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<br />2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br />of the City's interest in Outlot A. <br />3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to <br /> <br />defend, indemnify and hold the City harmless from all costs and expenses, claims and liability, <br /> <br /> <br />including attorney fees, relating to or arising out of the grant to Landowners of permission to <br /> <br /> <br />encroach into the City's property. Landowners further agree to indemnify and hold the City <br /> <br /> <br />harmless from any damage to the fence and landscaping caused in whole or part by the <br /> <br /> <br />encroachment into the City's property. <br /> <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> <br /> <br />maintain the fence and landscaping in the City's property. <br /> <br />5. Landowners may not replace the fence and landscaping in the City's property if <br /> <br />they are damaged to more than fifty percent (50%) of their fair market value, as measured <br /> <br />immediately prior to the damage. <br /> <br />6. The City may direct removal of the fence and landscaping, at the Landowners' <br /> <br />sole cost and expense, upon thirty (30) days written notice if the City determines that such fence <br /> <br /> <br />and landscaping should be removed from City property. <br /> <br />7. This Agreement shall run with the land and shall be re <br /> <br /> <br />the Subject Property. <br /> <br />..--- <br />./ <br /> <br />CITY OF CENTERVILLE <br />By: <br /> <br />Mary Capra, Mayor <br /> <br /> <br />By: <br /> <br />Dallas Larson, City Administrator <br /> <br />2 <br /> <br />20 <br />