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® RETAINING WALL AND FENCE. The Owners will meet the following conditions with regard to the reconstruction of a retaining wall and fence on their property line. The Owners will apply for a building permit for the retaining wall if its height above grade is four feet or greater. The Owners will apply for a zoning permit for the retaining wall if its height is below four feet. The Owners will apply for a zoning permit for the construction of the fence. The Owners will demonstrate to the City in writing that they have permission from the owners of 1768 Lake Street to use their property as needed to construct the retaining wall on the property line. The Owners will not construct the retaining wall or fence within five feet of the sanitary sewer manhole located on their northern property line. The Owners will pay for any legal and engineering costs incurred by the City in association with the execution of this agreement. ARTICLE 2 CITY LICENSE GRANTED 2.1 LICENSE GRANT. The City hereby grants the Owners a license to maintain the improvements in the sanitary sewer easement area pursuant to the terms and conditions of this License Agreement for Retaining Wall and Fence. ® LICENSE. The terms of this License Agreement for Retaining. Wall and Fence shall create a license for the current and subsequent Owners to maintain the retaining wall and fence within the easement area. ® SCHEDULED SEWER REPAIRS AND MAINTENANCE. Nothing herein prevents the City from accessing the sanitary sewer manhole and easement area for the purpose of sewer repairs and maintenance. In the event the anticipated sewer repairs require the removal of some or part of the retaining wall and fence, the Owners will be notified by the City no less than 30 days from the anticipated start of the repair and maintenance work. The cost and effort to reconstruct the retaining wall and fence after the completion of the sewer work is born by the Owners. . - 2.4 EMERGENCY SEWER REPAIRS. Nothing herein prevents the City from removing the retaining wall and fence, without notice to the Owners, in the event of a sewer emergency. The cost and effort to reconstruct the retaining wall and fence after the completion of the sewer work is born by the Owners. 2.5 NO TAKING. The termination of this License Agreement for Retaining Wall and Fence by the City shall not constitute a taking as defined in Minnesota Statutes, § 117.025. The City and the Owners acknowledge and agree that the City must have the ability to use the sanitary sewer easement dedicated by the plat for any public purpose. A-2 361051 RHB NIN415-94