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by 3' and then heading westerly along the same line to a line equal to the rear fagade of the home <br />(approximately 29 % then commencing 9' to the rear fagade of the home. <br />NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, <br />THE PARTIES AGREE AS FOLLON'VS: <br />1. The City hereby grants Landowner(s) permission to encroach into the City's <br />right-of-way/drainage and utility easements in their sides and rear yard to the extent indicated on <br />the attached EXHIBIT "X' <br />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 easements). <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 />eascment(s), including any damage to the 5' chain link fence 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 easernent(s). <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br />maintain the 5' chain link fence within the City's sides and rear yard right of way/drainage and <br />utility easement(s). <br />5. Landowners may not replace the 5' chain link fence in the City's sides and rear <br />yard right of way/drainage and utility easement(s) if the 5' chain link fence is damaged more <br />than fifty percent (50%) of its fair market value, as measured immediately prior to the damage. <br />2 <br />