2023-08-23 WS & CC Packet - Laserfiche WebLink

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