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1 . The City hereby grants Landowners permission to enerc3ach into the City's right- <br />of-way/drainage and utility easement for their rear yard easement(s) tothe extent indicated on <br />the Site Plan attached hereto as EXHIBIT 'W. <br />2. Nothing in this Agreement shall be deemed an abandonrnent, vacation or waiver <br />of the City's interest in the right-of-way/drainage and utility casement(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 farther <br />agree to indemnify and hold the City harmless from any damage caused to the Subject Property <br />as a result of maintenance of the City's right-of-way/drainage and utility easement(s), including <br />any damage to the shed 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 shed in the City's right-of-way/drainage and utility easement(s). <br />5. Landowners may not replace the shed in the City's right-of-way/drainage and <br />utility easement(s) if the shed 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 shed, at the Landowners' sole cost and <br />expense, upon thirty (30) days written notice if the City determines it has a use for the right-of- <br />way/drainage and utility easement(s) and that the shed interfere 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 />2 <br />-12- <br />