2002-48 VACATING STREET AND PORTIONS THEREOF SOUTH 17TH STREET BETWEEN RIVERSIDE AVENUE AND BUENA VISTA A PORTION OF 1600 BLOCK EAST RIVERSIDE AVENUE AND A PORTION OF 1600 EAST BUENA VISTA STREET

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, i , � � ' ' � �� ? � IPr � � t� ,�. 36, 37, and 38 of said Sampson Addition to the Northwest corner i of said Lot 38; thence Northerly approximately 45 feet to the 'I Southwest corner of Lot 32 of said Sampson Addition; thence ,, Easterly along the South line of said Lot 32 approximately 53.7 ! feet to the Southeast corner of said Lot 32; thence Northerly along the East line of said Lot 32 and of Lot 15 of said Sampson Addition approximately 204 feet to the Northeast corner of said Lot 15; thence Westerly along the North line of said Lot 15 and of ' Lot 16 of said Sampson Addition to the Northwest corner of said Lot 16; thence Northerly approximately 45 feet to the point of beginning. (the"Street") 2. The HOSPITAL will permit vehicular and pedestrian access by the general public on, over and across that portion of Street maintained as described in Section 3 hereof, for purposes of access to St. Mary's Hospital and other adjacent buildings and facilities. Further, the CITY may maintain and repair underground pipelines and/or utilities located under the Street and shall have the right to excavate and the obligation to refill ditches and trenches far the maintenance of such pipelines or utilities. During the repairs or maintenance, the CITY shall take reasonable precautions for the safety of those in vehicles and pedestrians. Upon completion of the repairs or maintenance, the CITY shall return the surface of the property to the condition it was in immediately before such excavation. 3. The HOSPITAL will maintain Street in a manner adequate for two-way traffic in accordance with the CITY'S site plan criteria for driveways and parking areas, as amended from time to time. 4. To the extent provided by law, the HOSPITAL shall indemnify and hold harmless the CITY and its Mayor and Council members, officers, employees and agents, in both their individual and official capacities, from all claims for property damage, bodily injury or death resulting from or arising out of the condition or maintenance of the Street unless the condition was caused by the CITY. � 5. For so long as this Agreement is in effect, the HOSPITAL shall provide the CITY with a certificate of insurance showing the CITY as an additional named insured and with coverage sufficient to provide for the indemnification required in Section 4 hereof, as approved by the CITY'S Risk Manager. 6. This Agreement my be amended at any time by written agreement of the CITY and the HOSPITAL. 7. This Agreement is intended by the HOSPITAL and the CITY to be a covenant running with the land,and is binding on the heirs, successors and assigns of the HOSPITAL and the CITY.