12728 19TH AVE SE BASE FILE 2016-01-01 MF Import

EASEMF.NT 4. "1'he Grantor agrees that titie to all brush, trees, other vcgetation or debris trimmed, cut and removed from the casement pursuant to this Agreement, and also all brush, trees, o[her vegetation or debris trimmed, cut and removed Gom Grantors land pursuant to this Agreement is vested in [he City, and that the consideration paid for conveying said easement and rights herein described is accepted as full wmpensatioit for all damages incidental to the exercise of any oP said rigltts. 5. [n the event Grantor places any improvements on or in the easement or constructs lnything within the easement without first having obtained [he written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreemcnt of the City Engineer. In die even[ Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and 111 improvements placed or constructed therein and hold the City, its officers, employees and agents harmless from damage caused to said improvements Irom removal thcreoE Grantor further agrees to pay the City for any and all costs incurred by the Ciry in removing thc improvements. This right is in addition to any other right the City may have at law or in equity. 6. Gran[or does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officcrs, employees and agents in defense thereof, asserting or arising directly or indirectly on account oP or out of Grantor's use or activity within the above-described easement. This paragraph does not purport to indemnilv the City aeainst liability 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 officcrs, employees �nd agcnts; provided, tliat if the claims or damages are caused by or result from the concurrent negligence of(a) the Grnntor, its agents, successors or assigns, ,J.�