2200 116TH ST SE 2018-01-02 MF Import

construction, work or activity will not interfere with the City's easement granted herein; PROVIDED, HOWEVER, Any changes or revisions in the plans shall also be i subject to City's prior agreement. The City's review of the Grantor's plans under this easement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such construction, work or activity shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction, work or activity. 3. Grantor hereby authorizes City to cut, tram and remove any and all brush, trees, other vegetation or debris upon the easement anri the right of access for such purposes. Grantor also authorizes the City to cut, trim and remove any and all brush, trees, other vegetation and debris on Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the easement ar.d the right of access for such purposes. 4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut and removed from the easement pursuant to this Agreement, and also all brush, trees, other 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 accepted as full compensation for all damages incidental to the exercise of any of said rights. 5. In the event Grantor places any Improvements on the easement or constructs anything on the easement without first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed thereon without the written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or constructed thereon and hold the City, [is officers, employees and agents harmless from damage caused to said improvements from removal thereof. Grantor further agrees to pay the City for any and all costs Incurred by the City in removing the improvements. This right is in addition to any c'her right the City may have at law or in equity. 6. Grantor 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 officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity on/in the above -described easement; Provided, However, this paragraph does not purport to indemnify the City against 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 officers, employees and agents. 7. The Grantor also covenants to and with the City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; that some is free and clear of encumbrances, except as above Indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. EN.ENT -2 �1 :� YOL. 291SPAcEIOO4 0529 0 =1=1=8— ,opt �te3z�