Draft Smyrna Development Agreement 4.30.26
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4 under these Easements shall automatically terminate and be of no further force and effect. 2.6 Reservation by CITY and TPL/Non-Exclusive Use. All right, title, and interest in and to any easement area under these Easements which may be used and enjoyed without interfering with the rights conveyed by these Easements are reserved by the CITY, provided, however, that the CITY shall not construct or maintain any improvements which may cause damage to or interfere with the Site Work to be placed on the Project Site. 2.7 Waiver of CITY Fees. CITY agrees to waive any CITY fees, permitting and otherwise, that may be associated with the Project. 2.8 Encroachments in the Project Sites and Easement Areas. CITY shall notify adjacent property owners of fence lines, storage containers, personal property or any other structures encroaching on the Project Site and Easements and demand removal of same. If the owner fails to remove the encroaching item(s), CITY shall remove the item(s). 2.9 Additional Land Acquisition. If it becomes necessary to acquire additional land to accommodate the design of the Project, the CITY will contact landowners to negotiate and purchase the real property interest (easement or fee simple) needed to complete the Project. 3. Perpetual Public Access. The CITY hereby agrees that upon completion of the trail improvements, the CITY shall maintain and manage the trails so as to allow the general public the right to use and enjoy the trail. Nothing in this provision shall prevent the CITY from regulating use of the trail, posting and enforcing use rules, or temporarily closing the trail or portions thereof for maintenance, repair or in the event of an emergency for the protection of life and safety. This clause shall survive the term of this Agreement. 4. Indemnity, Liability, and Liability Insurance. TPL shall conduct its activities subject to this Agreement so as not to endanger any persons or property therein. TPL shall indemnify, save, and hold harmless and defend the CITY, and all of its officers, agents, and employees from any and all claims resulting from losses, injuries, damages, and liabilities to persons or property resulting, wholly or in part, from acts or omissions of TPL, including acts or omissions of its agents, officers, and employees, to the full extent of its insurance coverage provided within this section. Notwithstanding the foregoing, the TPL shall not be liable (or held to indemnify) liability arising from and caused by any act or omission of the County. During the term of this Agreement, TPL shall, at TPL’s expense, purchase and maintain, or cause to be purchased and maintained, for the benefit of the County, a policy or policies of Commercial General Liability Insurance, issued in the name of the TPL or the general contractor hired by TPL to install the Site Work, and naming the CITY, as an additional insured, with limits not less than One Million ($1,000,000.00) Dollars for injury to and/or death of any one person in a single occurrence, and not less than One Million ($1,000.000.00) Dollars for injury to and/or death of more than one person in a single occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property in a single occurrence. Said insurance policy shall include contractual liability coverage which shall recognize and include the indemnification provisions of this Agreement. TPL agrees that, in the event TPL contracts with a third-party or third-parties (“TPL’s Vendors”), TPL shall require that its vendors shall have adequate insurance at all times at TPL’s