126 W INTERCITY AVE 2016-01-01 MF Import

EASEMENT 4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut and removed from the easement pursuant to this Agreement, and also all brush, �ees, other vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is vested in the Cih�, and thaz the consideration paid for conveying said easement and rights herein described is accepted as full compensation for all damages incidental to the exercise of any of said rights. 5. In the event Grantor places any improvemenu on or in the easeme� t nr constructs anything within the easement without fust having obtained 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 Ciry t:ngineer. In the event Grantor fails to obtair prior approval, Grantor hereby authorizes the Ciry to remove any and all improvements placed or constructed therein and hold the City, its officers, empioyees and agents hazmless frem damage caused to said improvements from removal thereof. Grantor fiu�ther agrees to pay the City for any and all costs incurred by the City in removing the improvaments. 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 City, its officers, employees and agents fr�m and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attomey's fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising d'uectly or indirectly on account of or out of Grantor's use or activity within the zoove-described easement. This paragraph does not purpoR to indemnify the C:ty against liability for damages arising out of bodily injury to persons ur d�unages to property caused by or resulting from the sole negligence of die City, its o�cers, emp�oyees and agents; provided, that if the claims or damages aze caused 3 990�08��rt