Resolution Zoning 14-Z-141 - Laserfiche WebLink

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CFN: 20170289515 BOOK 30543 PAGE 5001 business under the laws of the State of Florida. Such companies shall have a general policy holders' rating of "A" or better and a financial rating of not less than "Class W as reported by Best's Key Rating Guide, published by A.M. Best Company, latest edition. This insurance shall be in effect as long as this Declaration exists. Failure to continue to provide the insurance coverage shall constitute a violation of this Declaration. Compliance with the foregoing requirements shall not relieve Owner, its successors or assigns of its liability and obligations under this section or any other portion of this Declaration. 4. Effective Date. These grants of Easements shall not become effective until the City issues a final certificate of use and occupancy for the development approved under the Resolution, as modified by any subsequent substantial compliance approval, or as such other plans are approved at public hearing consistent with this Declaration. 5. Reservation. Owner hereby reserves all rights of ownership in and to the property underlying the Easements (the "Easement Parcels") which are not inconsistent with this Declaration, including, without limitation: (a) the right to grant further non-exclusive easements on, over, under and/or across the Easement Parcels (i.e., utility and/or access easements); (b) the right to use the Easements for all uses not interfering or inconsistent with the uses permitted herein, including, but not limited to: vehicular access and ingress and egress to, over and from the Easement Parcels and the Property; service access to, over and from the Easement Parcels and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easements which promotes the security of the Easements or the Property or any persons or property located thereon, and the right to construct and maintain any signs within the Easements as may be permitted by applicable law; and (c) the exclusive right subject to the City's Right to Restore, to design, build, furnish and maintain any and all improvements (including, but not limited to, landscaping and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a), (b) or (c) of this paragraph 5, other than the granting of such easement to governmental or quasi - governmental authorities or departments, or to Grantor's future successors or assigns, Owner shall obtain the approval of the City Manager, who shall determine, in his sole and reasonable opinion, whether the proposed grant, use, or other activity is inconsistent with the grant of easements set forth herein and in Resolution. 6. Indemnification. Owner, for itself and its successors and assigns, hereby agrees, for separate good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, to jointly and severally indemnify, defend and hold harmless the City (and all of its members, officers, directors, employees, successors and assigns, and consultants (the "City Related Parties")) against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way to the Declaration or the maintenance and operation of the Easements by the Owner; provided, Owner shall not be have no duty to indemnify the City and the City Related Parties for any matters arising from the negligence or intentional misconduct of the City or the City Related Parties (acting within the scope of their respective relationships with the City). Notwithstanding any of the foregoing to the contrary, Owner's or each of its successors or assigns obligation to indemnify under this 4