1500 INDUSTRY ST 2018-01-01 MF Import

EASEMENT 4. Thc� Grantor agrees that tide to all brush, trees, oiher vegetation or debris trimmed, cut and removed from the easement pursuant to this Agreement, and also all brush, trees, other vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is vested in the Ciry, and that the consideration paid for conveying said easement and rights herein described is accepted as full compensation for �tll damages incidei�tal to the exercise of any of said rights. 5. In the event Grantor places any improvements on or in the easement or constructs anything within the easement withou� first having obtained the written approval of the City Engineer, the Grantor shall cease all such activiry and remove any and all improvements placed therein without the written agreement of che City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the C4ty to remove any and all improvements placed or constructed therein and ttold the City, iLs officers, employees and agents harmless from damage caused [o said improvements from removal [hereof. Grantor fur[her agrees to pay [he City for an,- and all costs incurred by the City in removing the improvements. Tl�is right is in addition to any othzr right [he City ma}' have at law or in equity. 6. Grantor does release, indemnify and promise ro defend and savc harmless tha City, its oPficers, employees and agents from and against any and al] liability, loss, damage, expense, actions and claims, including cos[s and reasonable attorney's fees incurred by the Ciry, its officers, employees and agens in defense thereof, asserting or arising direcdy or indirecdy on account of or oul of Grantor's use or activity within the a�ove-described easement. This paragraph does n7t purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to �,roperty caused by or res��lting from the sole negligence of the Ciry, its officers, employees and agents; provided, that if the claims or �� T - 2062x � 0606 � 8 �