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<br />2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br /> <br /> <br />of the City's interest in the right-of-way/drainage and utility easement(s). <br /> <br /> <br />3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to <br /> <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 right-of-way/drainage and utility easement(s). Landowners further <br /> <br /> <br />agree to indemnifY and hold the City harmless from any damage caused to the Subject Property <br /> <br /> <br />as a result of maintenance of the City's right-of-way/drainage and utility easement(s), including <br /> <br /> <br />any damage to the fence caused in whole or part by the encroachment into the City's right-of- <br /> <br /> <br />way/drainage and utility easement(s). <br /> <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> <br /> <br />maintain the fence in the City's right-of-way/drainage and utility easement(s). <br /> <br /> <br />5. Landowners may not replace the fence in the City's right-of-way/drainage and <br /> <br /> <br />utility easement( s) if the fence is damaged to more than fifty percent (50%) of its fair market <br /> <br /> <br />value, as measured immediately prior to the damage. <br /> <br /> <br />6. The City may direct removal of the fence, at the Landowners' sole cost and <br /> <br /> <br />expense, upon thirty (30) days written notice if the City determines it has a use for the right-of- <br /> <br /> <br />way/drainage and utility easement(s) and that the fence interfere with said use. <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 />2 <br /> <br />26 <br />