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<br />constructton, work or ectivity will not interfere wlth tl�e Clty's easement granted
<br />herein; PROVIDED, HOWEVER, Any changes ^r revistons (n the plans shall also be
<br />subject to City's prfor egreement. The City's revlew of the Grantor's plans under
<br />thts easement shall not be deemed to impose any duty or obligatton on the City to
<br />determine the edequacy or sutticiency'ot arantor's plens and designs nor whether
<br />Grantor's construction, work or acttvity ts in con[ormance wtth other applicable
<br />plans, codes and regulettons. Further, agreement by the City to such crmstructton,
<br />work or acttvity shall not (n any menner be considered as imposing any obligation,
<br />duty or llabtlity upon the C3ty ns to the sate�y or propriety of such conetruction,
<br />work or activity. '
<br />3. Grantor hereby euthorizes City to cut, trim and remove any and all
<br />brush, trees, other vegetatfon or debris upon the easement en� the right of access
<br />for such purposes. Grantor aLso authortzes the C(ty to cut, trtm and remove any
<br />and all brush, trees, other vegetatton and debris on Grantor's property whtch, in the
<br />C(ty's reesonable judgment, constttutes e hazerd to the easement and the rtght of
<br />access for such purposes. �
<br />4. The Grantor agrees that title to all brush, trees, other vegetatlon or
<br />debrts trimmed, cut and removed from the eesement pursuant to this Agreement,
<br />and elso all brush, trees, other vegetation or debris trimmed, cut and removed [rom
<br />Grentor's land pursuant to thIs Agreement is vested In the City, and that the
<br />consideratlon paid for conveying seld eesement and rights heretn described is
<br />accepted as [ull compensation for all damages lncldente: to the exercise of any ot
<br />sald rights.
<br />5. In the event Grantor places eny (mprovements on the easement or
<br />constructs anything on the easement without f[rst having obtatned the written
<br />approval of the City Engineer, the Grantor shall cease all such activity and remove
<br />any and all improvements placed thereon without the wrttten egreement of the
<br />City Engineer. In the event Grantor taps to obtain prtor approvel, Grantor hereby
<br />au:hor(zea the City to remove eny and all improvements plaaed or constructed
<br />thereon snd hold the Clty, Its offtcers, employees and egents hermless from
<br />damege esused to sa(d improvements from removal thereo[. Grantor further
<br />egrees to pay the City for eny end ell costs incurred by the City in remor�ing the
<br />Improvements. This right Is in addition to any other right the City mey liave at law
<br />or in equtty. �
<br />6. Grantor does release, Indemnify end promise to defend and save
<br />harmlesa the Ctty, its offfcera, employees and agents trom end against eny and all
<br />llabWty, loss, damege, expense, ectfons and cleims, ineluding costs and reasoneble ,
<br />attorney's fees inourred by the City, Its offteers, employees and egents tn defense
<br />thereof, asserttng or arising directly or Indirectly on account of or out o[ Grantor's
<br />use or activtty on/(n the ebove-descrtbed easement; Provided, However, thts
<br />paragraph does not purport to indemn(fy the Ctty aga(nst llab[lity for damages
<br />erising out of bodlly injury to persons or demeges to property ceused by or resulting
<br />from the sole negl)genae of the Clty, its of[icers, employecs end agents.
<br />7. Tha Grantor aLvo covenants to and with the City that Grantor is
<br />lawtully setzed and possessed of the land atoresaid; has e good and lewful rlght end
<br />power to sell and convey seme; thet same Ls free and clear of encumbranees,
<br />exeept as abcrve indlcated; and that Grantor wtll forever werrent and defend the
<br />tltle to satd easement ani the quiet �+ossession thereo[ egeinat the lawful claims
<br />and demends of all persons whomsoever.
<br />EMENT -2
<br />�Cn�lh � nti C 1
<br />�o� 1955 racE 1511
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