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2. Nothing in this Agreenient shall be deerned an, ahandarianent, valeadon or' 'wai'ver <br /> offlip. Cit- 's interiest in the rigiit-o-i"'-,,i7fay/(,irai;ingr,, <br /> ia ,;,md utility,in,:Bement(s). <br /> .Y <br /> .3. Landowners, for themselves, their hi6rs, suc(xssors and assigns, 11ereby ag_ree to <br /> deliand, indemniffy and hold t1ke Citybarmless [Torn all costs and ex.penses, 1aims andliability, <br /> including attomey. -fees, relating to ani.sing out of the grant to Landowners of permission to <br /> encroachinto the City's n. grot of way/drainage and utility easement(s). Landowners further agree <br /> to indemnify and hold the City harmless frarn any darnage caused to tine S ubj ect Pro.perty as a <br /> result ofmaintenajace of the City's right of way/drainage and utility easernent(s), including any <br /> damage to the caused in-whole or part by the encroachment into the City'sfight of way/drainage <br /> and utility easement(s). <br /> 4. The City does not warrant title or gu a-rantee the contumingright of Landowners to <br /> maintain thefence in the City's right of way. /drainage and utility easement(s). <br /> 5. Landowners may not rephace the fence in. the Uity's right ofway/drainage and <br /> utility easement(s) if the -fence is dwnagedmare than fifty percent (50%) of its fairmarket value, <br /> a,s measured:in mm.ediately prior to the damage. <br /> 6. The City :may directremovdi of the -fence , at the Landowners' sole cost and <br /> expense, upon thirty (30) days written notice if the City deterrnin.es that the :fence will interfere <br /> with said use. <br /> 7 This Agreement shall run with theland and shall be re(x)r(,Ied againist the title to <br /> the S uj ect Property. <br /> CITY OF CENTERVILI E <br /> By- <br /> Jeff l': aar, Mayor <br /> 2 <br /> 20 <br />