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2. ls�otlr n,g this g A <br /> i� gToement shall, be deeiu-Ued ,,ctn almridunment, an .,,,afian (')irwaiii ver <br /> ofthe Gry',,i,interest in the ri& Ly as A <br /> and.utflii e ernen (s). <br /> 3. 1,andownens, f.br thems(Aves, their .heirs, sacces&:ws and assilpis, fiereby agree to <br /> defend., indernnify and. hold the City harmless from all costs and experuses, claitns and liability, <br /> including attorney fees, relating to or arising out of the grant to Landowners of permission to <br /> encroach into the City'sright of wEky/drainage and utility ear ernent(s). Landowners further agree <br /> tio, indemnil ( and hold the City .harniless :From any damage caused to th.e S-abject 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 encroaclu-nentinto theCity'srigh.t of way/drainage <br /> and utility easernent(s). <br /> 4. The,City does not-warrant Citgo or V. <br /> ,uarantee tbit continuing nigh.t of Lando wne...rs to <br /> :maintain the fence in the City'snght of way/drainage an.d 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 R fty percent (5 0%) of its flair market <br /> value, as mmisured immediately prior to the damage. <br /> 6. The City may direct removal of the fence, at the Landowners' sole cost and <br /> exP <br /> .� <br /> anse. q on thirty (3 0) days -written notice :if the City dote nn.ins th.at the :fence will interfere <br /> .P <br /> with said ase. <br /> 7. Ibis Agreement Shall run with the ]an.d an.d shall be recorded against the title to <br /> the Sukject Property., <br /> 2 <br /> 6 <br />