2023-07-12 CC Packet - Laserfiche WebLink

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1. The City hereby grants Latidowner(s) permission to encroach into the City's right-of-way/drainage and utility easements in their side and rear yard to the extent indicated on the attached EXHIBIT "A". 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. Landowner(s), for themselves, their heirs, successors and assigns, hereby agree to defend, indemnify and hold the Cite harmless from all costs and expenses, claims and liability, including attorney fees, relating to or arising out of the grant to Landowner permission to encroach into the City's side and rear yard right of way/drainage and utility easement(s). Landowner further agrees to indemnify and bold 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 draintile within the side and rear yard caused in whole or part by the encroaclunent into the City's side and rear yard right of way/drainage and utility easement(s). 4. The City does not warrant title or guarantee the continuing right of Landowner(s) to maintain the draintile within the City's side and rear yard right of way/drainage and utility easement(s). 5. Landowner(s) may not replace the draintile in the City's side or rear yard right of way/drainage and utility easement(s) if the draintile is damaged more than fifty percent (501/1o) of its fair market value, as measured immediately prior to the damage. 6. The City may direct removal of the draintile, at the Landowners' sole cost and expense, upon thirty (30) days written notice if the City determines that the draintile 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 N