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want to install a septic system on the subject property which will need installation of a pressure line <br />running through the City's right-of-way easement area on the subject property to get to the proposed <br />septic system as depicted on the attached sketch drawing. <br />2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br />encroachment within its easement area for the installation of a pressure line which needs to be <br />connected to the proposed septic system being constructed on the subject property, except over <br />existing utilities. <br />3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br />encroach within the City's easement area, the Owners, their successors, heirs and assigns, hereby <br />agree to indemnify and hold the City harmless from any damage caused to the subject property, <br />including the septic system pressure line being installed on the subject property. <br />4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br />terminate this Agreement at any time by giving the owner of the subject property thirty (30) days <br />advance 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 the Agreement may then be terminated <br />immediately. The property owner shall remove the septic system pressure line to the effective date <br />of the termination of this Agreement. If the owner fails to do so the City may remove the septic <br />system pressure line and charge the cost of removal back to the property owner. <br />5. RECORDING. This Agreement shall be recorded against the title to the subject <br />property. <br />151674v01 <br />SRN:05/12/2010 <br />2 ORONO/650 Big Island <br />(Septic System Encroachments)