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walls upon the condition that the City shall have no responsibility to maintain the retaining walls <br /> located within the City's easements. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the City's easement areas, Feldmanns 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 walls in the City's easement areas,caused in whole or in part by <br /> the encroachment into the City's easement areas. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this Agreement at any time by giving the then owner of the Subject Property thirty(30) <br /> days advance written notice, except that no notice period will be required in the case of an <br /> emergency condition as determined solely by the City and the Agreement may then be <br /> terminated immediately. The property owner shall remove that portion of the retaining wall to the <br /> extent it impacts the easement area to the effective date of the termination of this Agreement. If the <br /> owner fails to do so,the City may remove the retaining wall to the extent it impacts the easement <br /> area and charge the cost of removal back to the owner for reimbursement. <br /> 5. RECORDING. This Agreement shall run with the land and shall be recorded <br /> against the title to the Subject Property. <br /> [Remainder of Page Intentionally Left BlankJ <br /> 176485 2 <br />