8020 BEVERLY LN 2016-01-01 MF Import

5. in Lhe event Grantor places any inprovements on the ea�ement or constructs a�ything on Che easement wlthout first having obtained the written approval of t,ie City Engineer, the Grantor shall cease all such activity anJ remove any and all improvements placed tl�ereon wlthout tl�e written agreement of the City Engineer. In the event GranLor fails to obtain prior approval, Grantor hereby authorizes tlie City to remove any and all improvements placed or constructed thereon and hold tlie City, its officers, employees and agents harmless from damage caused to said improvements from removal thereof. Grantor further agrees Lo pay the City for any and all costs incurred Liy Clie City in remnving the improvements. This right is in addition to any other right the City may have at law or in equity. 6. Grantor does release, indemnify and promise to deFend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees end agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity on/in the above-described easement; provided, however, this paragraph does not purport to indemnify the City against liability for damage� arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents. 7. The Grantor also covenants to and with the City that Grantor is lawfully seized and possessed of tlie land aforesaid; has a good and larful right and power to sell and convey same; that same is free and clear of encunbrances, except as above indicated; and thaE�Grantor will forever warrant and deFend the title to said easement and I:he quiet possession thereof egainst the lawful claims and demands of all persons whomsoever. B, Grantor agrees that the rights and obligations of the Grantor and City shall inure to tlie benefit of an� be binding upon their respective heirs, successors and assigns. EASEMENT - 3 c��s� �j{�j�3�::� �i� t; t-� r , 0 voi. 232�i�a�E:� J�,E;