2006-05-10 CC Packet - Laserfiche WebLink

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3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnifY and hold the City barmless 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 proviqe City with a' Certificate of Insurance indicating liability coverage of$l million and n8""118 City ofCenterville as additional insuted]. Landowners further agree to'indetnnii}r and hold the City harmless from any damage caused to the SUbject Property as a result 'of maintenance of the City's easement, including' any ,,'. ,,'. " . ~. " dstmage to the stmcture caused in whole or part by the encroachment into the City's easement. 4. The City does not warrant title. or gUai-antee the continuing right of Landowners to maintain the Structure in the City's e&$einent. S. Lan.dOwtiers may not replace the Stl1,Jcture in the City's easement if tJ1e Structure is dam-sed to more than fifty ~ (SOOA) of its t8ir market value, as measured'immediately prior to the damage. 6. The City may direct removal of the Structure, at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City deterJDines that the Structure will , , . intedere with City's use of the 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 assessmei1t against the property. Landowner specifically waives the requirement for public hearings associated with the assessment. 7. This Agreement shall nm with the land and shall be recorded against the title to the Subject Property. 2 11