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RecDoc 2020-036921 1180 Main Street
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RecDoc 2020-036921 1180 Main Street
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Last modified
4/26/2022 10:16:40 AM
Creation date
4/26/2022 10:16:01 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Landscape Maintenance Agreement
Doc Num
2020-036921
Rec Date
4/23/2020
Address
1180 Main Street
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e. Intention of City. Nothing in this Section 6 will be construed, either <br />expressly or by implication, as indicating City's intention to exercise <br />dominion or control over the Improvements. <br />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 Site or any portion thereof will be bound by such agreements, conditions, <br />restrictions, limitations and provisions, whether such successor's title was acquired by <br />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 />Insurance. <br />i. General Liability. Developer shall maintain commercial <br />general liability and excess liability insurance with coverage at least as <br />broad as Insurance Services Office form CG 00 01, in a combined amount <br />not less than Two <Million Dollars ($2,000,000) per occurrence, Four Million <br />Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, <br />and property damage, including without limitation, blanket contractual <br />liability and coverage for explosion, collapse and underground property <br />damage hazards. Developer's general liability policies shall be primary and <br />non-contributory, and be endorsed using Insurance Services Office form <br />CG 20 10 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, is also required. <br />REV: 02-18-207.0 PR <br />ii. Workers' Compensation. At any time Developer has direct <br />employees, Developer shall maintain Workers' Compensation Insurance <br />DocAt3B..9��m�flri2���cge,€)f 14 <br />
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