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2. Dlothigip, in this A.L.,.,preir.-xnent shall 1be deerned an, vacation ir,).r waiv�,,-r <br />of the City's interest in the right.-of-way/drainage, and utility easemerit(s). <br />3. Landowners, :for themselves, their heirs, successors and assigns, hereby ap.....xee to <br />deflend,rode ninify and hold the City llarailess :from all costs and expenses., claims W-Rd liability, <br />including attorney fees, relating to or arising out of the grant to Landowners of P enn. ission. to <br />encroach into the City's right of.,way/drainage and utility ens ement(s). Landowners fin-ther <br />agree to indemnify and hold the City harmless from any damage caused to the Subject Property <br />as a result of maintenance of the City"s right of­wayldrainage and utility easernent(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 continuing:right of Landowners to <br />maintain the shed in the City's right-of-way/drainage wid utility easenient(s). <br />5. Landowners may not :replace the shed in the City's right-of-way/drain.age and <br />utility easement(s) if the shed is damaged to more than fifty percent (50%) of its -fair :market <br />value, asmeasuredimmediately prior to die damage, <br />6. The City may direct :removal of the shed, at the Landowners' sole cost and <br />c.icpense, upon thirty (30) days written notice if the City determines it has a use for the right-of- <br />way/drainage and utility easement(s) and that the shed interfere with said use. <br />7. This Agreement shall ram -with the land and shall berecorded against the title to <br />the Subject Property. <br />CITY (3F C.E.NTER.VIII,.,.E <br />By�: <br />lieff Raor, Mayor <br />F) <br />