Laserfiche WebLink
<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 agree <br /> <br /> <br />to indemnifY and hold the City harmless from any damage caused to the Subject Property as a <br /> <br /> <br />result of maintenance of the City's right of way/drainage and utility easement(s), including any <br /> <br /> <br />damage to the retaining wall 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 /> <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br /> <br /> <br />maintain the retaining wall in the City's right of way/drainage and utility easement(s). <br /> <br /> <br />5. Landowners may not replace the retaining wall in the City's right of way/drainage <br /> <br /> <br />and utility easement( s) if the retaining wall is tlamaged to more than fifty percent (50%) of its <br /> <br /> <br />fair market value, as measured immediately prior to the damage. <br /> <br /> <br />6. The City may direct removal of the retaining wall, at the Landowners' sole cost <br /> <br /> <br />and expense, upon thirty (30) days written notice if the City determines that the retaining wall <br /> <br /> <br />will 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 />