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<br />3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to <br /> <br /> <br />defend, indemnifY and hold the City harmless from all costs and expenses, claims and liability, <br /> <br /> <br />including attorney fees, relating to or arising out of the grant to Landowners of permission to <br /> <br /> <br />encroach into the City's easement. Landowners further agree to indemnifY and hold the City <br /> <br /> <br />harmless from any damage caused to the Subject Property as a result of maintenance of the <br /> <br /> <br />City's easement, including any damage to the structure caused in whole or part by the <br />encroachment into the City's easement. <br /> <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> <br />maintain the Structure in the City's easement. <br /> <br />5. Landowners may not replace the Structure in the City's easement if the Structure <br /> <br />is damaged to more than fifty percent (50%) of its fair market value, as measured immediately <br /> <br />prior to the damage. <br /> <br />6. The City may direct removal of the Structure, at the Landowners' sole cost and <br /> <br />expense, upon thirty (30) days written notice if the City determines that the Structure will <br /> <br />interfere with City's use of the easement or if Landowner has failed to comply with any city <br /> <br />requirements associated with the encroachment. If the removal is not completed by Landowner <br /> <br />within the time prescribed, the City may remove the encroachment at Landowner's expense and <br /> <br />Landowner agrees that the City may collect the costs of such removal as a special assessment <br /> <br />against the property. Landowner specifically waives the requirement for public hearings <br />associated with the assessment. <br />7. This Agreement shall run with the land and shall be recorded against the title to <br />the Subject Property. <br /> <br />2 <br /> <br />/~ <br />