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whole or in part by the City's use and maintenance of the park. This maintenance agreement is an <br /> obligation of the Owner and shall be binding upon the executors, administrators, successors and assigns of <br /> the Owner. The fence may be repaired but may not be replaced in whole or in part by the Owner without <br /> prior written approval of the City. <br /> 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach <br /> on the City's property, the Owner, its successors and assigns, hereby agrees to indemnify and hold the City <br /> harmless from all costs and expenses, claims and liability, including attorney's fees,relating to or arising out <br /> of this grant to the Owner of permission for the existing fence on the subject property. The Owner further <br /> agrees to indemnify and hold the City harmless from any damage caused to the subject property, including <br /> the fence on the subject property, caused in whole or in part by the use of the subject property. <br /> 5. TERMINATION. The City may, at its sole discretion, terminate this Agreement at any <br /> time by giving the Owner thirty (30) days advance written notice. Following notice, the Owner shall <br /> remove the fence, at the sole expense of the Owner. If the Owner fails to remove the fence as provided in <br /> this paragraph, then the City may remove the fence and charge the cost to the Owner or have it assessed <br /> against the benefiting property. This Agreement will also terminate upon the removal or destruction of the <br /> fence in whole or in part exceeding 50%of the lineal feet of the fence or 50%of its estimated value. <br /> 6. RECORDING. This Agreement shall be recorded against the title to the benefiting <br /> property and shall be binding upon the Owner, its assigns and successors in interest. <br /> 2 <br />