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propcsed construction, work or activity will not interfere with the City's
<br /> easaaes�t granted herein; PRO�/IDID, HOWEVER, any changes or revisions in the
<br /> plans sha11 also be subject to City's prio; agreanent; PROVIDID, FiOWEVE.R,
<br /> that the City shall not unreasonably withhold its consent. 't'he City's review
<br /> of the Grantor's plans under this easenent shall not be dear�ed to imoose
<br /> any duty or obligation on the City to detesmine the adequacy or sufficiency
<br /> of Grantor's plans a�i designs nor whether Grantor's construction, work or
<br /> activity is in conforn�ance with other applicable plans, codes and regulations.
<br /> Further, agreanent by the City to such construction, work or activity shall
<br /> not in any manner be considered as ii�osing any obligation, duty or liability
<br /> uE�on the City as to the safety or propriety of such construction, wurk or
<br /> activity.
<br /> 3. Grantor hereby authorizes City to c�it, trim �nd remove any and all
<br /> brush, trees, other vegetation or debris upon the easerent and the right of
<br /> access f-or such purposes. Grantor also authorizes the City to cut, trim and
<br /> rerove an}- and all brush, trees, other vegetation and debris on Grantor's
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<br />' property which, in the City's reasonable judgment, constitutes a t�azard to
<br />� the easan�nt and the right of access for such purposes.
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<br /> 4. The Grantor agrees that title to all brush, trees, other vegetation
<br /> i or debris tri�ned, cut and reroved fzom the f3SFt[IPSIt jJUYSUaIIt tA t}11S ACJiEH11P.Ilt.�
<br /> � aryd also all biush, trees, other vegetation or debris trimned, cut and reroved
<br /> �rvm Grantor's land pursuant to this Agreement is �ested in the City, and that I
<br />'• the consideration paid for cronveying said easenent aixi rights herein descriUed '
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<br /> I iis accepted as full ca^?ensation for all damages i.ncidental to the exercise of
<br /> , any of said rights.
<br /> 5. In the event Grantor places any i�rovanents on the �senert or
<br /> constructs anythi.ng on the easemnt without first having obtained the written
<br /> appraval of the City Engineer, the Grantor shall cease all such activity and I
<br /> rerove any and all i�rwemnts placed thereon without the written agreenent
<br /> of the City Engineer. In the event Grantor fails to obtai.n prior apprcnal, �
<br />, Grantor herPby authorizes the City to ren�ve any and all improverents placed
<br /> ; or constructed thereon and hold the City, its officers, a�loyees a�scl agents
<br /> harniless fran damage caused to said improvanents fran raroval thereof. Grantor
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<br /> further agrees to pay the City for any and all cbsts incurred by the City in
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<br /> ramviux3 the i�mv�nents. This right is in addition to any other right the
<br /> : � City may have at law or in �,;ty.
<br /> 6. Grantor does release, indamiify and pzani.se to defend arxl save
<br /> hannless the City, its officers, e�loyees and age�ts fran and against any and
<br /> all liability, loss, damage, expense, actions and claims, including wsts and
<br /> reasonable attvrney fees incurred by the City, its officers, employees and
<br />, agents in defense thereof, asserting or arising dixectly or indirectly on
<br /> account of or out of Grantor's use or activity on/in the above-clescribed
<br /> ease�nt. Grantee does release, inde�ify arri pranise to defe�d and save
<br /> hazmless the Grantor fran and against any an3 all liability, loss, damage,
<br />; expense, actions and claims, including costs and reasonable attorney fees
<br /> �°I�7 O4 1 ` O � v � _2_ . YOL i.q�RPAGE^l�b'
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