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2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of <br />the CityÓs interest in the right-of-way/drainage and utility easement(s). <br />3. Landowners, 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 permission to <br />encroach into the CityÓs right of way/drainage and utility easement(s) as stated previously. <br />Landowners further agree to indemnify and hold the City harmless from any damage caused to <br />the Subject Property as a result of maintenance of the CityÓs right of way/drainage and utility <br />easement(s), including any damage to the raised garden caused in whole or part by the <br />encroachment into the CityÓs right of way/drainage and utility easement(s) as stated previously. <br /> 4. The City does not warrant title or guarantee the continuing right of Landowners to <br />maintain the raised garden in the CityÓs right of way/drainage and utility easement(s) as stated <br />previously. <br /> 5. Landowners may not replace the raised garden in the CityÓs right of way/drainage <br />and utility easement(s), as stated previously, if the raised garden is damaged more than fifty <br />percent (50%) of its fair market value, as measured immediately prior to the damage. <br /> 6. The City may direct removal of the raised garden, at the LandownersÓ sole cost and <br />expense, upon thirty (30) days written notice if the City determines that the raised garden will <br />interfere with said CityÓs use of easement(s) or it may cause upstream problems or property <br />damages or property damage or if Landowners have failed to comply with any City requirements <br />associated with the encroachments. If the removal is not completed by Landowners within the <br />time prescribed, the City may remove the encroachments at LandownersÓ expense and Landowner <br />agrees that the City may collect the costs of such removal as a special assessment against the <br />2 <br /> <br />