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230717v1 conditions set forth in this Agreement. Further conditions of encroachment approval are as follows: •The City shall have no responsibility to maintain or repair the septic tanks located within the Easement Areas. •The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the septic tanks within the Easement Areas. •Owners will be responsible for repair, replacement and maintenance of the septic tanks. Further, Owners agree that the septic tanks was constructed consistent with all applicable federal, state and local laws and regulations. 3.HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, the Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the septic tanks located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4.TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this agreement at any time if the City needs to occupy the Easement Areas by giving the then owner of the Subject Property thirty (30) day advance written notice. The owner of the Subject Property may be required to remove the septic tanks if it is deemed necessary by the City in order to exercise the purpose of the Easement Areas. If the owner fails to do so, the City may remove the septic tanks and charge the cost of removal back to the owner for reimbursement. No notice under this paragraph shall be required in the event of an emergency condition determined solely by the City and the Agreement may then be terminated immediately. 5.RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Remainder of page intentionally left blank. Signature pages follow.] DRAFT