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Subject Property and which encroach on the City's Easement Areas as depicted on the sketch attached <br /> hereto as Exhibit"A". <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment on its Easement Areas for the Improvements,subject to the conditions set forth in this <br /> Agreement. Further conditions of encroachment approval are as follows: <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 <br /> to the abutting properties. <br /> • Owners will be responsible for repair, replacement and maintenance of the <br /> Improvements. <br /> • The Owners,their heirs,successors and assigns,are fully responsible and liable for any <br /> and all damage caused to the Improvements because of it being constructed in the <br /> City's Easement Areas. <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 constructed 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, the Owners, for themselves,their heirs and assigns, hereby agree <br /> to indemnify and hold the City harmless from any damage caused to the Subject Property, including <br /> the Improvements located in the Easement Areas, caused in whole or in part by the encroachment <br /> into the Easement Areas. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this agreement at any time if the City needs to occupy the Easement Areas by giving the <br /> then owner of the Subject Property thirty(30)day advance written notice. The owner of the Subject <br /> Property may be required to remove the Improvements if it is deemed necessary by the City in order <br /> to exercise the purpose of the Easement Areas. If the owner fails to do so,the City may remove the <br /> Improvements and charge the cost of removal back to the owner for reimbursement. No notice under <br /> this paragraph shall be required in the event of an emergency condition determined solely by the <br /> 229351v1 <br />