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4.0 Annual Rent. The rent for this lease shall be one dollar ($1.00) payable annually <br />in'advance on September 1st of each lease year. <br /> <br /> 5.0 Use. The Property is accepted for use as a public park and will be used and <br />developed in accordance with the park development, operations and maintenance provisions <br />contained in the Park Agreement. <br /> <br /> 6.0 Utilities.. County will pay for all water, sewer and other utility charges for <br />services to the Property. <br /> <br /> 7.0 Indemnity and Insurance. County does hereby indemnify.and hold harmless <br />the City for all liability, loss, expenses, including attorney fees, and costs of any kind or nature <br />whatsoever resulting from any injuries or damage claims. County shall maintain in force during <br />the term of this lease, public liability insurance, naming City as an additional insured, with <br />coverage in an amount of no less than $1,000,000.00 per occurrence. A copy of said policy or <br />endorsement and each renewal thereof during the term of this lease shall be delivered to City. <br /> <br /> 8.0 Entry Upon Abandomnent. In the event County, at any time during the term <br />of this lease abandons the Property or any part thereof, City may, at City's option, retake <br />possession of the Property. <br /> <br />9.0 Miscellaneous. Each party to this agreement further agrees as follows: <br /> <br />9.1 Without further consideration, each party shall at any time, and from time <br />to time, execute and deliver to any other party such further documents, and take <br />such other action, as any other party may reasonably request in order to effectuate <br />the purposes of this agreement. <br /> <br />9.2 All understandings and agreements heretofore had between the parties are <br />merged in this agreement and the related agreements executed in conjunction with <br />this agreement, all of which together fully and completely express their <br />agreement, and no representations or warranties have been made by any party to <br />another party except .as are herein expressly set forth or required pursuant to this <br />Agreement and the related agreements executed in conjunction with the <br />agreement. <br /> <br />9.3 The headings in this agreement are for purposes of reference only and <br />shall not limit or otherwise affect any of the terms hereof. <br /> <br />9.4 This agreement shall be binding upon and shall inure to the benefit of the <br />parties hereto and their respective heirs, legal representatives, successors and <br />assigns. <br /> <br />9.5 If any provision of this agreement is determined by a court of competent <br />jurisdiction to be illegal or unenforceable, such provision shall be automatically <br />reformed and construed as to be valid, operative and enforceable to the maximum <br /> <br /> <br />