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2011/01/19 Council Agenda Packet
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2011/01/19 Council Agenda Packet
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Council Agenda Packet
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1/19/2011
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1 <br /> EASEMENT <br /> constitutes a hazard to the easement and the right of access for such purposes, the City shall <br /> notify the Grantor and request that Grantor remove the hazard or authorize the City to do so. In <br /> the event of a disagreement as to the existence of a or as to what method may be used to remove <br /> the hazard, the parties shall resolve the disagreement pursuant to the dispute resolution <br /> provisions set forth below. <br /> 4. In the event Grantor places any improvements within the easement area without first <br /> having obtained the written approval of the City Engineer, the Grantor shall cease all such <br /> activity and remove any and all improvements placed therein without the written agreement of <br /> the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes <br /> the City to remove any and all improvements placed or constructed therein and hold the City, its <br /> officers, employees and agents harmless from damage caused to said improvements arising out <br /> of or related to their removal. Grantor further agrees to pay the City for any and all costs <br /> incurred by the City in removing the improvements. This right is in addition to any other right <br /> the City may have at law or in equity. <br /> 5. 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, <br /> actions and claims, including costs and reasonable attorney's fees incurred by the City, its <br /> officers, employees and agents in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of Grantor's use or activity within the above-described easement. The City <br /> does release, indemnify and promise to defend and save harmless the Grantor, its officers, <br /> employees and agents from and against any and all liability, loss, damage, expense, actions and <br /> claims, including costs and reasonable attorney's fees incurred by the Grantor, its officers, <br /> employees and agents in defense thereof, asserting or arising directly or indirectly on account of <br /> or out of the City's use or activity within the above-described easement. This paragraph does not <br /> 3 <br /> 4 <br />
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