1101 INDUSTRY ST 2016-01-01 MF Import

� ' 200508231150.003 EASF.biENT 4. The Grantor agrces Ihat title to all brush, trees, othcr vegetation or debris himmed, cut arxl removed from the easemeot pursuant to this Agrvemcnt, and also all brush, trees, oU�er vegetation or debris trunmeci, cut and removed from Gtantor's land pursuant to this Agrcement is vested in the City, and that thc consideradon paid for conveying said easement • and rights herein described is accepced as full compcnsation for all damages incidental to [he � exercise of any of said rights. � 5. In tLe event Gtantor placcs any improvements on or in the easement or coastructs ! anything within the eascmcnt wit}tou[ first having obtaineci the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineec In the event Grantor faiis to abtain prior approval, Grantor hereby authorizes the City to remove any anci all � improvements placed or consweted therein and 6o:d the City, its offcers, employces and agcnts harmlcss from dam�ge caused to said improvcments from removal thereof. Grantor further agrees to pay Ihe City for any and all costs incwred by tlie City in removing the improvemcnts, This right is in addition to any other right the City may lwve at law or in equity, 6. Grantor does release, indemnify and prornise to defend and save harniless the City, ils officers, employees and agcnts hom and against any and all liability, loss, dam�ge, expense, actions and clauns,.including cosrs and reasonabie auorney's fees incuaed by the : � City, its officers, employees and agents in defensa thereof, asserting or arising directly or ' f indirecdy on account of or out of G,antor's use or activity within the above-described , , easement. This paragraph docs not purpor[ to indemnify the City against IiaLility for datnages - , arising out of bodily injury to persons or damages to property caused by or resuiting from the sole negligence of�he City, i� officers, employees :uid agents; provided, that if tlie clauns or 3 ��