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Property, and Wymans want to construct and install an additional section to the existing driveway, <br /> all which encroach on the City's easement area as depicted on the attached survey sketch. <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment in its easement area on the Subject Property far the existing boulder retaining wall <br /> and driveway, as well as the lamp post, and the construction of the additional section to the existing <br /> driveway, subject to the conditions set forth in this Agreement. The City shall have no <br /> responsibility to maintain the retaining wall, lamp post or driveway located within the City's <br /> easement. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the City's easement area, Wymans, for themselves, their heirs and assigns, hereby agree <br /> to indemnify and hold the City harmless from any damage caused to the Subject Property, including <br /> the retaining wall in the City's easement areas, caused in whole or in part by the encroachment into <br /> 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 the retaining wall, lanlp post and/or <br /> driveway to the effective date of the termination of this Agreement. If the owner fails to do so,the <br /> City may remove the retaining wall, lamp post and/or driveway and charge the cost of removal back <br /> to the owner for reimbursement. <br /> 5. RECORDING. This Ageement shall run with the land and sllall be recorded <br /> against the title to the Subject Property. <br /> 2 <br /> 183505 - <br />