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with this Agreement, and other compliance with the City Code. 6. Insurance. Owners are required to maintain a general liability insurance policy which provides coverage for damage to others or injury to persons for their property the Encroachment Area. Such coverage shall be on an as occurrence basis and, if reasonably available, as part of a standard homeowner's policy. Without substantial additional cost, shall include contractual liability coverage with respect to the indemnity obligation in Section 6 of this Agreement. Such policy shall contain a clause which provides the insurer will not change, non - renew, or materially change the policy without first providing the City thirty (30) days prior written notice. Owners shall provide the City with a Certificate of Insurance for such coverage upon City request. 7. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the City Property, Owners, for themselves, their heirs, successors and assigns, hereby agree to indemnify and hold the City, its officials, employees, contractors, agents, and volunteers harmless from any and all claims, damages, losses, costs, and/or expenses, arising from, based on, related to, or caused by, in whole or in part, the Encroachment. 8. Waiver of Claims. Owners knowingly and voluntarily waive and release any and all claims against the City arising from, based on, or related to Owners being permitted to maintain the Encroachment on the City Property. 9. Termination of Agreement. The City may, at its sole discretion, terminate this Agreement at any time by giving Owners, or any successor in interest, thirty (30) days advance written notice of termination. In the event of an emergency condition, as determined solely by the City, the City may terminate the Agreement without notice and with immediate effect. A. Removal of Encroachment. Except as provided in paragraph 9.B. of this Agreement, upon the effective date of termination of this Agreement, Owners or their successor in interest shall remove the Encroachment and restore the Encroachment Area to a condition consistent with the condition of the surrounding City Property. If Owners or their successor in interest fail to timely perform such removal and restoration, the City may remove the Encroachment and charge the cost of removal back to Owners for reimbursement. B. Retention of Encroachment. At its sole discretion, the City may choose to allow the Plantings to remain in the Encroachment Area following termination. If the City so chooses, the notice of termination shall inform Owners of the City's choice. Upon termination with retention of the Plantings in the Encroachment Area, the Plantings shall become the property of the City, o cost to the City. The City shall assume all responsibility for the ongoing mainttTidnce of the Plantings. 10. Recording. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. At the time that this Agreement is terminated pursuant to Section 9 of this Agreement, the City shall execute and record a release of the Agreement. 3 2281030