11615 19TH AVE SE 2016-01-01 MF Import

EASEMEIVT ' ! 4. The Grantor agrees that tide to all brush, trees, other vegetation or debris trimmed, cut and removed from the eas�ment pursuant to this Agreement, and also all brush, �ees, other vegetation or debris trimmed, cut and removed fro:i Granto�s land pursuant to this Agreement is vested in the City, and that the consideration paid foc conveying said easement and rights herein � described is accepted as full compensation for all damages incidental to the.exercise of any of said rights. 5. In the event Grantor places any improvements on or iz the easement or constructs � anything within the easement without first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed tFierein without the written agreement of the City Engineer. In tha event Grantor fails to obtain ; prior approval, Grantor hereby authori2es the CiTy to re.nove any and all improvements placed or � constructed therein and hold the City, iu o�cers, employees and agenu harmless from damage caused to said 'unprovements from removal thereof. Grantor further agrees to pay the City for ''. any and all costs incurred by the City in removing the improvements. This right is in addition to ! any other right the City may have at law or in equity. 6. Grantur does rele�e, indemnify and promise to defend and save harmless the City, iu officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attomey's fees incurred by the Ciry, its o�cers, employees and agen[s in defense thereof, asseRing or arising directly or ind'uectly on account of or out of Grantor's use or activity within the above-described easement. This pazagraph does not purpoR to indemnify the City against lia6ility for damages arising out of ;'• � bodily injury to persons or damages to property caused by or resulting from the sole negligence � of the City, its officers, employees and agenu; provided, that if the claims or damages aze caused 3 g8o �'2006u1 ;