124 W INTERCITY AVE 2016-01-01 MF Import

I��1��1 `►FIl 4. The Grantor agrees that tifle to all brush, trees, other vegetation or debris himmed, 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 City, and that the consideration paid for conveyeng said easement and rights herein described is accepted as full compensation for all damages incidental to the exercise of any of said righu. 5. In d�e event Grantor places any improvements on or in the easement or constructs anything within the easement without fust having obtained the written approval of the City Engineer, the Grantor shall cease all snch activity and remove any and all improvements placed therein without thc written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or constructed iherein and hold the City, its officers, employees and agents harmless from damage caused to said improvements f*om removal thereo£ Grantor fuither agrees to pay the City for any and all costs incurred by the City in removing the improvements. This right is in addition to :ny other right the City may have at law or in equity. 6. Grantor does release, indemnify and promise to defend and save harmless the City, its o�cers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, emplo�ees and agents in defense thereof, asseRing or arising directly or indirectly on accoun[ of or out of Grantor's use or activity within the above-described easement. "fhis pazagraph does not purpoR to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents; provided, that if the claims or damages aze caused 3 990�fl8��