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1. The City hereby grants Landowners permission to encroach into the City's right- <br />of-way/drainage and utility easements in their side yard to the extent indicated on the attached <br />EXHIBIT "A" <br />2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br />of the City's interest in the rigbt-of-wayldrainage 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 side yard right of way/drainage and utility easement(s). Landowners <br />further agree to indemnify and hold the City harmless from any damage caused to the Subject <br />Property as a result of maintenance of the City's right of way/drainage and utility easement(s), <br />including any damage to the 4' chain link fence within the side yard caused in whole or part by <br />the encroachment into the City's side yard right of 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 4' chain link fence within the City's side yard right of way/drainage and utility <br />easement(s). <br />5. Landowner may not replace the 4' chain link fence in the City's side yard right of <br />way/drainage and utility easement(s) if the 4' chain link fence 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 4' chain link fence, at the Landowners' sole <br />cost and expense, upon thirty (30) days written notice if the City determines that the 4' chain link <br />fence interferes with said use. City's use of easement(s) or it may cause upstream problems or <br />property damages or property damage or if Landowner(s) has failed to comply with any City <br />requirements associated with the encroachment. If the removal is not completed by Landowner <br />2 <br />