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by the City or its agents to service the existing storm pond, existing or <br />future underground utilities, or other proper uses of the Easement area. <br />3. HOLD HARMLESS AND INDEMNITY. In consideration of being <br />allowed to encroach on the City's Easement, the OWNER, their successors, <br />heirs, and assigns, hereby agree to indemnify and hold the City harmless <br />from any damage caused to the Subject Property or items being stored on <br />the Subject Property, including, but not linlited to: fences, vehicles, <br />pavement, curb & gutter, storm sewer, shrubs, trees, grass, sprinklers, and <br />any other improvements on the Subject Property, or other areas of the <br />Subject Property damaged by personnel or equipment for purposes of <br />accessing the City Easement. <br />4. TERMINATION OF AGREEMENT. If the OWNER's encroachment of <br />the City's Easement or use of the Subject Property conflicts with or impairs <br />the City's Easement rights, the City shall notify the OWNER in writing. If <br />the OWNER fails to remedy the problem within thirty (30) days of the <br />written notice, the City may terminate this Agreement. If this Agreement is <br />terminated, the Subject Property owner shall remove the parking lot to the <br />effective date of the termination. If the Subject Property owner fails to do <br />so, the City may remove the parking lot without payment of any costs for <br />any reason to OWNER or the then owner. <br />5. RECORDING. This Agreement shall be recorded against the title to the <br />Subject Property. <br />Page 2 of 3 <br />