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� <br /> construction, work or activity will not interfere with the City's ensement granted <br /> herein; PROVIDED, HOWEV�?t, Any changes or revisions in the plans shall aLso be <br /> subject to City's prior agreement. The City's review of tlie Grantor's plans under <br /> this easement shall not be deemed to impose any du;y or obligation on the City to <br /> determine the adequacy or sufficiency of Granter's plans and designs nor whether <br /> r Grantor's construction, work or activity is in conformunce with other �ppiicable <br /> plans, codes and regulations. Further, agreement by the City to such construction, <br /> work or activity shall not in any manner be considered as imposing any obligation, <br /> duty or liability upon the City as to the safety or propriety of such construction, <br /> work or activity. <br /> 3. Grantor hereby authorizes City to cut, trim and remove any and all <br /> brush, trees, other vegetation or debris upon the e�5ement and the right of access <br /> for such purposes. Grantor also nuthorizes the City to cut, trim and remove any <br /> and all brush, tcees, other vegetation nnd debris on Crnntor's property which, in ttie <br /> City's reasonable judgment, constitutes a hazard to the ensement nnd the right of <br /> access for such purposes. <br /> 4. The Grantor agrees that title to all brush, trees, other vegetntion or <br /> debris trimmed, cut and removed from the easement pursuent to this Agreement, <br /> and also all brush, trees, other vegetation or debris trimmed, cut and removed from <br /> Grantor'S land pursuant to this Agreemen[ is vested in the City, nnd thnt the <br /> consideration paid for conveying said easement and riglits herein described is <br /> accepted as full compensation for all dameges incidental to the exercise of any of <br /> said rights. <br /> 5. In the event Grantor places any improvements on the easement or <br /> constructs anything on the easement without first having obtained the written <br /> approval of the City Engineer, the Grnntor �htill cease all such ectivity and remove <br /> any and all improvements placed thereon without the written agreement ot the <br /> City Engineer. In the event Grantor Cnils to obtnin prior npproval, Grantor hereby <br /> authorizes the City to remove any nnd all improvements pinced or constructed <br /> thereon and hold the City, its o[ficers, employees nnd agents harmless from <br /> damege caused to said improvements from remov¢1 thereof. Gruntor further <br /> agrees to pay the City for any and all costs ineurred by the City in removing the <br /> improvements. This right is in nddition to any other right the City mny have at lnw <br /> or in equity. <br /> 6. Grantor does release, indemnify and promise to defend and save <br /> harmless the City, its ufficers, employees and agents from nnd against nny nnd all <br /> liability, loss, damage, expense, netions and claims, including costs nnd reasonable <br /> attorney's fees incurred by the City, its officers, ernployees and ngents in defense <br /> thereof, usserting or arising directly or indirectly on account of or out of Grnntor's <br /> us� or activity on/in the nbove-described easement; Provided, However, this <br /> pecngruph does not purport to indemnify the City agninst linbility for damnges <br /> arising out of bcdily injury to persons or dmm�ges to property cuused by or resulting <br /> from the sole negligence oC the City, its ofCicers, employees nnd agents. <br /> , <br /> 7. 'Phe Grantor also covennnts to and with lhe City thnt Grnntor is �' <br /> lawfully seized and possessed ot the l�nd aforesaid; tins n good nnd Inwful right and <br /> power to sell and convey same; thnt same is free nnd clear of encumbrnnces, <br /> except as above indicated; and that Grantor will forever wnrrant nnd defend the <br /> title to soid easement and the quiet possession thereof against the lnwful claims <br /> L and demands of all persons whomsoever. <br /> EA EMENT -2 <br />