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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 utility easement(s). <br /> 3® Landowners, for themselves, e® 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 ftwther 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 caused in whole or part by the encroachment into the City's right of way/drainage <br /> 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 /> utility easement(s) if the fence is damaged to more than fifty percent (50%) of its fair market <br /> value, as measured immediately for 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 it 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 /> 2 <br /> .14 <br />