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construction, work or activity will not interfere with the City's eesement granted
<br /> herein; PROVIDED, HOWEVER, Any changes or revisions in the plans shall also be
<br /> subject to City's prior agreement. The City's review of the Grantor's plans under
<br /> this easement shall not be deemed to impose any duty or obligation on the City to
<br /> determine the adequacy or sufficiency 'of Grantor's plans and designs nor whether
<br /> Grantor's construction, work or activity is in conformance with other appliesble
<br /> plans, codes and regulations. Further, agreement by the Citp to such constru�:ion,
<br /> work or activity shall not in any manner be considered es imposing any oblibat[on,
<br /> duty or liability upon the City as to the satety or propriety of such construction,
<br /> work or activity.
<br /> 3. Grantor hereby authorizes City to cut, trim and remove any and all
<br /> brush, trees, other vegetation or debris upon the easement and the right of access i
<br /> for such purposes. Grantor aLso authorizes the City to cut, trim snd remove any '
<br /> and all brush, trees, other vegetation and debris on GrantoNs property which, in the ��
<br /> City's reasonable judgment, constitutes a hazard to the easement and the right of
<br /> aceess for such purposes.
<br /> 4. The Grantor egrees that title to all brush, trees, other vegetation or
<br /> debris trimmed, cut and removed from the easement pursuant to this Agreement,
<br /> and also all brush, trees, other vegetation or debris trimrtied, cut and removed from
<br /> Grentor's lend pursuant to this Agreement is vested in the Citp, and that the
<br /> consideration paid for conveying said easement and rights herein described is
<br /> accepted as full compensation for all damages incidental to the exercise of any of
<br /> � said rights.
<br /> � 5. In the event Grantor places any improvements on the eesement or
<br /> i consiructs anything on the easement without ftrst having obtained the written
<br /> approval of the City Engineer, the Grantor shall cease all such activity and remove
<br /> ' any and all improvements placed thereon without the written agreement of the
<br /> City �ngineer. In the event Grantor faiLs to obtain prior approvel, Grantor hereby
<br /> authorizes the City to remove any and all improvements placed or constructed
<br /> Ithereon ena noia the City, its ofSicers, employees and agents harmless from
<br /> I damage caused to said improvements from removal thereof. Grantor further
<br /> agcees to pay the City for any end all costs incurred by the City [n rem�ving the
<br /> Iimprovements. This right is in addition to any oth�r right the City may have at law
<br /> or in equity.
<br /> 6. Grantor does release, indemnify and promise to defend and save
<br /> harmiess the City, its of.Cicers, employees and agents from and against any and all
<br /> llability, loss, damage, expense, actions and claims, including costs and reasonable
<br /> attorney's fees incurred by the City, Its officers, employees and agents in defense
<br /> thereof, asserting or arising directly or indirectly on account of or out of Grantor's
<br /> use or activity on/in the above-described easement; Provided, However, this
<br /> paragraph does not purport to indemntfy the City against liability [or damages
<br /> arising out of bodily injury to persons or damages to property caused by or resulting
<br /> from the sole neglIgence of the City, it�a officers, employees and agents. ,
<br /> 7, The Grantor also covenants to and with the City that Grantor is
<br /> lawfully seized and possessed of the land aforesaid; has a good and lawful right and '
<br /> power to sell and convey same; that sarr.e is frr,e and clear uf encumbrances, I
<br /> except as above indicated; and that Grantor w�L' forever warrent and defend the
<br /> title to sa[d easement and the quiet possession thereof against the lawful claims
<br /> and demands of all persons whomsoever.
<br /> EA EMENT —2 vo� 1954 PACE0333
<br /> '� � 60 � � '� � � Q3 .
<br /> �
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