2020-07-08 CC Packet - Laserfiche WebLink

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2. Nothing in this, Agreement shall be deemed an abandounient, vacation or waiver of the City's interest in the right-of-way/dtainage and utility ew, sement(s). 3. Landowner, for themselves, their heirs, successors and assigns, hereby agrree to defend, indemnify and hold the City harmless from a,]J costs and expenses, claims and liability, including attorney fees, relating to or arising out of the: grant to Landowners of perirnission to encroach into the City's rear and side yard right of way/drainage and utility easementi(s). I..andowner further agrees to indemnify and hold the City harmless firoin any damage caused to, the, Subject Property as a restilt. Of triaintenance of the City's right of way/drainage and utility easernent(s), including, any damage to the fence caused in whole or part by the encroachment into the City's rear and side yard right of way/drainagc and utility casernent(s). 4, The City doe,.,, not warrant title or guarantee the continuing right of Landowners to maintain the fence in the City's rear and side yard right of way/drainage and utility easerrient(s). � . 1,andowners may not replace the fence in the City's rear and side yard right of way/drainage and utility easernent(s) if the fence is damaged more than fifty percent (50%,) of its fair market value, as measured immediately prior, to the damage. 6, The City may direct removal of the fence, at the Landowners" sole cost and expense, upon thirty (30), days written notice if the City determines that the fence wil I interfere with said use. City's use of easement or it may cause upstream problenis, or property damages, or property damage or if Landowner(s) has failed to comply with any City requirements associated with the encroachment. If the removal is not completed by Landowner within the time prescribed, the City may remove the encroachment at Landowner's expense and Landowner agrees that the City may collect the costs of such removal as, a special assessment against the property. Landovvner specifically waives the requirements for public hearings associated with arjy assessment. FAI