2021/03/31 Council Agenda Packet

HOWEVER, any changes or revisions in the plans shall also be subject to the City Engineer's prior approval, which approval shall not be unreasonably withheld, delayed, or conditioned. The City's review of the Grantor's plans under this Agreement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or alteration is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such construction, work or alteration shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction, work or activity. 3. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, other vegetation or debris upon the Easement Area and the right of access for such purposes when needed for the City's use of the Access Easement. To the extent that the City identifies brush, trees or other vegetation and debris on Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the Easement Area and the right of access for such purposes, the City shall notify the Grantor and request that Grantor remove the hazard or authorize the City to do so. In the event of a disagreement as to the existence of a or as to what method may be used to remove the hazard, the parties shall resolve the disagreement pursuant to the dispute resolution provisions set forth below. 4. In the event Grantor places any improvements within the Easement Area which affect the City's use of the Access Easement without first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or constructed therein and hold the City, its officers, employees and agents harmless from damage caused to said improvements arising out of or related to their removal. Grantor further 104889618.6 0073013-00042