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2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br /> of the City's interest in the right-of-way/drainage and utilit easement(s). <br /> utility (s ) <br /> 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to <br /> defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, <br /> including attorney fees, relating to or arising out of the grant to Landowners of permission to <br /> encroach into the City's right of way /drainage and utility easement(s). Landowners further agree <br /> to indemnify and hold the City harmless from any damage caused to the Subject Property as a <br /> result of maintenance of the City's right of way /drainage and utility easement(s), including any <br /> damage to the fence caused in whole or part by the encroachment into the City's right of <br /> way /drainage and utility easement(s). <br /> 4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> maintain the fence in the City's right of way /drainage and utility easement(s). <br /> 5. Landowners may not replace the fence in the City's right of way/drainage and • <br /> g <br /> utility easement(s) if the fence is damaged to more than fifty percent (50 %) of its fair market <br /> value, as measured immediately prior to the damage. <br /> 6. The City may direct removal of the fence, at the Landowners' sole cost and <br /> expense, upon thirty (30) days written notice if the City determines that the fence will interfere <br /> with said use. <br /> 7. This Agreement shall run with the land and shall be recorded against the title to <br /> the Subject Property. <br /> • <br /> 2 <br /> 22 <br />