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I ) <br />'J 'l sanitary sewer easement that covers the south 30 feet of the north 45 feet of the property. The <br />" 5 proposed retaining wall will wrap around the north area of the property extending 10 feet into the <br />easement along the east and west property lines. <br />"I 1� <br />1 5 POLICY OBJECTIVE <br />Memorandum of Understanding: The City Attorney drafted the 4 to address both the issue <br />of indemnification and emergency response. The property owner shall sign a waiver agreement <br />440 that will indemnify the City from damages to his property due to flooding in this subwatershed, <br />44 Encroachment Agreement: The agreement indemnifies the City from any damages to the <br />44 2 property due to the regular use of the public utility easement. It also requires the property owner <br />4 / 11) <br />1) to assume responsibility for the cost of reconstruction of the retaining wall should the City need <br />44 Z to excavate within the easement. <br />4 5 FINANCIAL IMPACTS <br />,Iei, Memorandum of Understanding: The City Attorney drafted the 4 to address both the issue <br />47 of indemnification and emergency response. The property owner shall sign a waiver agreement <br />448 that will indemnify the City from damages to his property due to flooding in this subwatershed. <br />Zm The Emergency Response Plan is contained within the MOU. <br />50 Encroachment Agreement: There is no public financial participation requested. The <br />5 Encroachment agreement indemnifies the City from any damages to the property due to the <br />52 regular use of the utility easement. It also requires the property owners to assume responsibility <br />5 for the cost of reconstruction or removal of the retaining wall should the City need to work in the <br />5 44 easement area. <br />55 STAFF RECOMMENDATION <br />561, Staff recommends Council approval of the Encroachment Agreement and Memorandum of <br />57 Understanding <br />58 REQUESTED COUNCIL ACTION <br />59 Motion to approve Gold Eagle Dry Cleaners Encroachment Agreement. <br />1 And <br />2 <br />Motion to approve Gold Eagle Dry Cleaners Memorandum of Understanding. <br />Prepared by: Debra Bloom, City Engineer <br />Attachments: A: Gold Eagle Building Addition RCA Uune 18, 2007) <br />B: Location Map, showing encroachment area <br />C: Encroachment Agreement <br />D: Memorandum of Understanding <br />E: Waiver Agreement <br />OEM <br />