2023-06-14 CC Packet - Laserfiche WebLink

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NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. The City hereby grants Landowner(s) permission to encroach into the City's right-of-way/drainage and utility casements in their side yard to the extent indicated on the attached FXHIBIT "A". 2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interest in the right-of-wayldrainage and utility casemcnt(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 permission to encroach into the City's side yard right of way/drainage and utility easement(s). 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 within the side yard caused in whale or part by the encroachment into the City's side yard right of way/drainage and utility casement(s). 4. The City does not warrant title or guarantee the continuing right of Landowners to maintain the fence within the City's side yard right of wayldraina.ge and utility easement(s). 5. Landowners may not replace the fence in the City's side yard right of way/drainage and utility easernent(s) if the fence is damaged more than fifty percent (501N) 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 interferes with said use. City's use of easement or it may cause upstream problems or property damages or property damage or if Landowner(s) has failed to comply with any City requirements associated