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construction, work or activity will not interfere with 'he City's ease m ent granted
<br />herein; PROVIDED, HOWEVER, riny chanoes or revisions in the plans shall nLso be
<br />subject to City's prior agreement. The City's review of the Grnntor's plans under
<br />this ensement shall not be deemed to impose any duty or obli�ation on the City to
<br />detecmine the adequacy or sufficiency �bf Granter's plans and designs nor whether
<br />Grantor's const;uction, work or netivity is in conformnnce witli other upplicable
<br />pluns, codes and regulations. Further, agreement by the City to such, construction,
<br />work or activity shall not in nr.y mnnner be considered As inposing any obligation,
<br />duty or liability upcn the City ns to the snfety or propr:ety of such construction,
<br />work or nctivity.
<br />3. Grnntor hereby autliorizes City to cut, trim and remove any and all
<br />brush, trees, otlier vegetation or debris upon the easement and the riglit of access
<br />for such purposes. Grnntor nlso nuthcrizes the City lo cut, trim nnd remove nny
<br />and all brush, trees, other vegetation and debris on Grantor's property which, in the
<br />City's reasonable judgment, constitutes a hazard to the easement and the right of
<br />access for such purposes.
<br />4. The Grantor ngrees thnt title to all brush, trees, other vegetation or
<br />debris trimmed, cut and removed from the easement pursunnt to this Agreement,
<br />and also ull brush, trees, otlier vegetation or debris trimrned, cut and removed from
<br />Grantor's land pursuant to this Agreement is vested in the City, and that the
<br />con�iderution paid for conveying saic� easement and rights herein described is
<br />accepted as full compensation for all damnges incidental to the exercise of any of
<br />snid rights.
<br />5. In the event Grantor pluces any improvements on the easement or
<br />constructs anything on the easement without first having obtained the written
<br />approvtil of the City Engineer, the Grantor shall cease nll such activity and remove
<br />any and all improvements placed thereon without the written egreement of the
<br />City Engineer. In the event Grantor tnils to obtain prior approvnl, Gr[tntor hereby
<br />uuthorizes the City to remove nny nnd all improvements pluced or constructed
<br />thereon and hold the City, its officers, employees and agents hurmless from
<br />damege caused to said irnprovements from removnl thereof. Grantor further
<br />agrees to pay the City for any and all costs incurred by the City in removing the
<br />improvements. This right is in uddition to any other right the City may hnve at law
<br />or in equity.
<br />6. Grantor does release, indemnify and promise to defend and save
<br />ihurmless the City, its officers, employees and ugents from and against any and all
<br />� liability, lo�s, damage, expense, actions und claims, including costs and reasonable
<br />uttorney's fees incurred by the City, its officers, empioyees and agents in defense
<br />thereof, asserting or arising directly or indirec[ly on ac�ount of or out of Grantor's
<br />use or activity on/in the above-described easement; Provided, However, this
<br />paragraph does not purport to indemnify the City against liability for damages
<br />I arising out of bodily injury to persons or damages to property enused by or resulting
<br />I� from the sole negligence of the City, its officers, employees and agents.
<br />7. Tlie Grantor also covenants to and with the City that Grantor is
<br />ilatvfully seized and possessed of the lnnd nforesuid; hus u good und lawful right and
<br />i power to sell and convey same; that snme is tree nnd clear of encumbrances,
<br />except as above indicuted; nnd thnt Grantor will forever warrant and defend the
<br />! title to said eusement and the quiet possession thereof agninst the lawful claims
<br />and demnnds of all persons whomsoever , except as noted in Exhibit 6 Title
<br />� Report of February 26, 1986.
<br />iEMENT -2 vo� 1993eacEpg?3
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