|
�
<br />construction, woek or uctivity will not interfere with the City's easement granted
<br />herein; PROVIDED, HONEVER, Any changes or revisions in the plans shall also be
<br />subje^_t to City's prior agreement. The City's review of the Grantor's plans under
<br />this easement shall not be d2emed to impo�e any duty or obligation on the City to
<br />determine the udequacy or sutficiency'of Gr�nter's plans nnd designs nor whether
<br />Grantor's construction, work ar activity is in conformance wlth other applicable
<br />plans, codes and regulations. Further, agreement by the City to such construction,
<br />work or activit;� shall not in any menner be considere� ns imposing any obligation,
<br />duty or liability upon the City es to the safety or propriel.y of such construction,
<br />work or activity.
<br />3. Grantor hereby authorizes City to r_ut, trim and remove any nnd all
<br />brush, treas, other vegetiition or debris upon the easement and the right of access
<br />for such purposes. Grnntor also authorizes the City to cut, trim and remove any
<br />and nll brush, trees, other vegetation and debris on Grantor's property which, in the
<br />Citg's rea.,oneble judgment, constitutes a hazard to the easement und the right of
<br />access for such purposes.
<br />4. The Grantor agrees that title to t�ll brush, trees, other vegetation or
<br />det;ris trimmed, cut and removed from the ensement pursuant to this Agreement,
<br />and aLso all brush, Crees, other vegetation or debris trimmed, cut nnd removed from
<br />Grantor's land pursuant to this Agreement is vested in the City, and that ttie
<br />consideration paid for conveying said easement nnd rights herein described is
<br />accepted ns full compensation for all damages incidental to the exercise ot any of
<br />said rights.
<br />5. In the event Grantor places any improvements on the easement or
<br />constructs anything on the ensement without first having obtained the written
<br />approval of the City Engineer, the Grantor shall cease all ��ch activity and remove
<br />any and all improvements placed �hereon without the w�itten agreement of the
<br />City Engineer. In the event Grnntor faiL; to obtain prior approva2, Grantor liereby
<br />authorizes the City to remove any and all improvements placed or constructed
<br />thereon and �old the City, �fficers, employees und agents harmless from
<br />demage caused to said improa•�nents from removal thereof. Grantor further
<br />agrees to pay the City for any and 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 law
<br />ur in equity.
<br />6. Grantor does release, indemnify and promise to defend and save
<br />harmless the City, its officers, employees and agents from and 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 />thereef, asserting or arising d•.rectly or indirectly on account of or out of Grantor's
<br />use or activity on/in the above-described easement; Provided, However, this
<br />paragraph does not purport to indemnify the City against liability for damages
<br />arising out of bodily injury io persons or damages to property caused by or resulting
<br />from the sole negligence oi the City, its officers, employees nnd agents.
<br />i. The Granto: also covenants to and with the City that Grantor is
<br />lawfully seized and pc;ssessed of the land aforesaid; has a good and lawful right and
<br />povier to sr.11 and convey same; thut same is free and clear of eneumbrances,
<br />except as ebove indicated; nnd tliat Grantor will forever warrant and defend the
<br />title to said eesement nnd the quiet possessior: thereof against the lnwful claims
<br />and demancis o[ nll persons whomsoever.
<br />6
<br />� ��� �3'�
<br />��:,�_. .`' � � 1 r��r,F"�'7 R
<br />
|