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2023-07-12 CC Packet
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2023-07-12 CC Packet
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2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br />of 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 sides and rear yard right of way/drainage and utility easement(s). <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 French Drain/draintile within the sides and rear yard <br />caused in whole or part by the encroachment into the City's sides and rear yard right of <br />way/drainage and utility easement(s). <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br />maintain the French Drain/draintile within the City's sides and rear yard right of way/drainage <br />and utility easement(s). <br />5. Landowners may not replace the b French Drain/draintile in the City's sides and <br />rear yard right of way/drainage and utility easement(s) if the French Drain/draintile is damaged <br />more than fifty percent (50%) of its fair market value, as measured immediately prior to the <br />damage. <br />6. The City may direct removal of the French Drain/draintile at the Landowners' <br />sole cost and expense, upon thirty (30) days written notice if the City determines that the French <br />Drain/draintile interferes with said use. City's use of easement(s) or it may cause upstream <br />problems or property damages or property damage or if Landowner(s) has failed to comply with <br />any City requirements associated with the encroachment. If the removal is not completed by <br />Landowner within the time prescribed, the City may remove the encroachment(s) at <br />2 <br />
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