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Z. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of <br />the City's 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 City's right of way/drainage and utility easements) 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 City's right of way/drainage and utility <br />easement(s), including any damage to the fence caused in whale or part by the encroachment into <br />the City's right of way/drainage and utility easement(s) as stated previously. <br />4. Tlae ON does not warrant title or guarantee the continuing right of Landowners to <br />maintain the fence in the City's right of way/drainage and utility easements) as stated previously. <br />5. Landowners may not replace the fence in the City's right of way/drainage and <br />utility easement(s), as stated previously, if the fence is damaged more than fifty percent (50%) of <br />its fair market value, as measured immediately prior to the damage. <br />6. The City may direct removal of the fence, at the Landowners' sole cost and <br />expense, upon thirty (30) days written notice if the City determines that the fence will interfere <br />with said City's use of easement(s) or it may cause upstream problems or property damages or <br />property damage or if Landowners have failed to comply with any City requirements associated <br />with the encroachments. If the removal is not completed by Landowners within the time <br />prescribed, the City may remove the encroachments at Landowners' expense and Landowner <br />agrees that the City may collect the costs of such removal as a special assessment against the <br />property. Landowner specifically waive the requirements for public hearings associated with any <br />assessment. <br />2 <br />