|
1 '.
<br /> construction, work or activity will not interfere with the Cit,y's eusement granted
<br /> hcrein; PROVIDED, HOWEVER, Any changes or revisions in the pinns shall aLso be
<br /> sabject to City's prior agreement. The City's review of the Grantor's plons under
<br /> this easement shall not be deemed to impose any duty or obligntion on the City to
<br /> determine the edequncy or sutficiency of Granter's plans nnd designs nor whether
<br /> Grantor's construction, work or activity is in conformance with other npplicable
<br /> pinns, codes and regulntions. Further, ngreement by the City to such construction,
<br /> work or activity shall not in any manner be considered ns imposing any obligntion,
<br /> duty cr liability upon the City as to the sufety or propriety of such construction,
<br /> I work or ectivity.
<br /> 3. G�•antor hereby authorizes City to cut, trim nnd remove ar,y and ull I
<br /> �: brush, trees, other vegetution or debris upon the ensement �nd the right of access
<br /> for such purposes. Grantor olso nuthorizes the City to cut, trim and remove any
<br /> und all brush, trees, other vegetntion end debris on Grantor's property which, in the
<br /> City's reasonable judgment, constitutes a hazard to the ensement nnd the right ot
<br /> access for such purposes.
<br /> 4. T5e Grantor agrees thnt title to all brush, trees, other vegetntion or
<br /> debris trimmed, cut end removed from the ensement pursunnt to this A�reement,
<br /> and elso all brush, Lrees, other vegetntion or debris trimmed, cut. and removed from
<br /> i
<br /> Grantor's lend pursuant to this Agreement is vested in the City, end thnl the
<br /> consideration paid for conveying snid ensement nnd rights hcrein described is
<br /> accepted as full compensettion for ell damages incidental to the exercis. of �ny of
<br /> said rights.
<br /> 5. In the event Grantor pinces nny improvements on the ensement c�
<br /> constructs an!�thing on the ensement without first hnving obtained the written
<br /> approval of the City Engineer, the Grnntor shall cease nll sueh ectivitv nnd remove
<br /> any and all improvements placed thereon without the written agreernent of the
<br /> City Engineer. In the event Grni�tor [ails to obtain prior nppravnl, Gruntor hereby
<br /> authorizes the City to remove ❑ny nnd nll improvements placed or constructed
<br /> thereon and hold ihe City, its oflir.ers, employees nnd agents h�„ mlesti from
<br /> damage caused to said improvements from reiaovt:.l thereoL Crnntor further
<br /> ngrees to �ay the City for'any nnd nll costs incurred by the City in removin€� the �
<br /> improvements. This right is in addition to any other right the City may hnve +it lnw
<br /> or in equity.
<br /> 6. Granfor does rc�leuse, indemnify and promise to defend nnd sove
<br /> harmless the City, iis o[ficers, employees and ngents from nnd ogninst ❑ny nnd nll
<br /> liability, loss, damage, expense, actions nnd claims, including costs and rensonnble
<br /> attorney's ;ees incurred by the City, its otficers, employees nnd ngents in defense
<br /> thereof, asserting or nrising directlp or indirectly on account oC or out of Crantor's
<br /> use or activity on/in the nbove-described easement; Provided, 1{owever, this
<br /> parngraph does not purporf to indemnify the City ngainst linbility fo^ dnma�es
<br /> arising out of bodily injury to persons or damages to property enuseu by or resulting
<br /> from the sale negligenee ot the City, its officers, employees and n�ents.
<br /> 7. 'I'he Grnntor also covennnts to and wiih the Citv thnt f;runtor is
<br /> lawfully seized nnd possessed oC the ]nnd nforesoid; hns n good nnd law[ul right nnd
<br /> power to sell and convey same; that snrz,e is free nnd clenr of encumbrnnces,
<br /> except as above indicnted; nnd thnt Grnntor wi❑ forever werrnnt nnd defend thr_
<br /> title to said easement and the quiet possession thereof ngninst the lowful clnims �
<br /> and demands of all persons whomsoevnr.
<br /> EA EMENT -2 VUL .�.9,39FacE1�11�
<br /> � 5 ��� {?�b�
<br />
|