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8804 5TH AVE W 2016-01-01 MF Import
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8804 5TH AVE W 2016-01-01 MF Import
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Last modified
4/3/2017 10:38:07 AM
Creation date
4/3/2017 10:38:03 AM
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Address Document
Street Name
5TH AVE W
Street Number
8804
Imported From Microfiche
Yes
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EASEMENT <br /> 4. The Grantor agrees that ade to all brush, hees, other vegetation or debris trimmed, ! <br /> wt and removed from the easement pursuant to this Agrcement, and also all brush, trees, other <br /> vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this <br /> Agreement is vested in the City, and that the consideration paid for conveying said easement <br /> and rights herein described is accepted as full compensation for all damages incidental to the <br /> exercise of any of said rights. <br /> 5. In the event Grantor places any improvements on or in the easement or constructs <br /> anything within the easement without first having obtained the written approval of the Ciry <br /> Engineer, the Grantor shall cease all such activity and remove any and all improvements <br /> placed therein without the writt�n agreement of the City Engineer. In the event Grantor fails <br /> to obtain prior approval, Granror hereby authorizes the City to remuve any and all <br /> improvements placed. or constructed therein and hold the City, its officers, employees and <br /> agents harmless from damage caused to said improvements from removal thereof. Grantor <br /> further agrees to pay the City for any and ail costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have at law or in <br /> equity. <br /> 6. Grantor does release, indemnify and promise to defend and save harmless the City, <br /> its officers, employees and agents from and against any and all liability, loss, damage, <br /> expense, actions and claims, including costs and reasonable attomey's fees incurred by the <br /> City, its officers, employees and agents in defense thereof, asserting or arising directly ar <br /> indirectly on account of or out of Grantor's use or acdvity within the abeve-described <br /> easement. This pazagraph does not purport to indemnify the City against liahility for dama;es <br /> arising out of bodily injury to persons or damages te property caused by or resultine from the <br /> sole negligence of the City, its officers, employees and agents; provided, that if the claims or <br /> 3 <br /> 9802260022 � <br />
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