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pmpcsed construction, xork or activity will not interfere with the City's
<br /> easernnt granted herein; PRdVID�, gOWEVER� any clxanqes or revisions in the
<br /> plans shall also be subject to City's pria;`agreet�ent; PROVIDID, FiOh�EVIIt,
<br /> that the City shall not unreasunably withhold its consent. '.!'i�e City's review
<br /> of the Grantor's plans under this easanent shall r�ot be deene�i +o :�t¢�ose
<br /> any duty or obligation on the City to determinE �`}�e adequacy o�: s,iffi:iency
<br /> of Grantor's plans and designs nor whethes Graii;o.r's construction, work or
<br /> activity is in confornance with other applicable plans, codes and regulations.
<br /> Further, agreenent by the City to such construction, work or acL•ivity shali
<br /> not in any manner be considered as i�osing any obligation, duty or liability
<br /> upon the City as to the safety or propriety of such cronstruction, work or
<br /> activity,
<br /> 3, Grantnr hereby authorizes City to cut, trim and re�rove any and all
<br /> brush, trees, other vegetation or d�ris up�n the easerent and the right of
<br /> access for such pluposes. Grantor also atri-horizes the City to cut, trim and
<br /> rerone any and ail brush, trees, other vegetation and debris on Grantor's
<br /> ProPerty which, in the City's reasonable ju3gment, constitutes a hazard to
<br /> � the easanPsit and the right of access for such puxposes.
<br /> � 4. The Grantor agrees that title to all brush, tree�, other vegetation
<br /> or debris trimned, cut and raroved frcm the eas�rent piva-uai�t �_o this Agreenent,
<br /> and also all brush, trees, other vee,etation or debris tr.imned, cut and remved
<br /> from Grantor's land pursuant to this Agrearnnt is vested in the City, and that
<br /> the consideration paid for cronveying said easanent and righi:s herein described
<br /> is accepted as full oa�ensation for all damages incid,�tal to the exercise of
<br /> any of said rights.
<br /> 5. In the event Grantor places any improvenents on the easenent or
<br /> constructs anything on the easamnt without first ;�a�;.'v�g obtained the written
<br /> approval of the City F�gineer, the Grantor shall cease all such activity and
<br /> ' rerove any and all improvenents placed thereon without the written agrc�it
<br /> of the City �gineer, In the event Grantor fails to obtain prior approval,
<br /> Grantor hereby authorizes the City to rsrc�ve any and all improvenents piaced
<br /> or constructed thereon an3 hold the City, its nfficers, e�loyees and agents
<br /> harniless fran dvnaqe caused to said improvenPnts fran renoval thereof. Grantor
<br /> further agrees to pay the City for any and all costs incuxred by the City in
<br /> remwing the in�rov�nents. This right is in addition to any other right the
<br /> City may have at law or in equi.ty.
<br /> 6. Grantor dces release, indatmify and prcmise to defend and save
<br /> ; hazmless the �ity, its officer.;, �loyees and agents fran and against any and
<br /> all liability, loss, damage, e}pense, actions and claims, including costs and
<br /> reasonable attorney fees incuned by the City, its officers, e�loyees and
<br /> agents in defense thereof, asserting or arising directly or indisectl.y on
<br /> account of or out of Grantor's use or activity on/in the above�lescribed
<br /> easarent. Grantee dces release, ind�mi.fy azrl pmnise to defend and save
<br /> hatmless the Grantor fran and against any and all liability, loss, damage,
<br /> expense, actions and claims, including costs and. reasonable attorney fees
<br /> �� 09� 17 013 � -2- ���� j.qSRPAGE^1�6'
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