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<br /> construction, work or activity will not interfere with the City's easement 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 pians 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 ectivity is in conformance with other applicable ,.
<br /> plans, codes nnd regulations. Further, agreement by the City to such construction,
<br /> work or activity shall not in any manner be considered as imposing any obligation,
<br /> duty or llability upon the City as to the safety 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 a�cess
<br /> for such purposes. Grantor aLso authorizes the City to cut, trim and re move any
<br /> end all brush, trees, other vegetation and debris on Grantor's property which, in the
<br /> City's reasoneble judgment, constitates a hazard to the easement and the right of
<br /> access for such purposes.
<br /> 4. 'I'he Grantor agrees that title to all brush, trees, other vegetation or
<br /> debris trimmed, cut and removed from the easement pursuant to this Agreeme�t,
<br />, � 4'<`,: ' and also all brush, trees, cther vegetation or debris trimmed, cut and removed from
<br /> Grantor's land pursuant to this Agreement is vested in the City, and that the
<br /> consideration paId for conveying said eesement 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 easement or
<br />� , i constructs anything on the easement without first having obtained the written
<br />� ��', ` ' . ^. � approval of the City Engineer, the Grantor shall cease all sueh activity and remove
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<br />, , ` ; any and all improvements placed thereon without the written agreement of the
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<br /> � City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby
<br />� 1 authorizes the Cit to remove an and all im rovements laced or constructed
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<br />, �`' ' ' � thereon end hold the City, its officers, employees and agents harmless from
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<br /> i ' damage caused to said improvements from removal thereof. Grantor further
<br /> agrees to pay the City for any end all costs incurred by the City in removing the
<br /> improvements. This right is in addition to ang other right the City may have at law i
<br /> or in equity.
<br /> 6. Grantor does release, indemnify and promise to defend and save
<br /> . harmless the City, its officers, employees and agents from and egainst any and all
<br /> liability, 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 /> y thereof, asserting or arising directly or indirectly on account of or out of Grantor's �
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<br /> use or activity on/in the above-described easement; Provided, However, this
<br /> paragraph does not purport to indemnify the City against liability for damages �
<br />�{ arising out of bodily injury to persons or damages to property ca�sed by or resulting ,
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<br /> from the sole negligence of the City, its of;icers, 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 same is free and clear of encumbrances, ,
<br /> except as above indicated; and that Grantor will forever warrant and cefend the
<br /> title to said easement and the quiet possession thereof against the lawful claims
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<br /> EA� and demands of all persons whomsoever. ��i 2 9 �, 2 �hcE 2 g 5 6 (
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