1902 52ND ST SE 2018-01-02 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, trees, other vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement 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 damages incidental to the exercise of any of said rights. 5. In the event Grantor places any improvements on or in the casement or constructs anything within the easement without first 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 City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby 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 further agrees to pay the City for arcy 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 harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and resonable attorney'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 activity within the above -described easement. This paragraph does not purport to indenmify the City against liability 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 by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, d