Laserfiche WebLink
removed without prior written approval by the City and no additional retaining walls, fences, or other <br /> structures may be placed within the City Parcel or within any City-owned drainage and utility easements on <br /> the Olson Parcel without prior written approval by the City. <br /> 3. MAINTENANCE AND REPAIR OF RETAINING WALL. Olson shall be solely <br /> responsible for all costs relating to the maintenance and repair of the retaining wall and landscaping on the <br /> City Parcel, including any damage to the retaining wall and landscaping caused in whole or in part by any <br /> use of the City Parcel. This maintenance agreement is a personal obligation of Olson and shall be binding <br /> upon the executors, administrators, successors, and assigns of Olson. <br /> 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach <br /> on the City Parcel, Olson, their successors, heirs, and assigns, hereby agree to indemnify and hold the City <br /> hannless from all costs and expenses, claims and liability, including attorney's fees,relating to or arising out <br /> of this grant to Olson of permission for the retaining wall and landscaping to encroach on the City Parcel. <br /> 5. TERMINATION. If the retaining wall and landscaping on the City Parcel interfere with <br /> the use, maintenance or repair of City Parcel or the use, maintenance or repair of the utilities within the <br /> City's drainage and utility easements on the Olson Parcel, Olson sha11 remove the interference, at their sole <br /> expense: If Olson fails to remove any interference as provided in this paragraph, then the City may, at its <br /> sole discretion, terminate this Agreement at any time by giving Olson, their successors, heirs and assigns, <br /> thirty (30) days advance written notice, and may then remove the interference and charge the cost to Olson <br /> or have it assessed against the Olson Parcel. <br /> 6. RECORDING. 'I'his Agreement shall be recorded against the title to the City Pazcel and <br /> the Olson Parcel and shall be binding upon the parties name herein, their heirs, assigns and successors in <br /> interest. <br /> 132133v01 2 (Abstract Property) <br /> SRN:06/07/2007 <br />