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3. Landowner(s), for themselves, their heirs, successors and assigns, hereby agree to <br />defend, indemnify and hold the City harmless from 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 />install the items noted in Article B. Landowners further agree to indemnify and hold the City <br />harmless from any damage caused to the Subject Property as a result of maintenance of the <br />y damage caused in whole or part by the <br />encroachment into said right-of-way/easement(s). <br /> 4. The City does not warrant title or guarantee the right of Landowner(s) to continue <br />this encroachment. <br /> 5. Landowner(s) may not repair/replace items if they are damaged more than fifty <br />percent (50%) of their fair market value, as measured immediately prior to the damage, without <br />further permission from the City. <br /> 6. The City may direct removal of the items, at th <br />expense, upon thirty (30) days written notice if the City determines that the encroachment <br />interferes with: the cd through the easement being encroached upon, the <br /> the encroachment is deemed a public nuisance in <br />accordance with city code. <br /> 7. This Agreement shall run with the land and shall be recorded against the title to <br />the Subject Property. <br />CITY OF CENTERVILLE <br />By:___________________________ <br /> D. Love, Mayor <br /> By:______________________________ <br /> Teresa Bender, City Clerk <br />2 <br /> <br />