1405 SE EVERETT MALL WAY BASE FILE 2016-01-01 MF Import

construction, work or activity will not interfere with the City's ensement granted herein; PROVIDED, HONEVER, Any changes or revisions in the pinns shnll also be subject to City's prior egreement. The City's review of the Grnntor's pinns under this easement shnll not be deemed to iinpose any duty or obligution on the City to determine the adequacy or su[ficiency of Grnntor's plans nnd designs nor whether Grantor's construclion, work or netivity is in contormnnce witl� otlier npplicable plans, codes nnd regulntions. Further, ngreement hy the City to such construction, work or activity shnll not in any mnnner be considered us imposing uny obligation, duty or liability upon the City es to the safe!y or propriety of such construction, work or activity. 3. Grantor hereby authorizes City to cut, trim and remove uny and nll brush, trees, other vegetution or debris upon the ensement und the right of access for such purposes. Grantor also authorizes tlie City to cut, trim and remove nny and all brush, trees, other vegetntion end debris an Grantor's property which, in the City's reesonable judgment, constitutes a hezard to the er�sement and the right o[ access for such purposes. 4. The Grantor egrees that title to all brush, trees, other vegetntion or debris trimmed, cut and removed from the easernent pursuant to this A�reement, and also all hrush, trees, other vegetation or debris triinmed, cut and rernoved from Grantor's land pursuant to this Agreement is vested in the City, nnd tiint tfie consideration paid for conveying snid ensement and rights herein described is accepted as iull compensation for all damages incidentel to the exercise of any of said rights. 5. In the event Grantor places nny improvements on the easement or �onstrucLs anything on the easement without first having obtnined the written approval ot the City Engineer, the Grantor shall cease all such activity mid remove any and ell improvements pleced thcreon witliout the written ngreement of tlic City Engineer. In the event Grnntor fnils to obtain prior npprovnl, (.;rnntor hereby authorizes the City to remove any end nll improvements pinced or constructed thereon and hold the City, its officers, employees and ngents fiurn�less from damage ceused to said improvements trom removnl tliereof. Crantor further agrees to pay the City for any nnd all costs incurred by the City in removing the improvements. This right is in addition to any other right the City mny have at law or in equity. 6. Crnntor does relense, indemnify nnd promisc to defend nnd save hermless the City, its officers, employees and ngents trom rrod against nny nnd nll liebility, loss, damege, expense, actions nnd claims, including costs end reasonnble attorney's fees incurred by the City, its officers, employees nnd agents in defense thereof, asserting or arising directly or lndirectly on account a[ or out of Grentor's use or activity on/in the nbove-described easement; Provided, Iiowever, tiiis paragraph does not purport to indemnify the City pgninst lisbility tor dmm�ges arising out of bodily injury to persons or dnmages to property cuused by or resulting from the sole negligence of the City, its of[icers, employees and egents. 7. The Grentor also covenents to and with the C;ity thnt Grantor is lawtully seized and possessed of the lnnd �toresaid; has tt good «nd lawful right and power to sell and convey same; thet snme is free and clenr ot encumbrances, except as nbove indicated; and thnt Crantor will forever w�rrnnt nnd defend the title to said easement and the quiet possession thereo[ ngninst thc inwful clnims and demands of all persons whomsoevcr. � ,ru� .lEf;?. � r'•' .120$ EA `'MENT -2 � f1�� {� 1 t (1 � �� )