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Section 6:
<br /> Until termination of the easement as set forth in Section 9, below, prior to any construction,
<br /> work, or other activity being conducted in or on the herein easement by anyone other than the
<br /> City, a notification and plans for the same shall be submitted in writing to the City and no such
<br /> construction, work, or activity shall be commenced without the City's prior written agreement
<br /> that the proposed construction, work, or activity will not interfere with the City's easement
<br /> described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be
<br /> subject to the City's prior agreement. The City's review of the plans under this easement shall
<br /> not be deemed to impose any duty or obligation on the City to determine the adequacy or
<br /> sufficiency of the plans and designs nor whether said construction, work, or activity is in
<br /> conformance with other applicable plans, codes, and regulations. Further, agreement by the City
<br /> to such construction, work, or activity shall not in any manner be considered as imposing any
<br /> obligation, duty, or liability upon the City as to the safety or propriety of such construction, work,
<br /> or activity.
<br /> Section 7:
<br /> Until termination of the easement as set forth in Section 9, below, the City is hereby authorized
<br /> to cut, trim, and remove any and all brush, trees, other vegetation or debris upon the herein
<br /> easement and the City has the right of access for such purposes. The City is also authorized to
<br /> cut, trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent
<br /> to the easement which, in the City's reasonable judgment, constitutes a hazard to the easement
<br /> and the City has the right of access for such purposes.
<br /> Section 8:
<br /> Until termination of the easement as set forth in Section 9, below, in the event any improvements
<br /> are placed in/on the herein described easement or anything is constructed in/on the easement
<br /> without the written approval of the City Engineer first having been obtained, all such activity
<br /> shall cease upon request of the City Engineer, and any and all improvements placed thereon
<br /> without the written agreement of the City Engineer shall be removed. In the event prior approval
<br /> is not obtained, the City is hereby authorized to remove any and all improvements placed or
<br /> constructed thereon and the City, its officers, employees, and agents are hereby held harmless
<br /> from damage caused to said improvements from removal thereof The City is hereby authorized
<br /> to charge for any and all costs incurred by the City in removing the improvements. This right is
<br /> in addition to any other right the City may have in law or in equity.
<br /> Section 9:
<br /> Upon removal and relocation of all utilities within the respective above described retained
<br /> easement area by the Petitioner, the City agrees to surrender the retained easement provided the
<br /> relocated utilities have been relocated and new easements provided and accepted by the City for
<br /> the relocated utilities. After acceptance by the City of the relocated utilities and easements, all
<br /> rights of the retained easements will revert to the Petitioner at no cost to the Petitioner. Without
<br /> limiting the generality of the foregoing provision of this Section 9, upon automatic termination of
<br /> the City's retained easement, Sections 4, 5, 6, 7 and 8 of this ordinance shall have no further
<br /> force or effect. To the extent that Petitioner requires documentation to clear title and document
<br /> the termination of the easement rights in the City, the City agrees to execute such reasonable
<br /> documentation as Petitioner may require.
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