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7. NO IMPAIRMENT OF LIEN. No violation or breach of the agreements,
<br />conditions, restrictions, provisions or limitations contained in this Agreement will defeat or
<br />render invalid or in any way impair the lien or charge of any mortgage, deed of trust or
<br />other financing or security instrument; provided, however, that any successor of
<br />Developer to the Property or any portion thereof will be bound by such agreements,
<br />conditions, restrictions, limitations and provisions, whether such successor's title was
<br />acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
<br />8. ENCROACHMENT PERMIT; RIGHT OF ENTRY. To the extent that the
<br />Improvements are located within City rights-of-way, Developer will obtain a single on-
<br />going revocable encroachment permit from City in order for Developer to perform its
<br />obligations under this Agreement. Such an encroachment permit will set forth the terms
<br />and provisions upon which Developer has a right to enter onto such rights-of-way in order
<br />to perform maintenance, inspection, repair and, if and when necessary, replacement
<br />services (collectively, "Maintenance Services"). The encroachment permit will include the
<br />following terms and conditions:
<br />a. Permitted Uses. Developer may enter upon such Improvements as
<br />are located within City rights-of-way, and may temporarily block reasonably
<br />necessary portions of the adjoining street surfaces, solely for the purpose of
<br />performing Maintenance Services, and incidental purposes thereto, such as
<br />operating equipment and storing materials during the period maintenance services
<br />are being performed (collectively, "Activities"). Developer will not use such areas
<br />for any other purpose.
<br />REV: 05-26-2020 PR
<br />b. Insurance.
<br />i. General Liability. Developer shall maintain commercial
<br />general liability insurance with coverage at least as broad as Insurance
<br />Services Office form CG 00 01, in an amount not less than Two <Million
<br />Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000)
<br />general aggregate, for bodily injury, personal injury, and property damage,
<br />including without limitation, blanket contractual liability and coverage for
<br />explosion, collapse and underground property damage hazards.
<br />Developer's general liability policies shall be primary and non-contributory,
<br />and be endorsed using Insurance Services Office form CG 20 10 or
<br />equivalent to provide that City and its officers, officials, employees, and
<br />agents shall be additional insureds under such policies. For construction
<br />contracts, an endorsement providing completed operations to the additional
<br />insured, ISO form CG 20 37 or equivalent, is also required.
<br />ii. Workers' Compensation. Developer shall maintain Workers'
<br />Compensation Insurance (Statutory Limits) and Employer's Liability
<br />Insurance with limits of at least One Million Dollars ($1,000,000). Developer
<br />shall submit to City, along with the certificate of insurance, a Waiver of
<br />Subrogation endorsement in favor of City, its officers, agents, employees,
<br />and volunteers.
<br />ATTY/AGR.2020.084/Broadway Plaza - Bay Block (Page 5 of 14)
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