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NOW, THEREFORE, IN CONSIDEIL.TION OF THEIR MUTUAL COVENANTS, <br />THE PARTIES AGREE AS FOLLOWS: <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 side and rear yard to the extent indicated on <br />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). <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 />easernent(s), including any damage to the fence within the side and rear yard caused in whole or <br />part by the encroachment into the City's side ,and rear yard right of wayldrainage and utility <br />easement(s). <br />4. The City does not warrant 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 />casenment(s). <br />5. Landowners may not replace the fence in the City's side or rear yard right of <br />wayldrainage and utility easement(s) if the fence is damaged more than fifty percent (50%) of its <br />fair market value, as measured immediately prior to the damage. <br />E <br />