2022-04-27 CC WS & Council Packet

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NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. The City hereby grants Landowners permission to encroach into the City's right- of-way/drainage and utility easement(s) to the extent indicated on page one (1) of this agreement and the attached EXHIBIT "A", The type of fencing (decorative, black, "wrought iron type"'/steel/aluminum, 5') 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-of-way/drainage and utility easement(s). 3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowners pen°nission to encroach into the City's right of way/drainage and utility easement(s) as stated previously. Landowners further agree to indemnify and hold the City harmless from any damage caused to the Subject Property as a result of maintenance of the City's right of way/drainage and utility easement(s), including any damage to the fence caused in whole or part by the encroachment into the City's right of way/drainage and utility easement(s) as stated previously. 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the fence in the City's right of way/drainage and utility easement(s) as stated previously. 5. Landowners may not replace the fence in the City's right of way/drainage and utility easements), as stated previously, 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 will interfere with said City's use of easement(s) or it may cause upstream problems or property damages or 2