2531 COLBY AVE 2016-01-01 MF Import

GASF.MI:NT 4. The Grantor agrees that title to all brush, trecs, other vegetation or debris trimmed, cut I and removed from the easement pursuant to this Agreement, and also all brush, trees, other vegetation or debris trinmied, cut and removed from Grantor's land pursuant to this Agreement is vcsted in the City, and tl�at the considcration paid for conveying said easement and rights herein described is acccpted as full compensation for all damages incidental to the e;:ercise of any of said rights. 5. In the event Grantor places any improvements on or in the easement or conswcts anything within the easetnent w�thout Grst Uaving obtained the written approva] of the Cit7� �ngineer, the Grantor shall cease all such activity and rema�-c any a.id all improvements placed therein �vithout the written agreement of the City Gngincer. In the event Gra�itor fails to oUtain prior approval, Grantor hereby auQ�orizes the City to remove any mid all improvements placed or constructed thercin and hold ;lie City, its officers, employees and �igenis harniless from darnage caused to said improvcments from removal thereof. Grantor furih��r agrees to pay the Ciry for any and all costs incurred Uy the City in removing the improvements. This rigl�t is in additicn to any other right the City may have al la�v or in cyuity. G. Grantor docs release, indemnify a�id promise to defend and �ave harmless the City, its ot'licers, employces and agenls from aud against an} a��d all liability, 1oss, damage, expcnse, actions and claims, iucluding costs and reasonable attomey's fees incurred by the City, its of7icers, employces and agents in defcnse tlicreof, asserting or arir,ing direcUy or indirectly on account of or out of' Grnntors use or activity within the abovr-described easement. This paragraph does not purport to indcnmify the City against liability ;or damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, cmployees a�id agents; providcd, that it�the claims or damages am causcd by or result from the concurrcnt negligence of(a) the Grantor, its agents, successors or assigns, � 3 �;_�