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*�. ACCESS. The City maintains the right to have full access to the City Easements. In the event the Owner constructs a fence on the Subject Property, the fence shall have moveable or removable fence panels/gates that allow a 10' wide ingress to the City Easements. In consideration of this Agreement, the Owner hereby grants the City a waiver of trespass to allow any encroachment on to the Subject Property outside of the City Easements area deemed necessary by the City or its agents to service, repair, or replace the existing sewer lines, future utilities, or other uses of the City Easements area. 4. DEFEND, INDEMNIFY AND HOLD HARMESS. In consideration of being allowed to encroach on the City Easements, the Owner, its successors, heirs, and assigns, hereby agree to defend, indemnify, and hold the City harmless from any damages caused to the Subject Property or any improvements on the Subj ect Property, including, but not limited to, fences, driveways, retaining walls, vegetation, or sprinklers, by the City or its agents in accessing the City Easements in serving, repairing, installing, or replacing the existing sewer lines, future utilities, or other uses of the City Easements. Owner is responsible for restoring the Subject Property and any improvements after the City or its agents service, repair, install or replace the existing sewer lines, future utilities or other uses of the City Easements. Notwithstanding the foregoing, however, the City agrees that it will use its reasonable efforts to minimize the damage to the Subject Property which occurs by reason of the City's accessing the City Easements for the purposes stated herein. 5. RECORDING. This Agreement shall be recorded against the title to the subj ect property. CITY OF ROSEVILLE iJNITED PROPERTIES � � Craig Klausing, Mayor Neal J. Beets, City Manager RESIDENTIAL LLC By: Its: By: Its: Encroachment Agreement Page 2 of 3