Access Easement - Fisher Matthews PLLC - Access to Dollar General Property

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and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by the parties hereto, BTS and the City do hereby covenant and agree as follows: I. Benefited Parties/Binding Effect, The rights, easements and obligations established in this Agreement shall be for the benefit of the parties and shall run with the land and be binding upon the parties. The parties may delegate the right to use and maintain the easement granted herein to its employees, agents, contractors and licensees, successors and assigns. 2, Sanitary Sewer Easement in Favor of the_City. BTS hereby grants and conveys to the City, a non-exclusive, perpetual easement, for the right to enter upon an approximately fifteen foot (15') wide portion of the BTS Tract, being depicted on Exhibit "B" as the "Sanitary Sewer Access Easement", to provide access to the existing sanitary sewer manhole located in the US-31 right-of-way, near the northwest corner of the BTS Tract. 3. No Interference. The City accepts this easement and right-of-way granted hereto and covenants and agrees that in no event shall the City's activities prevent BTS from operating its use on the BTS Tract. 4. Insurance. The City shall provide BTS with proof of personal injury/property damage insurance in the form of a certificate of insurance in the amount of at least $1,000,000.00/$1,000,000.00 from time to time upon request. The insurance set forth herein may be carried in any combination of primary and excess liability policies so long as the total insurance coverage meets the requirements of this Paragraph 4. 5. Indemnification. The City shall pay and protect, defend, indemnify and hold harmless BTS, its successors, and assigns from and against any and all claims, demands, liabilities, losses, lawsuits, judgments, settlements, damages, costs and expenses (including, without limitation, attorneys' fees and costs) suffered or incurred by BTS, its tenants, agents, servants, employees or invitees as a result of any personal injury, death, or property damage arising from the negligent or willful acts or omissions of the City, its agents, servants or employees during the City's use of the BTS Tract. 6. Extent of Liability. The City agrees that any claim against BTS shall be confined to and satisfied only out of, and only to the extent of, BTS's interest in the BTS Tract, as such interest is constituted from time to time. Nothing contained in this paragraph shall limit or affect any right that any party might otherwise have to seek or to obtain injunctive relief or to specifically enforce the rights and agreements herein set forth. 7. Duration. The provisions of this Agreement shall run with and bind the land described herein and shall be and remain in effect perpetually to the extent permitted by law.