a) City Access Easement. The 141 Property Owner hereby grants to the City a
permanent, perpetual, irrevocable non-exclusive easement for purposes of pedestrian
and vehicular ingress and egress and right of passage, in the areas described as
“Proposed Access Easement ‘E’” and “Proposed Access Easement ‘G’” on the
Easement Plan and as is more particularly described on EXHIBIT B-2 (the “City
Access Easement Area’) for the benefit and use of the City Land (the “City Access
Easement’).
b) Scope of City Access Easement. The City Access Easement is authorized: (i) on a
twenty-four (24) hours a day seven (7) days a week basis, unless the 141 Property
Owner requires the use of the City Access Easement on a temporary basis to construct,
maintain and relocate the surface, landscaping and other materials located within said
City Access Easement Area, in which case the 141 Property Owner will provide the
City with three (3) days written notice of any such activities.
c) Indemnification. The City agrees to indemnify and hold harmless the 141 Property
Owner for any and all property damage, bodily injury or personal injury which arises
as a result of its use of the City Access Easement. This obligation survives termination
or revocation of this Agreement.
d) Insurance. At all times during the use and exercise of this Agreement, the City agrees
to maintain comprehensive general liability insurance covering its operation under this
Agreement in a commercially reasonable amount. Such insurance shall name the 141
Property Owner as an additional insured and a certificate evidencing the same shall be
delivered to the 141 Property Owner upon five (5) days’ prior written notice to the City.
Section 3. Limited Liability. Except as herein otherwise expressly provided, each party
hereto shall be liable only for any breach of its obligations hereunder occurring during such party's
period of ownership of its respective Land and such liability shall extend only to the interest in the
Land, as the case may be.
Section 4. No Merger. The rights and easements hereby created shall not merge into the title
of any benefited land notwithstanding common ownership of any parcels, or any part thereof.
Section 5. Bind and Inure. The rights and obligations established herein inure to the benefit
of and are binding upon the parties hereto, and their respective successors and assigns from time
to time of all or any portion of the Land and shall run with the Land, and shall be recorded in the
Hillsborough County Registry of Deeds. The benefits and burdens of the 141 Access Easement
and the City Access Easement and rights and responsibilities granted under this Agreement
shall extend to the employees, agents, guests, lessees, and invitees of the City and the 141 Property
Owner.
Section 6. Severability. If any provision of this Agreement shall to any extent be invalid or
unenforceable, the remainder of this Agreement (or the application of such provision to persons or
circumstances other than those in respect of which it is invalid or unenforceable) shall not be
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