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needed for the City's use of the Access Easement. To the extent that the City identifies brush, <br />trees or other vegetation and debris on Grantor's property which, in the City's reasonable judgment, <br />constitutes a hazard to the Easement Area and the right of access for such purposes, the City shall <br />notify the Grantor and request that Grantor remove the hazard or authorize the City to do so In <br />the event of a disagreement as to the existence of a, or as to what method may be used to remove <br />the, hazard, the parties shall resolve the disagreement pursuant to the dispute resolution provisions <br />set forth below. <br />4. In the event Grantor places any improvements within the Easement Area which <br />affect the City's use of the Access Easement without first having obtained the written approval of <br />the City Engineer, the Grantor shall cease all such activity and remove any and all improvements <br />placed therein without the written agreement of the City Engineer. In the event Grantor fails to <br />obtain prior approval, Grantor hereby authorizes the City to remove any and all improvements <br />placed or constructed therein and hold the City, its officers, employees and agents harmless from <br />damage caused to said improvements arising out of or related to their removal. Grantor further <br />agrees to pay the City for any and all costs incurred by the City in removing the improvements. <br />This right is in addition to any other right the City may have at law or in equity. <br />5. Prior to the City conducting any activity within the Easement Area, such as, but not <br />limited to, maintenance and repair work, it shall notify the Grantor in advance and obtain the <br />Grantor's written approval, which may contain conditions on hours and traffic control, and which <br />written approval shall not be unreasonably withheld or delayed. <br />6. Reserved. <br />7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br />of the Easement Area; has a good and lawful right and power to grant the Access Easement, that <br />the Easement Area is free and clear of monetary encumbrances, and that Grantor will forever <br />3- <br />109715622.3 0073013-00042 <br />