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SEP-08-1??7
<br />1' J1 CENTURY 21 ALL STRP 206 1?47 6588
<br />P.0410`
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<br />construction, work or activity will oat interfere with tie CPys easement granted
<br />re -tint PROVIDED, HOWEVER, Any changes or revlrlons in the pluu shall aiso be
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<br />• subject to ;Its+s prior agree Mane. Thr Clty's revftw of she „cantor's plant under
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<br />fhb easement shall flat be deemed to Im,sosc any duty fir obligation on the City to
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<br />determine the adequacy W sufflNeney of Granbr's ,lens and designs nor whathtr
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<br />Grantors construction, work or activity it in conrormancc with other applicable
<br />Plans. eodui and regulations. Further, agreement by the C!ty to sueh eonsfruetlon,
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<br />work or activity shall not m env manner be considered as imposing any obligation,
<br />duty or Ilablllty upon the City as to thr sorely or proprlt ly of such totL.ruelipl4
<br />- .k or activity. i
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<br />3. Grantor hereby oulharles City to cut, trim and remove any •ad aU
<br />brush,
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<br />frees, other vegetation or deers upan the easement end the right of access I
<br />for such purpose:. Grantor also authorises the City to tut, Vim and rtmove any
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<br />all brush, trees, other vegetation and debrls on Grantor's property which, In the
<br />City's reaxnable judgment, constlfutes a heard to the easement And the right of
<br />widest (or such purposes.
<br />t. The Grantor agtets fief title to all brush, trees, other voptation or
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<br />debrls trimmed, cut and removed from the aasoment pursosnf to this Agreement,
<br />and also el! brush, trees, other vtgelnslon or deals trimmed, tut anC removed from
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<br />Grantor's lend pursuant to this Agreement is vested In the City. end ti.At the
<br />comCderation paid for conveying said easement and rights herein described is
<br />accepted as full compensation for aD damages :nadvntal to the exercise of day of
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<br />said rights.
<br />5. In the Was Grantor place any imprevtments on the easement or
<br />constructs anything on the easement without tint having obtained the written
<br />approval of the City Engineer, the Granter shall ceue on such activity and remove
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<br />any and all improvements placed thereon without the written agreement of the
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<br />City Engineer. In the event Crantor falls to obbin prior Approval, Grantor hcraby
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<br />evlhoriatl the City to remove any end fig Imprwema¢ts pLene or constructed �
<br />thereon and hold the City, Its officer-, employee•. And agents harmless :rom
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<br />damage caused to sad improvements from removal thereof. Grenmr further i
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<br />agrees so pay the City for any and All ecru incurred by the City in removing the
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<br />Improvements. TALI right If In addition to any other right the city may hove At law
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<br />or in Nulty.
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<br />S. Grantor does release, indemnify end promise to defend and :five
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<br />harmlttis the City. Its offICI rs, employers and
<br />YOgc.m from and eQaltist Any and ell i
<br />Liability, loss, damage, vypenss, actions Ord claims, includ;nQ cost.' fine reasonable
<br />AltorneY's fees incurred by the City, its officers, employees and agents in defense
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<br />(/areal, arenlnq or arising directh or ,nd;rtet;y on aeeeunt of a- out of Grantor's
<br />juse
<br />or activity en)m the above-dnrctibod eawment; Provided. Hewevet, this l
<br />paregroph does not purport to indemnify the City agfiirst ;LMbility for damages
<br />011111C Got of bodily Infur y :o persons or demnget to property cowed by cr resulting
<br />from the sole negligener or tee C;tv, Its officers, employees and Agent[.
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<br />r. TAO Granldf alto COvenAMI to and with ire City that Grantor b
<br />lawtully seized fine Pennsed of IN, land +raresaid; has a good and Inwful right and !
<br />Power to sell and convey same: that some is free and Near of endum't"Meet,
<br />rseepl as above Indicated: and 'hot Grantor wi L fetevc warrant end defene the I
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<br />title to said easement and the quiet poasasnon thereof against the :awful Halms i
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<br />and demands of all ns
<br />I whomsoever. pe, so '
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