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<br /> construction, work or activity will no4 interfere with the City's easernent 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 plans under
<br /> this easement shall not be deerraed to impose er.y duty or obligation on the City to
<br /> determine the adequacy or sixtficiency of Granter's plans and designs nor whether
<br /> Grantor's construction, work or aetivity is in conformance with other applicable
<br /> plans, codes and regulations. Further, agreement by the City to such construction,
<br /> work ar activity shall not in eny manner be considered es imposing any obligation, I
<br /> duty or liability upon the City as to the safety or propriety of such construction,
<br /> wock or activity.
<br /> 3. Grantor hereby euthorizes City to cut, trim nnd :emove any and all
<br /> brush, trees, other vegetation or debris upon the easement ar�d the right of access
<br /> ior such purposes. Grantor aLso authorizes the City to cut, trim and remove any �
<br /> and all brush, trees, other vegetation and debris on CraTtoNs property which, in the
<br /> Ctty's reasonable judgment, constitutes a hezard to the easement and the right of
<br /> access for such purposes.
<br /> 4. The Grantor egrees that title to all brush, trees, other vegetation or
<br /> debrIs trimmed, cut and removed from the easement pursuant to this Agreement,
<br /> end also ell brush, trees, other 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 /> consi�eration paId for conveyin� said easement and rights herein described is I
<br /> aece{�ted 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 easemen� or
<br /> constructs anything on the easement without first having obtained the written
<br /> approval of the City Engineer, the Grantor shall cease all such activity and remove
<br /> any end all improvements placed thereon without the written agreement of the
<br /> City Engineer. In the event Grantor fails tn obtain prior approval, Grantor hereby
<br /> nuthorizes the City to remove any and all improvements placed or constructed
<br /> thereou end hold the City, its officers, employees and agents harmless from
<br /> damege caused to said improvements from removal thereof. Grantor [urther
<br /> agcees to pey the City for any end all costs incurred by the City in removing the
<br /> Improvements. This right is in addition to any other right the City may have at ]aw
<br /> or in equity.
<br /> 6. Grantor does release, indemnify nnd promise :o defend and save
<br /> harmless the City, its o[ficers, employecs nnd ngents from nnd against any and ell
<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 /> thereof, asserting or arising directly or indirectly on account of or out of Grantor's
<br /> use or activity on/in the above-described easement; Provided, However, this ; ' i:.
<br /> paragraph does not purport to indemnify the City against 1#abil[ty for dam�ges ,
<br /> arising out of borlily injury to persons or damages to property caused by or resulting
<br /> from the sole negligence of the City, its officers, ernployees and agents.
<br /> 7. 'Che Grantar also coaenants to nnd with the City thnt Grantor is
<br /> lawfully seized and possessed of the land aforesaid; hes a good and lawful right end
<br /> power to sell and convey same; that same is free end clear of encumbrances,
<br /> exEept as above indicated; and that Grantor will forever warrant and defend the
<br /> title to said eesement and the quiet possession thereof ageinst the lawful clairns
<br /> and demands of all persons whomsoever.
<br /> E, EMSNT -2 � �O / ��O o�7� YOL i91�PRGE16'41
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