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<br />3. In order for Owner to more fully enjoy his/her property as described above, Owner <br />has requested an encroachment agreement from the County to allow Owner to install <br />or maintain on the afore-mentioned County property the following: Fence <br /> <br />4, By issuance of an encroachment agreement, the County agrees to allow Owner to <br />install or maintain the property described in paragraph 3, above, on County's property <br />described in paragraph I, and as detailed on attached Exhibit (page 4) <br /> <br />5. The parties hereto agree that when Owner's property, the installation and/or <br />maintenance of which are hereby allowed, is destroyed or worn out, said property <br />shall not be repaired or replaced without the express written consent of County. <br />Further, said property, the installation and/or maintenance of which is hereby <br />authorized, shall be installed, operated and maintained pursuant to the direction of the <br />City of Fargo or the County ofCass, <br /> <br />6, Owner agrees that he is gaining no rights to the use of any County property by <br />execution of this agreement. <br /> <br />7, Owner further agrees and promises that the installation and/or maintenance of the <br />property, that is hereby authorized, shall not interfere with the use by City of Fargo or <br />County of its property above described. If Owner's property does interfere with said <br />use of said property, County may cancel this agreement by giving Owner sixty (60) <br />days written notice of County intent to cancel this agreement. At the expiration of <br />said 60 days, Owner shall remove, at hisfher own expense, all of hislher property, the <br />installation and/or maintenance of which is hereby authorized. <br /> <br />2 <br />