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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 rear yard right-of-way/drainage and utility easement(s) with a drainpipe <br />as stated above. Landowners further agree to indemnify and hold the City harmless from any <br />damage caused to the Subject Property as a result of maintenance of the City's right-of- <br />way/drainage and utility easement, including any damage to the drainpipe within the rear yard <br />caused in whole or part by the encroachment into the City's rear yard right-of-way/drainage and <br />utility easement(s). <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br />maintain the drainpipe within the City's rear yard right-of-way/drainage and utility easement. <br />5. Landowners may not replace the drainpipe City's rear yard right-of-way/drainage <br />and utility easement(s) if the drainpipe is damaged more than fifty percent (50%) of its fair <br />market value, as measured immediately prior to the damage. <br />6. The City may direct removal of the drainpipe at the Landowners' sole cost and <br />expense, upon thirty (30) days written notice if the City determines that the drainpipe interferes <br />with said use. City's use of easement or it may cause upstream problems or property damages or <br />if Landowners has failed to comply with any City requirements associated with the <br />encroachment. if the removal is not completed by Landowners within the time prescribed, the <br />City may remove the encroachment at Landowners' expense and Landowners agree that the City <br />may collect the costs of such removal as a special assessment against the property. Landowners <br />specifically waives the requirements for public hearings associated with any assessment. <br />0) <br />