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("Improvements") on the Subject Property that will encroach into the City's Easements Areas as <br /> depicted on the attached Exhibit"A". <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment <br /> in its Easement Areas on the Subject Property for the Improvements subject to the conditions set <br /> forth in this Agreement. Further conditions of encroachment approval are as follows: <br /> • The City shall have no responsibility to maintain or repair the Improvements located <br /> within the Easement Areas. <br /> • The Improvements must not impact or increase water drainage on the abutting <br /> properties or cause any adverse drainage patterns or erosion to the abutting properties. <br /> • Owners agree that the retaining wall to be built will be 4' or less in total height, unless <br /> an engineered design for walls over 4'total height is submitted and approved by the City. <br /> • The Owners, their successors and assigns, are fully responsible and liable for any and <br /> all damage caused to the Improvements or resulting from construction and/or <br /> installation of the Improvements within the Easement Areas. <br /> • The Owner of the Subject Property will own and maintain the Improvements. <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, 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 any of the Improvements located in the Easement Areas, caused in whole or <br /> in part by the encroachment into the Easement Areas. <br /> 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at <br /> any time if it is necessary for the City to occupy the Easement Area for drainage and utility <br /> purposes and the Improvements are inconsistent with the City's use of the easement. Prior to <br /> termination, the City will give the then Owners 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 condition <br /> as determined solely by the City and this Agreement may then be terminated immediately. The <br /> Owners shall remove the Improvements upon demand from the City. If the Owners fail to do so, <br /> 235384v1 <br />