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<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 of permission to <br />encroach into the City's easement [and Landowners will provide City with a Certificate of <br />Insurance indicating liability coverage of$1 million and naming City ofCenterville as additional <br />insured]. Landowners further agree to indemnify and hold the City harmless from any damage <br />caused to the Subject Property as a result of maintenance of the City's easement, including any <br />damage to the structure caused in whole or part by the encroachment into the City's easement. <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br />maintain the StIucture in the City's easement. <br />S. Landowners may not replace the Structure in the City's easement if the StIucture <br />is damaged to more than fifty percent (SOOA.) of its fair market value, as measured immediately <br />prior to the dSlmage. <br />6. The City may direct removal of the Structure, at the Landowners' sole cost and <br />expense, upon thirty (30) days written notice if the City determines that the StIucture will <br />interfere with City's use of the easement. <br />7. This Agreement shall run with the land and shall be recorded against the title to <br />the Subject Property. <br /> <br />CITY OF CENTERVllLE <br /> <br />By: <br /> <br />Mary Capra, Mayor <br /> <br />By: <br /> <br />Teresa Bender, City Clerk <br /> <br />2 <br />