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<br /> construction, work or activity will not interfere witti the City's easement granted
<br /> herein; PROVIDED, H0�9EVEit, Any changes or revisions in the plans shall nlso be
<br /> subject to City's prior agreement. The City's review ot the Grantor's plans under
<br /> this easement shall not be deemed to impose any duty or obligation on the City to
<br /> determine the adequacy or sufficiency o[ Granter's plens and designs nor whether
<br /> Grantor's construction, work or activity is in conformnnce with other applicable
<br /> plans, codes and regulations. Further, agreement by the City to such construction,
<br /> work or activity shall not in nny manner be considered as imposing any obligetion,
<br /> duty or liability upon the City as to the safety or propriety of such construction,
<br /> work or activity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove any and all
<br /> brush, trees, other vegetation or debris upon the ensement and the right of access
<br /> for such purposes. Grnntor also authorizes the City to cut, trim and remove any
<br /> and all brush, trees, other vegetetion and debris on Grantor's property which, in the
<br /> City's reasonable judgment, constitutes a hazard to the easement nnd the right of
<br /> access tor such purposes.
<br /> 4. The Grantor agrees that title to all brusli, trees, other vegetation or
<br /> _ debris trimmed, cut und removed from the eusement pursunnt to this Agreement,
<br /> and also all brush, trees, other vegetation or debris trimmed, cut and removed from
<br /> Grantor's land pursuant to this Agreen:ent is vested in the City, nnd that the
<br /> consideration paid for conveying said easement �nd rights herein described is
<br /> accepted as full comoensation for sll damnges incidental to the exercise of any of
<br /> said rights.
<br /> 5. In the event Grantor places any improvements on the easement or
<br /> constructs anything on the easement without first having obtained the written
<br /> approval of the City Engineer, the Grantor shall cease all such activity and remove
<br /> any and all improvements placed thereon withcut the written agreement of the
<br /> City Engineer. In the event Grantor fai,s to obtain prior approval, Grantor hereby
<br /> authorizes the City to remove any and all irnprovements placed or constructed
<br /> thereon and hold the City, its ofticers, employees nnd agents harmless from
<br /> damage caused to said improvements from removal thereof. Grantor turther
<br /> agrees to pay the City for any and all costs incurred by the City in removing the
<br /> improvements. This right is in addition to any other right the City may have nt law
<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 and against any and all
<br /> liability, loss, damage, expense, actions und elaims, including costs and reasonable
<br /> attorney's fees incurred by the City, its officers, employees and agents 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 easemenh, Provided, However, this
<br /> paragraph does not purport to indemni[y the City ngainst liability for demages
<br /> arising out of bodily injury to persons or dnmages to property caused by or resulting
<br /> from the sole negligence of the City, its ofticers, employees and agents.
<br /> 7. 'Che Grentor aLso covennnts to and with the City that Grantor is
<br /> lawtully seized and possessed ot the land aforesaid; has a good and lawful riqht and
<br /> power to sell and convey same; that same is free nnd clear of encumbrances,
<br /> except as above indicated; and that Grantor will forever warrant and defend the
<br /> title to said easement and the quiet possession thereof against the lawiul claims
<br /> and demands of all persons whomsoever.
<br /> EA$EMENT -2 � �O J V� ( �� fJ � VOL iH��PAGE�j.�j
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