6612 WETMORE AVE BASE FILE 2016-01-01 MF Import

EASEMEIVT 4. The Grantor agrees that tide to all brush, trees, other vegetation or debris trunmed, cut and removed from the easement pursuant to this Agreement, and also all brush, trees, other vegetation or debris trimmed, cut and romoved from Granror's land pursuant to this Agreement is vesud in the City, and that the consideraaon 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 righu. 5. In the event Grantor places any unprovements on or in the easement or construcu anything within the easement without first having obtained the writtcn approval of the City Engineer, the Grantor shall cease all such activiry and remove any and all improvements placed therein without the written agreement of the Ciry Engineer. In the event Grazitor fails � to obtain prior approval, Grantor hercby authorizes the City to remove any and all improvements placed or constructed therein and hold the City, its officers, employees and agents harmless from damage caused to said improvements from removal thereof. Grantor futther agrees to pay the City for any and all costs incurred by the City in removing the improvements. T'his right is in addition to any other right the City may have at law or in equity. 6. Grantor dces release, indemnify and promise to defend and save harniless the Ciry, its officers, empioyees and agena from and against any and all liabiliry, loss, damage, expense, actions and claims, including costs and reasonable attome}�'s fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activiry within the above-described easement. This paragraph does not purport to indemnify the City against liability for damages azising out of bodily injury to persons or damages to property caused by or resultin¢ from the sole neeligence of the City, its officers, employees and aeents; provided, that if the claims or 3 2�� ?�g�32g