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2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver <br />of the City's interest in the right -of -way /drainage and utility easement(s). <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 right of way /drainage and utility easement(s). Landowners further agree <br />to indemnify and hold the City harmless from any damage caused to the Subject Property as a <br />result of maintenance of the City's right of way /drainage and utility easement(s), including any <br />damage to the fence caused in whole or part by the encroachment into the City's right of <br />way /drainage and utility easement(s). <br />4. The City does not warrant title or guarantee the continuing right of Landowners to <br />maintain the fence in the City's right of way /drainage and utility easement(s). <br />5. Landowners may not replace the fence in the City's right of way /drainage and <br />utility easement(s) if the fence is damaged to more than fifty percent (50 %) of its fair market <br />value, as measured immediately prior to the damage. <br />6. The City may direct removal of the Fence, at the Landowners' sole cost and <br />expense, upon thirty (30) days written notice if the City determines that the fence will interfere <br />with said use. <br />7. This Agreement shall run with the land and shall be recorded against the title to <br />the Subject Property. <br />2 <br />12 <br />