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conditions set forth in this Agreement. Further conditions of encroachment approval are as follow: <br /> • The City shall have no responsibility to maintain or repair the retaining wall located within <br /> the Easement Areas. <br /> • Owners agree that the retaining wall to be built will be 4' or less in total height, unless an <br /> engineered design for walls over 4' total height is submitted and approved by the City. <br /> • The retaining wall 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 the <br /> abutting properties. <br /> • The Owners, their heirs, successors and assigns, are fully responsible and-liable for any <br /> and all damage caused to the retaining wall or resulting from construction and/or <br /> installation of the retaining wall within the Easement Areas. <br /> • The Owners of the Subject Property will own and maintain the retaining wall. <br /> Further, Owners agree that the retaining wall 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, Owners, for themselves, their heirs, successors and assigns, <br /> hereby agree to indemnify and hold the City harmless from any damage caused to the Subject <br /> Property,including the retaining wall located in the Easement Areas,caused in whole or in part by <br /> 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 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 <br /> Subject Property may be required to remove the retaining wall if it is deemed necessary by the <br /> City in order to exercise the purpose of the Easement Areas. If the owner fails to do so,the City <br /> may remove the retaining wall and charge the cost of removal back to the owner for <br /> reimbursement. No notice under this paragraph shall be required in the event of an emergency <br /> condition determined solely by the City and the Agreement may then be terminated immediately. <br /> 5. RECORDING. This Agreement shall run with the land and shall be recorded against <br /> the title to the Subject Property. <br /> 23I746vI <br />