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the westerly side by 9.33'; the rear fence with encroach the cty's right-of-way/drainage and <br />utility easement by 19.61' and the city's right-of-way/drainage and utility easement on the <br />easterly side by 4.33' as depicted on Exhibit A. <br />NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, <br />THE PARTIES AGREE AS FOLLOWS: <br />1. The City hereby grants Landowners permission to encroach into the City's right- <br />of-way/drainage and utility easements in the side and rear yard with fence to the extent indicated <br />on the attached EXHIBIT "A". <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 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 and rear yard right of way/drainage and utility easement(s) with a <br />fence. Landowners further agree to indemnify and hold the City harmless from any damage <br />caused to the Subject Property as a result of maintenance of the City's right of way/drainage and <br />utility easement(s), including any damage to the fence within the side and rear yard caused in <br />whole or part by the encroachment into the City's side and rear yard right of way/drainage and <br />utility easement(s). <br />4. The City does not warraurt title or guarantee the continuing right of Landowners to <br />maintain the fence within the City's side and rear yard right of way/drainage and utility <br />easement(s). <br />r� <br />