R2013-91 AUTHORIZING EXECUTION OF THE REDEVELOPMENT AGREEMENT PREVIOUSLY RECEIVED AND PLACED ON FILE Southside

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thereof, as the case may be) owns a direct or indirect interest in the Police facility or the Police Facility Site or any portion thereof. 7.4 Duration of Covenants. It is intended and agreed that the covenants provided in Sections 7.1 and 7.3 of this Agreement shall remain in effect until the earlier of (i) termination of the Redevelopment Plan, or(ii) December 31, 2036 and that the covenants provided in Section 7.2 hereof shall remain effective without any time limitation; provided, that all such covenants shall be binding on the Redeveloper only for such period as the Redeveloper maintains a direct interest in the Police Facility Site or the Police Facility or part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), and only with respect to such direct interest in the Police Facility Site or the Police Facility or part thereof. 7.5 Covenants Running with the Land. Subject to Section 7.4, it is intended and agreed that the covenants set forth in Sections 7.1 through 7.3 above shall be covenants running with the land and that they shall in any event be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the City, and with regard to Section 7.2 hereof, the City, the State of Illinois and the United States of America. 7.6 Covenants Binding for the Benefit of City. Subject to Section 7.4, it is also intended and agreed that the foregoing covenants set forth in Sections 7.1 through 7.3 above shall in any event, and without regard to technical classification or designation as legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City, the State of Illinois and the United States of America as provided in Section 7.5. 7.7 Forms of Covenants and Restrictions. Certain of the covenants, uses and restrictions referred to in this Article VII shall substantially be in the form of the Declaration of Covenants, Uses and Restrictions attached hereto and made a part hereof as Exhibit 4, which shall be executed and recorded with the Macon County Recorder of Deeds on or before the date that the Redeveloper commences construction of the Police Facility. ARTICLE VIII: INDENINIFICATION 8.1 The Redeveloper's Indemnification of the City. So long as the Redeveloper maintains a direct interest in the Police Facility or the Police Facility Site or any part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), except for acts of the City or third parties in violation of the ten-ns of the Lease or the acts of negligence on the Part of the City, its officers, agents, employees and attorneys, the Redeveloper agrees to indemnify and save the City and its officers, agents, employees and attorneys harmless against all claims by or on behalf of any person, firm or corporation arising from (i) the Redeveloper's ownership of Police Facility or the Police Facility Site, or from any work or thing done by the Redeveloper on the Police Facility Site or the Police Facility, or any work or activity of the Redeveloper connected to the construction of the Police Facility or the Street Improvements; (ii) any breach or default on the part of the Redeveloper in the perfonnance of any of its obligations under or in respect of this Agreement; (iii) any act of negligence or willful or wanton misconduct of the Redeveloper or any of its agents, contractors, servants or employees; (iv) any violation by the Redeveloper of any easements, conditions, restrictions, buildincy 12