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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment in its Easement Areas on the Subject Property for the Improvements subject to the <br /> conditions set forth in this Agreement. Further conditions of encroachment approval are as <br /> follows: <br /> • Plans for modification or maintenance of the Improvements must be approved by the City, <br /> prior to beginning the work. <br /> • The maintenance of the Improvements will not exceed the current 253 sq. ft. of <br /> encroachment in the Easement Areas. <br /> • The Improvements located on the Subject Property must not impact or increase water <br /> drainage on the abutting properties or cause any adverse drainage patterns or erosion to <br /> the abutting properties. <br /> • Owners are fully responsible and liable for any and all damage caused to the <br /> Improvements, or resulting from the modification or maintenance of the <br /> Improvements within the Easement Areas. <br /> • Owners will be responsible for the Improvements. <br /> • The City shall have no responsibility to maintain or repair the Improvements located on <br /> the Subject Property or encroaching into the Easement Areas. <br /> Further, Owners agree that the Improvements shall be maintained consistent with all <br /> applicable federal, state and local laws and regulations. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the Easement Areas, Owners, for themselves, their successors, heirs and assigns, <br /> hereby agree to indemnify and hold the City harmless from any damage caused to the Subject <br /> Property, including the Improvements located in the Easement Areas, caused in whole or in part <br /> by the encroachment into the Easement Areas. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this Agreement at any time if it is reasonably necessary for the City to occupy the <br /> Easement Areas by giving the then owner of the Subject Property thirty (30) days advance <br /> written notice, except that no notice period will be required in the case of an emergency <br /> condition as determined solely by the City and this Agreement may then be terminated <br /> 225073v1 <br />