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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the existing boulder retaining wall upon the City's easement areas on the Subject Property, conditioned upon compliance with the terms of the Owners' written agreement with the Minnehaha Creek Watershed District regarding planting of additional shrubs and/or natural gass in the 750 square foot area impacted by the retaining wall. 3. MAINTENANCE AND REPAIR OF RETAINING WALL. The Owners shall be solely responsible for all costs relating to the maintenance and repair of the boulder retaining wall. The City shall have no responsibility to maintain the retaining wall located within the City's easement areas. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement areas, Hoehns, for themselves, their heirs, successors and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the retaining wall in the City's easement areas, caused in whole or in part by the encroachment into the City's easement area. 5. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Ageement at any time by giving the then owner of the Subject Property thirty(30) days advance written notice, Except that no notice period�vill be required in the case c;f an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. The property owner shall remove the retaining wall to the effective date of the termination of this Ageement. If the owner fails to do so,the City may remove the retaining wall and charge the cost of removal back to the owner for reimbursement. 2 180197v1