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Bodic 4812 P'ag: 55
<br /> construct or place any structure or building,whether temporary or permanent within the
<br /> Easement Areas.Notwithstanding anything herein to the contrary, in the event Fairview,:;:.
<br /> constructs or installs any landscaping, entrances, exits,driveway, light pole, and/or par 10F
<br /> on the surface of the Easement Areas,the Ci h'acknowledges these improvements shalll�,'r;
<br /> interfere with the City's easement rights herein. In the event such improvements a�c• ge 'by
<br /> the City or its designee in connection with this Agreement,the City shall restorq*hid ' '
<br /> improvements at its expense.
<br /> 3. No Public Dedication.Nothing herein contained shall be deified tii grant or
<br /> dedication of any portion of the Parent Parcel to or for the general publj�or for any public
<br /> purposes whatsoever, it being the intention of the parties that this Agreement shin be strictly
<br /> limited to and for the purposes herein expressed. . .
<br /> 4. Indemnification. Fairview shall indemnify and hold harmless the City,its city
<br /> council members and employees,from and against any and all claims'liability,damages and
<br /> costs including,but not limited to,reasonable attorneys'feesJQpd cogof suit,in connection with
<br /> personal injuries,death,and/or property damage resulting frorli-the acts and/or omissions of
<br /> Fairview, its employees and/or agents,and/or(b)failti ;:dl~•F,air'vicw to comply with the terms
<br /> and conditions of this Agreement.The City shall ind�ftiti� asid hold harmless Fairview,its
<br /> shareholders,directors, officers and employees, gainst any and all claims,liability,
<br /> damages and costs including,but not limited toy 6sori life attorneys'fees and costs of suit, in
<br /> connection with personal injuries, death,anpertjc(lamage resulting from: (a)the acts
<br /> and/or omissions of the City, its employees and/o.!�. nts, and/or(b)failure of the City to
<br /> comply with the terms and conditions of4ti'is Agreement.
<br /> 5. General Provisions. ThlgAgrec ent shall inure to the benefit of and bind the
<br /> parties hereto,their heirs, legal re hsew' i'N,successors and assigns.The easements,
<br /> restrictions and covenants hereig; ll bi�'86ements,restrictions and covenants running with the
<br /> land.In the event either part�;,liYeas,tiie terms and conditions hereof,the non-breaching party
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<br /> shall be entitled to all remecs,,at I.:yv�H.
<br /> nd/or in equity,including but not limited to injunctive
<br /> relief and damages,along-jWtJ he ni"re:aching party's reasonable attorneys'fees and costs of
<br /> suit.No termination or itil 419cation of this Agreement shall be effective until an agreement
<br /> signed by the parties: retiars;rrecorded in the Office of the Recorder of Deeds of Macon County,
<br /> Illinois.In the ev 'any,::pot4 of the terms of this Agreement are held to be void or
<br /> unenforceable burt,the remaining portions of this Agreement shall remain in full force
<br /> and effect. Th.s.A*: ...,ent shall be construed and enforced under the laws of the State of
<br /> Illinois.Tho:liyisio'riil::i"n the recital paragraphs set out above are hereby incorporated herein and
<br /> made a paff herea�;
<br /> On-Exclusive Easement.The City acknowledges that the easement granted
<br /> herein;and'il"dted rights are non-exclusive in that Fairview shall continue to have access to the
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<br /> ,1as�m. it;Areas for any and all purposes and may grant similar easements to third parties.
<br /> 7. Termination of Prior Easement. This Easement shall vacate,terminate and
<br /> a the Non-Exclusive Easement between the parties hereto dated December 12,2014 and
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