|
" • construction, work or nctivity will not intertere with the City's ensemenl grnnted
<br /> here;n; PROVIDLD, HO�VEVER, Any changes or revisions in the plans shnll i�lso be
<br /> I subJect to City's prior agreement. Tf•e City's review of the Grantor's pinns under
<br /> this easement sha!I not be deemed to im�ose any duty or obligntion on thr City to
<br /> Idetermine the odequncy or sufticiency of GranteNs plans nnd designs nor whethcr
<br /> I Grantor's construction, work or netivity is in contormance with other npplicable
<br /> Q1uns, cudes nnd regulntions. Furthcr, r_greement by [he City to such construction,
<br /> work or ectivity shnll not in nny mnn.ner be considered ns imposin�; any obligntion,
<br /> duty or liability upon the City as to the sniety or propriety of such construction,
<br /> work or netivity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove nny mid all
<br /> brush, trees, other vegetation or debris upon the easement nad the right of ac�ess
<br /> for such purposes. Grantor ailso authorizes the City lo cut, trim and �ernovc nny
<br /> nnd all brush, trees, other vegetation and debris on Grantor's property which, in the
<br /> City's rensonnble judgment, constitutes a hazard to the ensement nnd the right of
<br /> nccess tor suci� purposes.
<br /> 4, The Grantor agrees that title to all brush, trees, nther vegetation or
<br /> debris trimmed, cut and reR,oved fror the easement pursunnt �:o this Agreement,
<br /> and aLso nll brush, trees, uther vegetation or debris trimmed, cut and removed (rom
<br /> Grantor's land pursunnt to this Agreement is vested in lhe City, and thnt the
<br /> consideration paid for conveying said ensernent nnd rights herein described is
<br /> a�cepted ns tutl compensation for all damages incidentnl to the exercise of any of
<br /> said rights. i
<br /> 5. In the eve�it Grnntor places uny improvements an the eosement or ;
<br /> constructs anything on the ensement without first having obtained ihe written
<br /> approvxl ot the City En�ineer, the Grnntor shall cease all such +:etivity and reinove
<br /> any ruid nll improvements pinced thereon without the written ngrcement of the
<br /> CitV Engineer. In the event Grnntor fttiL; to obtnin prior oppro��nl, Grnntor hereby
<br /> autho^izes the City to remov2 an,y nnd nll improvemenls placed or constructed
<br /> thereon nnd hold the City, its o[ficers, employees and �genls harmless from
<br /> � damage enused to said improvements from removul tiiereo[. Grantor further
<br /> egraes to pay the City for any nnd cill costs incurred by the City in removing the
<br /> Improvements. This right is in addition to nny other ri;ftt tlie City rnay hnve at lnw
<br /> or in equity.
<br /> 6. Grnntor does release, indemnify and promise tu defend nnd snve
<br /> harmless the City, its o[ficees, employees and agents from and �gninst �ny and all
<br /> liability, loss, dnmage, expense, netions und claims, including costs nn� reasonnble
<br /> uttorney's fees incurred by the City, its officers, employees an9 agents in detense
<br /> thereot, nsse:ting or Arising directly or indirectly on account o[ or out of Grnntor's
<br /> use or activity on/in the above-described ensement; Proviced, Ilowever, this
<br /> parngraph does not purport to indemnity the City ngainst linbility for dnmages
<br /> arising out oC bodily injury to persons or dmm�ges to property ca ised by or resulting
<br /> trom the sole negligence of the City, its otCiccrs, employees and ogents.
<br /> 7. 'Che Crnntor �lso covennnls to and with the City thut Grnntor is
<br /> lewfully seized und possessed of the land n(oresaid; has n good nnd lawful right nnd
<br /> power to sell nnd convey same; thnt snme is free and clenr of encumbrances,
<br /> exezpt as abeve indicated; end that Grnntor will forever warri�nt ❑nd defeiid the
<br /> title to snid ensement and the quiet possession thereof against the Inwful clnims
<br /> and demnnds of all persons whomsoevr_r.
<br /> .-
<br /> �n er�rN� -z .� =�U 0 � 9 -va��� r.,. -1=1�
<br /> VUL 19�I9PAGE2`�36
<br />
|