1000 INDUSTRY ST 2018-01-02 MF Import

'"�AS�MENT `--�l:��'Cl�e Grantor agrees that title co all brush, trees, other vegetation or debris trimmed, cut �nd.•remtiveci:fmm �e easement pursuant to this Agreement, and also all Urush, trees, other •vc�etaiion or tl;ebris trimmed, cut and removed from Grantor's land pursuant to this Agreement'is vasted ip"th�'•City, and that ilie considera[ion paid for conveying said easement and rights�;liereiti desCrib.ed'�is accepted as Cull compensation for all damages incidental to the exercise of any�ofFaid•riglits:., 5, In the.e9en[`Graritor.'plaGes�any improvements on or in the easement or conscmcu anyd�ing within ihe�easefiienC'without firsi havinr. obtained thc written approval of the City Engincer, dte Grnntor 'sh,ti}I'.ccase,all such activi:� and remove any and all improvements placed tl�erein without the �yritteriagrecinenc`of llie Ciry Engineer. In the event Grantor fails to obtain prior approval, Gtantor.- hcreby��auU�orizes the Ciry to remove any and all improvcments placed or conswctccY�therein ancl•fiiold�'tt�e City, its o�cers, cmployees and agents harailess from damage caused to said.imptoveme¢ts from rcmoval thereof. Grantor furtl�cr agrees to pay d�c City for any��nd al4•ci�sts. iiicurred by the City in removing the unprovemen�s. This right is in addition to'Sny otfier,.cjghhthe City may have at law or in • ' '•...-•'� � equity. :`,........., 6. Grantor does relear.e, indemnify and promise td defend and save harmless the City, its officers, employees and agents from and a�;ainsE, any. •and'.dll..fiiability, loss, da�mage, expense, actions and daims, including costs and reas�na6Te�at`tomey's.•f4es incurred by the City, its officers, employees and agents in defci.vse fl�ereof; a.sseiting:or,,a�ising directly or indirecdy on account of or out of Grantor's use or activity`'�Xittiin,.Fhe; abbve-described easement. Tliis paragraph does not purport to indemnify the Ciry agaituf liahility foE damages arising out of bodily injury to persons or damages to property caused by pfresutting from the sole negiig�nce of the Ciq�, its officers, employees and agents; providcd, tha['if tk�e`�I�im� or 3 ..... ,.