2208 MADISON ST 2016-01-01 MF Import

i construction, work or activity will not interfere with the City's easement granted herein; PROVIDED, HOWEVER, A.ny changes or revisions in the plans shall also be subject to City's prior egreement. The City's review of the Grantor's plens under this eesement shall not be deemed to impose any duty or obligati�n on the City to determine the adequacy or su[ficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such constr��tion, work or activity shall not in any manner ba considered as imposing any obligaition, duty or liability upon the City as to the safety or propriety of such construction, work or activity. 3. Grantor hereby authorizes City to cut, trim and remove any and ell brusti, trees, other vegetation or debris upon ihe easement and the right of access for such purposes. Grantor also anthorizes the City to cut, trim and remove an�• and all brush, trees, other vegetation and debris on Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the easement nnd the right ot access for such purposes. 4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut and removed frorn the easement pursuant to this Agreement, and aLso all brush, trees, other vegetation or debris trimmed, cut end removed from Grantor's land pursuant to this Agreetnent is vested in the City, and that the consideration paid for conveying said easement and rights herein described is accepted as full compensation for all damages incidental to the exercise of any of said rights.. 5. In the event Grantor places any improvements on the easement or constructs anything on the easement without first having obtained the written approval of the City Engineer, the Gran:or shall cease all such activity and r2move any and all improvements plaeed thereon without the written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any arid all improvements placed or constructed thereon and hold the City, its officers, employees and agents harmless from damege caused to said improvements from removal thereof. Grantor further agrees to pay the City for eny and all costs incurred hy the City in removing the improvements. This right is in addition to any other right the City mny have at law or in equity. 6. Grantor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against eny and all liability, loss, damage, expense, nctions and claims, including costs and reesonable attorney's fees incurred by the City, its otficers, empioyees and agents in defense thereof, asserting or arising directly or indireetly on account of or out of Grantor's use or activity on/in the abuve-described easement; Prouided, However, this paragrnph does not purport to indetnnify the City against liability for dam�ges arising uut of bodily injury to persons or dameges to property caused by or resulting from the sole negligence of the City, its officers, employees end ngents. 7. 'the Grantor also covenants to and with the City that Grantor is lawfully seized und possessed of the Innd aforesaid; has a good and lawful right and power to sell and convey same; that sarne is free and clear of encumbrances, except as above indicated; and that Grantor will forever warratit and defend the title to seid easement and the quie4 possession thereof against the lawful elaims and demands of all persons whomsoever. iENT -2 ��s.��:x�. �o�. 200bPASE2185 �