10315 19TH AVE SE SITE DEVELOPMENT 2016-01-01 MF Import

EASGNIENT 4. The Grantor agrees diat tide to all brush, trees, other vegetation or debris trimmed, cut and removed from the easemea[ pursuant to this Aereement, and also ail brush, trees, other vegetation or debris trimmed, cut and removed from Grantor's land pursuant [o this Agreement is vested iu the Ciry, and that the consideration paid for conveying said easemeut and rights herein descriUed is accepted as full compensation for all damages incidental to the exercise of any of said rights. S. In the event Grantor places any improvemencs on or in the easement or constructs anything within the easement without first having obtained the written approval of the City Engineer, the Grantor shall cease a11 such activity and remove any and all improvements placed therein without [he 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, i[s officers, employees and agents harmless from damage causPd to said improvements from removal thereof. Grantor i fur[her aerees to pay the Ciry fur any and alt costs incurred by the Ci[y in removing the improvements. This ribht is in addition to any other rieh[ the Ciry may have at law or in equity. 6. Grantor does release, indemnity and promise to defend and save harmless the City, i[s ofYicers, employees and aeents from and aeainst any and all liability, loss, damage, expense, ac[ions and claims, includine costs and reasonable attorney's fees incuned by the Ciry, its ufficers, employees and agents in defense tl�ereof, asserting or arising directly or indirectiy on account of or out of Grantor's use or ac[iviry within the above-described easemen[. This paraeraph does not purport to indemnify [he Ciry against liability for damages arising out of bodily injury to persons or damages to pruperty caused by or resulting from the sole neeli�ence of the City, i[s officers, employees and a«en�s; provided, that if the claims or 3 AF' 2U � � �?418t� 182 %