2300 KASCH PARK RD STORAGE MAINT 2016-01-01 MF Import

EA.SE1Vt�NT 4. The Grantor agrees that title to all �rush, trces, other vegetation or debris trimmed, cut and removed frcm the easement pursaan[ to this Agreement, and also all brush, trees, other vegetation or debris trimmed, cut ar.d removed fr,m Grantor's land pursua*�t to this Agreement is vested in the City, 1r�.1 that the consideration paid for conveying said easement and rights herein described is accepted as full compensation for all damages incidental to the Iexercise 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 obtain,:d the writ[en approval cf [he Ciry Engineer, the Grantor shai] cease all such activiry and remove any and all ir.�provements placed therein withour. the �vrieten agreement of the City Engineer. ?n the event Grantor fails to ohtain prior approval, Grantor hereUy authorizes the City to remove any and all improvements placed or constructed therein and hold the City, its officers, employee� and agents harmless from damage caused to said improvements from re,:�oval thereof. Grantor fiirther agrees to pay the City f�r any and all costs incurred by the City in removing the improveme�ts. This right is in addition to any other right the City may have at law or in equity. 6. Grantor does release, indemnify and promise to defend and save harmless the Ciry, its o�icers, en!.ployees and agents frora and against any and all ]iability, loss, damage, expen;e, actic;is and claims, including costs and reasonable attorney's fees incurre3 by the Ciry, its of#;cers, emplo}�ees and agents in defense thereof, asserting or arising directly or indirect;y on acc�unt of or out of Grantor's use or activiry within the above-described easemen[. Tii�� paragraph does not purpon to indemnify the Ciry against liabiliry for damages arisiag out of bo�lily injury to persons or damages to propercy caused by or resulting from the sc:e negii�ence oF th:; Citv, its vi.`:_ers, employees and agents; provided, chat if the claims or 3 � � �� 9 � U91 � 40Y82 �'� y