Resolution Zoning 01-Z- 58 - Laserfiche WebLink

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vehicular access and ingress and egress to, over, and from the Easement Property and the Property; service access to, over and from the Easement Property and the Property; installation, maintenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easement Parcels which promotes the security of the Easement Parcels or the Property or any persons or property located thereon, to the extent permitted by applicable law, as long as public access to the beach through the Beach Access Easement Parcel is reasonably maintained; and the right to construct and maintain any within the Easement Parcels as may be permitted by applicable law; and (c) the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping and lighting) located within the Easement Parcels provided such improvements are approved by the City Commission. 7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys'fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way with any improper use of the Easements and the Easement Parcels. The grantor hereby agrees, and all parties by virtue of their use of the Easements shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee (and all of its members, officers, directors, employees, successors and assigns) from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken therefrom) arising from, growing out of or connecting in any way with failure of the Grantor to maintain the Easement and the Easement Parcels as provided in Section 3. 8. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the Grantor and/or the respective fee owners from time to time of the Project, with the prevailing party in any such action entitled to reimbursement of reasonable attorneys' fees and costs incurred at trial and all appellate levels. 9. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this Agreement have participated fully in the negotiation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. In construing this Agreement, the singular shall be held to include the plural, the plural -4-