128 W INTERCITY AVE 2016-01-01 MF Import

EASEMENT 4. The Grantor agrees that tide to all brush, trees, other vegetation or debris trimmed, cut and remo� �d from the easement pursuant to this Agreement, :md also all brush, trees, other vegetation or debris trimmed, cut and removed &om Grantor's land pursuant to this A�eement is vested in the City, and that the consideration paid for conveying said easement and rights herein described is accepted as full compensation for all damai,es incidental to the exercise of any of said rights. 5. In the event Grantor places ar.y imp ovements on or in the easement or construcrs anything within the easement wlthout fust ha�ing ubtained the written approval of th� City Engineer, the Grantor shall cease all such activi:y and remove any and all improvemenu pla.:ed therein without the wtitten agreement of the Cirr Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes ihe City to remove any and all improvement� placed or consiructed therein and hold the Ciry, its officers, employees and agents hazml�ss from damage caused to said improvements &om removai thereof. Grantor furiher agrees to pay the City for any and all costs incurred by the City in removing the improvements. 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 hazmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and clauns, includiag costs and teasonable attomey's fees incurred by the City, is officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above-described easement. 'I'his pazagraph does not purport to indenuufy the City against liabiliry 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 are caused 3 99��08��