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construction, work or activity will not interfere with the City's easement granted
<br />herein; PROVIDED, IIOWEVEII, Any changes or revisions in the plans shall also be
<br />subject to City's prior ngreement. The City's review of the Grantor's plans under
<br />! this ensement shall 'lot be deemed to impose any duty or obligation on the City to
<br />determine the adequacy or sufficiency of Grantor's plans and designs nor whether
<br />1 Grantor's construction, work or activity is in conformance with other applicable
<br />plans, codes and regulations. further, agreement by the City to such construction,
<br />jwork or activity shall not In any manner be considered as imposing any obligation,
<br />duty or liability upon the City ns to the safety or propriety of such construction,
<br />work or activity.
<br />3. Grantor hereby nuthorizes City to cut, trim and remove any and all
<br />brush, trees, other vegetation or debris upon the ensement find the right of access
<br />for such purposes. Grantor also authorizes the City to curt, trim and remove any
<br />and nil brush, trees, other vegetation and debris on Grantor's property which, in the
<br />City's rensonnble judgment, constitutes a hnznrd to the easement and the right of
<br />necess for such purposes.
<br />4. The Grantor agrees that title to all brush, trees, other vegetation or
<br />debris trimmed, curt and removed from the casement pursuant to this Agreement,
<br />and culso all brush, trees, other vegetation or debris trimmed, cut and removed from
<br />Grantor's land pursuant to this Agreement is vested in the City, and that the
<br />consideration paid for conveying snid casement and rights herein described is
<br />accepted as full compensation for all damages incidentnl 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 ensement without first having obtained the written
<br />approval of the City Engineer, the Grantor shall tense nil such activity and remove
<br />any and all improvements placed thereon without the written agreement of the
<br />City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby
<br />authorizes the City to remove any and nil improvements placed or constructed
<br />thereon and hold the City, its officers, employees and agents harmless from
<br />damage caused to said improvements from removal thereof. Grantor further
<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 at law
<br />or in equity.
<br />G. 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 and claims, 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 nccount of or out of Grantor's
<br />iuse or activity on/in the nbove-described easement- Provided, however, this
<br />I paragraph does not purport to indemnify the City agninst liability for dnmages
<br />arising out of bodily injury to persons or damages to property caused by or resulting
<br />from the sole negligence of the City, its officers, employees find agents.
<br />I) 7. The Grantor also covenants to nncl with the City that Grantor is
<br />lawfully seized and possessed of the land aforesaid; has it good and ;awful right find
<br />power to sell and convey same; that same' is free and clear of encumbrances,
<br />except as above Indiented; and that Grantor will forever warrmlt and defend the
<br />I� title to said easement and the quiet possession thereof against the Inwltd claims
<br />II
<br />and demands of all persons whomsoever.
<br />EASEMENT -2
<br />861101zo,�x0 VOL. 2( 08)PAGE2181 ,
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