6700 HARDESON RD BASE FILE 2018-01-01 MF Import

EASEMENT 4. The Granror agrxs tLat dtle W all bcush, tras, other vegetadon or debris trimmed, cut and removed from the easement pursuant to this Agreemera, and also all brush, trees, other vegetadon or debris trimmed, cut and removed from Grantor's land pursuam to this Agrament is vested in the Ciry, and tnat the consideration paid for conveying said easement and rigttts herein described is acceptcd as fuU compensation for all damages incideatal to the exereise of any of said righcs. S. In tlx event Grantor places any improvements on or in the easement or constructs anything within the easement wi[hout first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all impmvements placed ttxrein without the written agreemont of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorius the City to roawve any and ail improvements placed or constructed therein and hold the Ciry, its officers, employees and agenu harmless from damage caused to said improvements from removal thereof. Grantor further agrees to pay the Ciry for any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the Ciry may have at law or in �ty• 6. Grantor dces release, indemnify and promise to defend at►d save harmless the Ciry, its o�cers, employees and agents from and against any and all liabiliry, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurrcd by the City, its officers, employees and agenu in defense therrnf, asserting or arising direcdy or indirecdy on account of or out of Grantor's use or activity within the above-described easement. This paragraph does not purport to indemnify the City against liability for daznages 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 3 ��t� � � 2i�80�4 2 �9