9320 MEADOW WAY 2018-01-01 MF Import

� .� i ; . � i 5. In the event the Grantoc places any improvements on the easement II or constructs anything on the easement aithout first having obtained the written approval of the City Enginee�, the Grantor shall cease all such i activity and remove any and all improvements placed theceon uithout tht Iwritl•en a9ceement oE the City Engineer. In the event the Gcantoc Eails to obtain p[ioc app[oval, the Gcantor heceby autho[izes the City to remove any � iand all impcovements placed or constcucted theceon and hold the City, its �I officers, employeea and agents hacmless from damage cauaed to said improvementa Erom removal theceof. Grantoc furthec agceea to pay the City Eoc any and all costs incucred by the City in remaving the improvementa. •:his right is in addition to any othec cight the City may have at law oc in eyuity. 6. The Grantoc does release, indemnify and promise to defend and � save harmlecs the City, its officecs, employees and agents fcom and agatnst � � any and all liability, loas, damage, expense, actions and claims, including costs and ceaFonable attorney's feea incurred by the Cily, its officecs, employees and agents in defenae thereof, aesecting or ariaing directly or � indicectly on account of or out of any act or omisaion oE Gcentor, ite I agenta, cont[accora, licenses, inviteea, or employees upon oc within the above-desccibed easement. This paragraph doee not purpoct to indemnify the City againat liability for damagea arising aut of bodily injury to persona i or damages to pcoperty caused by o[ resulting from the sole negligence of the City, its officers, employees and agentsj PROVIDED, that if the claims or damagea ace caused by oc result from the concuccent negligence oE (a) the Gcantor, its agents oc employees, and (b) the City, its officers, employees or agenta, this indemnity pcovision shall be valid and enforceable only to the extent of the negligence of the Granto[, its agenhs or employees. (Foc i I ' example, where the Grantoc is 25! liable, this indemniEication shall extend to 258 of the City's concurcent negligence, if any) . I7. The Grantor also covenants to and with the City that the Grantor Iis lawfully seized and possessed oE the land aforesaid; has a good and lawful right and power to sell and convey same; that same is Eree and clear of encumbrances, except as above indicated; and that the Grantor will I i 3 VOL. ��.c� �1PAGE� �. �� � FORM 2/S iI �`�� 9t� ;4 � "�.