Laserfiche WebLink
5. In the event Grantor places any improvements on the casement or constructs anything on the <br />easement without first having obtained the written approval of the City Engineer, the Grantor shall <br />cease all such activity and remove any and all improvements placed thereon without the written <br />agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby <br />authorizes the City to remove any and all improvements placed or constructed thereon and hold the <br />City, its officers, employees and agents harmless from damage caused to said improvements from <br />removal thereof. Grantor further agrees to pay the City for any and all costs incurred by the City in <br />removing the improvements. This right is in addition to any other right the City may have at law or <br />in equity. <br />6. Grantor does release, indemnify and promise to defend and save harmless the City, its <br />officers, employees and agents from and against any and all liability, loss, damage, expense, actions <br />and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees <br />and agents in defense thereof, asserting or arising directly or indirectly on account of or out of <br />Grantor's use or activity on/in the above -described easement; provided, however, this paragraph does <br />not purport to indemnify the City against liability for damages arising out of bodily injury to persons <br />or damages to property caused by or resulting from the sole negligence of the City, its officers, <br />employees and agents. <br />7. The Grantor also covenants to and with the City that Grantor is lawfully seized and possessed <br />of the land aforesaid; has a good and lawful right and power to sell and convey same; that same is <br />free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and <br />defend the title to said easement and the quiet possession thereof against the lawful claims and <br />demands of all persons whomsoever. <br />8. Grantor agrees that the rights and obligations of the Grantor and City shall inure to the benefit <br />of and be binding upon their respective heirs, successors and assigns. <br />9. Other: C.. r•'v�' 2-�-- �. <br />m.2838pni1494 <br />9312130476 3 <br />