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<br />� construcdon, wo�k or act(viry wtll not inter[e�e with the Ctty's eesemmt granted
<br />herein; PROVIDED, HOWEYER, Any changes or revisions in the pleaq shall elyo be
<br />subject to Ctty's prior egreemenQ The Chy's review ot the Grantor's p]ens under
<br />this easement shell not be deemed to Impose eny duty o� obligatton on the City to
<br />�� determine the adequecy or sufflcfency ot G�entor's lens
<br />P and daigns nor whether
<br />I GrantoPs construction, work or ectivitq Is in conformence wlth other appllcable
<br />Plans, codes and regWsttons. Further, agreement by the Ctty to such construction,
<br />wo�k or activity sbaA not In eny menner be c�oruidered as tmposing eny cyitge�ton,
<br />ducy or llabIDty upon the City es to the sefety or p�op�tety of such construction,
<br />work or ect[viry.
<br />3• Grento� hereby authorizea Clty to cut, tt(m and remove any and ell
<br />brush, trees, other vegetetlon or debrLt upon the eesement end the r(ght ot ecens
<br />for such putposeq, Gren[a� al;a euthoriza the City to wt, 4im and remove any
<br />end all brush, trees, other vegetetton end debrts on Grantor's property which, in the
<br />Clty's reesonabk judgment, constltutes n hezard to the eesement and the right o[
<br />access for such purposes,
<br />4. The Grantor egrees thet t(tle to ell brush, trees, other vegetation or
<br />I debris trtmmed, cut and removed trom the eesement pursuent to this Agreement,
<br />end also ell brush, ttees, other vegetetion or debris Nimmed, cut end removed trom
<br />(3�entor's land pursuent to this Agreement Is vested In the City, flnd that the
<br />� consideration paid [or conveyfng seid eesement and rights herein described is
<br />eccepted as tull compensatton tor ell dflmeges incidental to the exerefse of eny ot
<br />sald rights.
<br />5• tn the event G�antor plscea eny improvemer.ts on the eesement or
<br />constructs enythtng on the eesement wlthout first heving obteined the wrttten
<br />approvel o[ the City Engineer, the Crantor shall ceese ell such ectivity and remove
<br />e�y end ell Improvements pleced thereon without the written agreement of the
<br />Clty Engineer. In the event Granto� (ails to obtain prior epproval, Grantor hereby
<br />euthortzes the C(ty to remove any and all improvements placed or constructed
<br />thereon end hold the City, its officen, employees and agents hflrmiess trom
<br />demage caiaed to said improvements trom removel the�eo[. Grentor tutther
<br />egrees to pay the City for eny and all costs Incurred by the City in removing the
<br />improvemants, This right fs in addition to any other right the Clty may have et ]ew
<br />or in equity.
<br />8. Grentor does release, indemnity end promise to defend and save
<br />tw'mlesa the City, iLa o[ftcers, employees end egents f�om and agalnst eny and all
<br />uAbil[�Y, 1oss, damflge, ezpense, act(ons and claims, Including costs end reesonable
<br />atto�ney's [ees (ncur:ed by the City, Its officers, employees end agents tn defense
<br />thereot, asserting or erising directly or indirectly on aecowt ot o� out of Gtantor's
<br />uee or ecttvity on/In the above-described eesement; provided, However, this
<br />paragraph does not purport to indemntfy the Cfty against ltebillty [cr demages
<br />nrising out of bod(ly injury to persons or damflges to property cflused by or resulting
<br />Irom the sote negligence of the City, its olt[cers, employees end egents.
<br />7. The Granto� also covenents to end with the City thet Grantor is
<br />lflwfully selzed end possessed of the lend aforesatd; hes a good and lewtul right and
<br />power to sell flnd convey same; thflt seme is t�ee end cleer ot encumbrances,
<br />except as above Indicated; end that C�entor will to�ever wer�ant and defend the
<br />t(tle to said easement end the qufet possession thereof against the lewtul clflims
<br />end demands ot all penons whomsoever, ezcept as noted in Exhibit 8 Title
<br />Report of February 26, 1986.
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