ron Boman

covenants herein contained the Owner covenants with the City as
follows:

1. The Owner hereby covenants and agrees that with the exception
of the retaining wall constructed on the easement area that the Owner
Shall not erect, place, maintain or extend any bullding, structure,
foundation or wall on the easement area.

2. The Owner agrees to indemnify and save harmless the City from
any loss or damages to the retaining wall which may arise either
directly or indirectly out of the construction, improvement, exten-
sion, alteration, repair, maintenance, operation or failure of the
water and storm sewer works on the easement area or from any means
whatever.

3.6 The Owner also agrees to indemnify and save the City harmless
from any damage or loss to the water and storm sewer works which has
arisen or may hereafter arise by virtue of the construction of the
retaining wall on the easement area.

4, It is mutually understood, agreed and declared by and between
the parties hereto that the covenants contained herein shall be cove~
nants running with the lands and that none of the covenants herein
shall be personal or binding upon the Owner except during the Owner's
ownership of the lands but that the lands shall nevertheless be and

remain at all times charged therewith.

5. T€ any covenant or provision herein is determined to be unen-
forceable or covenants herein not running with the lands then such a

covenant or provision shall be severable from this Agreement and the

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