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<br /> , ' construction, worfc o� ectivity will not interfere with the City's easement granted
<br /> hereln; PROVIDED, HOWEVER, Any changes or revisions in the plens shall also be
<br /> subject to Ctty's prior egreement. The City's review of the Grentor's p4tns under
<br /> � II this easement shall not be deemed to impo�e any duty or obligation on the City to
<br /> determine the adequacy or su[ficiency of Grantor's plans and designs nor whether
<br /> Ij Grentor's construcUon, work or activity is in canformence with other applteable
<br /> plans, codes end regulations. Further, agreement by the City to such construction,
<br /> work or activity shall not in any menner be considered es imposing any obltgation,
<br /> duty or IIabiIIty upon the City es to the safety or propriety of such constructioo,
<br /> work or activity.
<br /> i3. Grantor hereby authorizes City to cut, trim and remove any and all
<br /> brush, trees, other vegetation or debris upon the easement and the right of eccess
<br /> for such purposes. Grentor aLso authorizes the City to cut, trim and remove any
<br /> and all brush, trees, other vegetation and debris on Grantor's property which, in the
<br /> CIty's reasonable judgment, constitutes a hezerd to the eesement and the right of
<br /> access for such purposes.
<br /> 4. The Grantor agrees that title to all brush, trees, other vegetatio� or
<br /> debrts trimmed, cut and removed from the easement p�suent to this Agreement,
<br /> and also all brush, trees, other vegetation or debris trimmed, cut and removed from
<br /> iGrantor's lend pursuent to this Agreement is vested in the City, and that the
<br /> iI consideration paid for conveying said eesement and rights herein described is
<br /> accepted as full compensation for ell damages incidental to the exercise of any of
<br /> said rights.
<br /> I 5. In the event Grantor places any improvements on the easement or
<br /> � constructs anything on the easemenk without first having obtained the written
<br /> � epproval ot the City Engineer, the Grantor shall cease all such activity and remove
<br /> !I any and all improvements placed thereon without the written agreement of the
<br /> I City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby
<br /> � authorizes the City to remove eny and all improvements placed or constructed
<br /> � thereon end hold the City, its officers, employees and agents harmless from
<br /> i damage caused to said improvements from removal thereof. Grantor further
<br /> I agcees to pay the City for any end all costs incurred by the City in removing the
<br /> � improvements. This right is in addition to any other right the City may have at law
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<br /> � or in equity.
<br /> 6. Grantor does release, indemnify and promise to defend and save
<br /> harmless the City, its officers, employees and agents from end egainst any and all
<br /> liability, loss, damage, expense, actions and claims, including costs and reasonable
<br /> attorney's fees incurred by the City, its officers, employees and egents in defense
<br /> thereof, asserting or arising directly or indirectly on account 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 /> arising out of bodily injury to persons or damages to property caused by or resulting
<br /> ifrom the sole negligence of the City, its officers, employees and agents.
<br /> j 7. The Grantor also covenents to and with the City that Grantor is
<br /> � lawfully seized and possessed of the land aforesaid; has a good and lawful right end
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<br /> ; power to sell and convey same; that same is free and clear of encumbrances,
<br /> iexcept as above indicated; and that Grantor will forever warrant and defend the
<br /> title to said easement and the quiet possession thereof against the lawful claims
<br /> iand demands of all persons whomsoever.
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<br /> EA EMENT —2
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