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2. 14othing in this Agreement shi.all be deemme(Ii an albandormwmt, %,(acation or waivif,,-.,,r <br /> of the City's interestinn the right- and utility easement(s). <br /> 3. Landowners, -for themselves, their .heu. s, successors and assigns, herdby agree to <br /> defend, indemnify and hold the City liarmless frorn 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-o&wa,y/drainage and utility easement(s). Landowners t` her <br /> agree to indemnify and hold the City harnfless from any damage caused to the Subject Property <br /> as a result of maintenance of the City's right of way/drainage and utility emement(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 continuin.g:right of Landowners to <br /> maintain the shed in the City'sright of-way/drainage and utilityease.m..en.t(s). <br /> 5. Landowners may not replace the 9hed in the City"s right-of-way/drain.age and <br /> utility easernent(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 /> ® The City may direct removal of the shed, at -the Landowners,' sole cost and <br /> Oxpense, ulll)onn thirty (30) days written notice if the City determines it has as use far tine ri g-ht of- <br /> way/drainage and utility easement(s) an.d that the shed interfize with said use. <br /> 7. This Agreement shall nm with tbeland and shall be recorded against the title to <br /> the Subject Property. <br /> CITY OF <br /> By........................................... <br /> Jeff Paar , Mayor <br /> 2 <br />