02-23-2015 Council Packet - Laserfiche WebLink

Home Browse Search

2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the existing boulder retaining wa11 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 grass 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 mainten�nce and repair of the boulder retaining wall. The City sha11 have no responsibility to maintain the retaining wall l�ocated within the City's easement areas. 4. HOLD HARMLESS AND INDEMNTTY. Iu consideration of being allowed to encroach in the City's easement areas,Haehns, fc�r themselves,�h,eir heirs, successors and assigns, hereby agree to indemnify�nci hold the City haimless from any damage caused to the Subject Property, including the retaining w�ll in the City'e tr�sement areas,caused in whole or in part by the encroachment into the City's easerr�ent area. 5. TERMt1�1ATION flF AGREEI�+IENT. The City may,at its sole discretion, terminate this Agreement at any time by g�ving the then owner of the Subject Property thirty(30) days advance written notice, exce�t that no notice period will be required in the case of an emergency condition as deternun�i 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 Agreement. If the owner fails to do so,the City may remove the retaining wall and chazge the cost of removal back to the owner for reimbursement. 2 isoi9��i