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<br />_ _ { Deleted: 1 <br />I maintain the Structure in the City's easement. "--___m__________uum___m_m_____________uum___u______uu----- <br /> <br />5. Landowners may not replace the Structure in the City's easement if the Structure <br /> <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 /> <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 Landowners will provide City with a Certificate of <br />Insurance indicating liability coverage of $1 million and naming City of Centerville as additional <br />insured]. Landowners further agree to indem:ni:tY and hold the City harmless from any damage <br /> <br />caused to the Subject Property as a resuh of maintenance of the City's easement, including any <br /> <br />damage to the structure caused in whole or part by the encroachment into the City's easement. <br />4. <br /> <br />The City does not warrant title or guarantee the contimling right of Landowners to <br /> <br />is damaged to more than :fifty percent (500AJ) of its fair market value, as measured immediately <br /> <br />prior to the damage. <br />6. The City may direct removal of the Structure, at the Landowners' sole cost and <br /> <br />expense, upon thirty (30) days written notice if the City determines that the Structure will <br /> <br />I interfere with City's use of the easement or it may cause upstream problems or prQpeItv dlJlT1a~e <br />or if Landowner has failed to comply with any city requirements associated with the <br />encroachment. If the removal is not completed by Landowner within the time prescribed, the <br />City may remove the encroachment at Landowner's expense and Landowner agrees that the City <br />may collect the costs of such removal as a special assessment against the property. Landowner <br /> <br />specifically waives the requirement for public hearings associated with the assessment. <br />7. This Agreement shall run with the land and shall be recorded against the title to <br />the Subject Property. <br /> <br />2 <br /> <br />,VJ <br />