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1 <br />Prior to the Grantor, their heirs, successors, personal representatives, or <br />assigns, placing any improvements on the above-descrlbed easement or doing <br />any construction thereon, approval must be first obtained from the City Engi- <br />necr and all other appropriate agencies. Provided, however, that the approval <br />by the City Engineer of sur,h improvement or construction shall not in any <br />manncr be considcred as imposing any obligation upon the City as to the � <br />safety or propriety of such constructio� or improvement. <br />Ny acceptiny and recording this Agreement, the City agrees that upon exer- <br />cisc of any of its easement rights granted hereunder, it shall immediately <br />repair and restore the subject property and the adjacent lands, and rhe <br />improvements constructed therein or thereon, to the condition it or they were <br />in immediately before the exercise of thc City's rights granted hereunder. <br />By accepting and recording this Agrl ement, tl�e Clty agrees that it shall <br />inclemnify and hold the grantor harmless from, and shall defend the grantor <br />against, any cost, expense, injury, damage and/or liability claimed by any <br />person or entity against the grantor by reason of the exercise of the City's <br />righ'S granted hereunder. The City �urther agrees to keep the subjecl prop- <br />erty and adjacent land free and clear of and shall indemnify and hold grantor <br />I�ai•�ilcss from, and shall defend grantor against, all liens, expenses, costs and <br />encumbrances arising or claimed by reason of the exercise of the City's riglit� <br />granted hereunder or by rea::on of any work done, labor performe� or <br />matei ia!s supplied wit'.� respect to the exercise of the easement rights granted <br />.. the City hr.reunder. <br />Grantoi• hereby agrees that this I�greement touches and concerns the land and <br />that this Agreement shall inure to the benefit of and i�e binding upon all <br />heirs, successors, personal representatives, marital communities and assigns or <br />parties hereto. <br />nATED ttiis �� day cf _��____, 1981. <br />O'DONNELL, BRIGHAht & PARTNERS - <br />vo� 1735eact 8i <br />8241150113 <br />� <br />J <br />