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Creekview North-CN 901113HOLD HAI~Um~$ AGI~ FILE COPY WHEREAS, the owners of Lot 11 Block ~ B , ~ Coppell, Texas (the owners), understand and acknowledge that the retaining wall which is located on their property encroaches onto the City of Coppell's sanitary sewer easement; and WHEREAS, owners understand and acknowledge that in case repairs or improvements are required to be made to the City of Coppell's sewer system which would require removal of the wall in order to effect such improvements; and WHEREAS, owners recognize and acknowledge that such retaining wall was installed despite knowledge of the city's sanitary sewer easement; Owners hereby agree to remove such retaining wall at their own cost and upon request by the City of Coppell, and if owners fail to remove the wall upon request by the city, then City will remove such retaining wall and owners hereby indemnify and hold the City harmless from all claims of damage to the wall which arise from the City's removal of such wall while repairing, inspecting, improving or in any way seeking access to the sanitary sewer system. Additionally, owners agree to reimburse the City for the reasonable costs incurred in removing the wall. OWNER: