2006-04-26 CC Packet - Laserfiche WebLink

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3. Landowners, for themselves, their heirs, successOrs" ~ assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners of permission to encroach into the City's easement [and Landowners will provi4e City with a Certificate of . Insurance indicating liability cov~e ofSt million and nami"8 City of CenterviIle as additional insured]. Landowners further agree to'indemnify and hold the City harmless fron:l any damage . caused to the Subject Property as a result of,maintenance of the City' ~ easement, including any: '. \ '. ' . ..... . . dam"ge to the structure caused in: whOle or part by the encroacbment into the City's easement. 4. The City does not warrant title.or guaiantee the contimJ-ing right of Landowners to maintain the Structure in the City's easement. 5. Landowners may not replace the StmctQre in the City's easement.. if the Structure is damaged to more than fifty ~ (50%) of its :fair market value, as measured immediately prior to the m,mage. 6. The City may direct removal of the StnictUre, at the Landowners' sole cost and expense, upon. thirty (30) days written. notice if the City ~es that the StrUcture will interfere with City's use 'ofthe easement or it may cause upstream problems or property damage or 'if Landowner has failed to comply with any' city requirements assoCiated with the encroachment. If the removal is not completed by Landowner within the time prescribed, the City may remove the encroachment at Landowner's expense and Landowner agrees that the City . . may collect the' costs of such removal as' a special assesSment against the property; Landowner . specifically waives the requirement for public hearings associated with the assessment. 7. This Agreement shall mn with the land and shall be recorded against the title to .the SUbject Property. 2 13 &~