R2010-229 AUTHORIZING AGREEMENT 101 MAIN PLACE, LLC

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, . 12. Enforcement. a. The CITY shall have no responsibility to enforce the exclusive use of any parking spaces reserved hereby to ONE MAIN. It shall be the responsibility of ONE MAIN to own, install, operate and maintain any system or procedure whether mechanical or otherwise which is intended to secure the use of the spaces described herein for the exclusive use of ONE MAIN. Any such system or procedure prior to initiation or installation shall be approved by the Director of Public Works of the CITY, which approval shall not be unreasonably withheld. Upon ONE MAIN's request, the CITY shall provide reasonable cooperation to ONE MAIN to enforce ONE MAIN's exclusive use rights. b. The CITY shall not be responsible for the maintenance for any fixture or other improvement placed by ONE MAIN pursuant to Subsection a above. With regard to such fixtures or installations ONE MAIN does hereby release, discharge, indemnify and hold harmless the CITY and the CITY Council members, CITY employees, officers and agents in both individual and official capacities from any and all claims, demands, damages, rights of action, or causes for personal or bodily injury, death or property damage relating to or arising out of the operation and use of such fixtures and installations. At the termination of this Lease it shall be the responsibility of ONE MAIN to remove such fixtures or installations at the request of the CITY and to return the Parking Lot to its previous condition. 13. Notices. Any notice or demand required or permitted be given or made hereunder shall be sufficiently given or made by certified mail in the following manner: a. If to the CITY: City of Decatur, Illinois Attention: CITY Manager One Gary K. Anderson Plaza Decatur, Illinois 62523 b. If to ONE MAIN: 101 Main Place, LLC Attention: Tim Raycraft 101 S. Main, Suite 800 Decatur, IL 62523 c. Any such notice or demand shall be deemed to have been given or made at the time it is deposited in the U.S. Mail. ONE MAIN or the CITY may from time to time designate any other address for this purpose by written notice to the other party. 14. Waiver. Failure or delay on the part of ONE MAIN or the CITY to exercise any right, power of privilege hereunder shall not operate as a waiver hereof. 15. Assipnment. ONE MAIN may not assign its rights under this Lease to subsequent owners, lessees, occupiers, persons or entities without the express authorization of the CITY, which express authorization, shall not be unreasonably withheld. Any such assignment shall cause this Lease to be null and void. 16. Amendment. No amendment of this Lease shall be valid unless made in writing and signed by ONE MAIN and an authorized agent of the CITY.