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<br />2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br /> <br />of the City's interest in the easement or city property. <br /> <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 />including attorney fees, relating to or arising out of the grant to Landowners of permission to <br /> <br />encroach into the City's easement and adjoining property. <br /> <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> <br />maintain the trees and landscaping on the City's easement and adjoining property. <br /> <br />5. Landowners shall maintain the landscape and trees at its sole cost and expense. <br /> <br />6. The City may direct removal of the landscape and trees, at the Landowners' sole <br /> <br /> <br />cost and expense, upon thirty (30) days written notice if the City determines that the landscape <br /> <br /> <br />and trees interfere with City's intended use of its easement or adjoining property. <br /> <br /> <br />7. This Agreement shall run with the land and shall be recorded against the title to <br /> <br /> <br />the Subject Property. <br /> <br />CITY OF CENTERVILLE <br />By: <br /> <br />Mary Capra, Mayor <br /> <br />By: <br /> <br />Dallas Larson, City Administrator <br /> <br />JACKSON COMMERCIAL, LLC. <br /> <br />By: <br />Paul Keleher, Chief Manager <br /> <br />By: <br /> <br />2 <br /> <br />;j <br />