2428 97TH PL SE 2016-01-01 MF Import

EASEM�NT 4. The Grantor agrees that tide to all brush, trees, other vegetation or debris trimmed, cut and removed from 1he easement pursuant to this Agreement, and also all brush, trees, cther vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is vested in the City, and that the consideration paid for conveying said easement and rights herein described is ac�epted 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 in the eaument or constructs anything within the easement without first having obtained the wrinen approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. In the evcnt Grantor fails to obtain prior approval, Grantor hereby authorizes Ihe Crty to remove any and all improvements placed or constructed therein and hold the City, its o�cers, employees and agents harmless from damage caused to said improvements from removal thereof. Grantor further agrecs to pay the City for any and all costs incurced 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. Grantor dces release, indemnify and promise to defend and save harniless the City, its officers, employees and agents from and against any and all liability, loss, damage. expense, actions and clairns, including costs and reasonable attorney's fees incurred by Ihe Ciry, its officers, employ^es and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantot's use or activity within lhe above-described easement. This paragraph dces not purport to indemnify the Ciry against liability for damages arising out of bcxiily injury to persons or damages to property caused by or resulting ftom the sole negligence of the City, its officers, employees and agents; provided, that if the claims or 3 `��= ��30841g�?