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This License Agreement for Retaining Wall and Fence (hereinafter "License Agreement <br />for Retaining Wall and Fence") is made and entered into on the day of September, 2014, <br />by and between the city of Lauderdale, a Minnesota municipal corporation, (the "City"), and <br />Thomas C. Moffatt and Andrea M. Moffatt, married to each other, fee owners of 1773 Fulham <br />Street, Lauderdale, MN 55113 (the "Owners"). <br />WHEREAS, the City has a right-of-way easement located between Lake and Fulham Streets in <br />the block north of lone Street; and <br />WHEREAS, previous owners of 1773 Fulham Street constructed a retaining wall with fence <br />over the right-of-way easement; and <br />WHEREAS, the Owners would like to replace the deteriorated retaining wall and fence in the <br />same location; and <br />WHEREAS, the City Council finds that the Owners should be allowed to replace the retaining <br />wall and fence so long as the retaining wall and fence do not interfere with the City's ability to <br />provide sanitary sewer services to the residents served by this line. <br />NOW, THEREFORE, subject to the license terms and conditions of this License Agreement for <br />Retaining Wall and Fence, in reliance upon the above recitals, and in reliance upon the <br />representations and warranties of the parties herein contained, the City and the Owners agree as <br />follows: <br />ARTICLE I <br />OWNERS'IMPROVEMENTS <br />® RETAINING WALL AND FENCE. The Owners will meet the following conditions <br />361051 R-FiB MN415-94 <br />