RecDoc2023-063041 Easement and Maintenance Agreement Broadway Plaza

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provided. If the alleged failure is cured within the time provided above, then no default shall exist, and the City shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a default shall exist under this Easement Agreement and the City may bring any action at law or in equity to enforce the terms of this Easement Agreement against Developer (with respect to defaults occurring during Developer's period of ownership). In addition, if the default is the failure to meet the Maintenance Standards set forth in Section 3 above, the City, in addition to its other rights and remedies, may enter and perform or cause its agents and contractors to enter the Easement Area and perform the required maintenance and City costs shall be reimbursed by Developer within thirty (30) days of billing by City or City may record a lien or place the amount owed as a special assessment against the Property in the amount of the work performed. 5. Term. This Agreement will commence immediately upon the Effective Date and will continue in perpetuity until and unless terminated by an agreement executed, acknowledged and recorded by the City. 6. Insurance. Developer shall obtain and maintain insurance against claims for injuries to persons or damage to property which may arise out of any manner including (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the Easement Area, or any part thereof, whether such injury, death, damage or destruction is caused by the person or property of the Developer, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". 6.1 Coverages and Limits. Developer, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Developer's indemnification obligations under this Agreement. 6.1.1 Commercial General Liability Insurance. Developer shall maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 6.1.2 Business Automobile Liability Insurance. Developer shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non -owned automobiles. 6.1.3 Workers' Compensation and Employer's Liability. Insurance. Developer shall maintain coverage as required by the California Labor Code and Employer's Liability limits with limits not less than $1,000,000 per each accident for bodily injury or disease. The Worker's Compensation policy shall contain an REV: 04-19-2023 JB ATTY/AGR.2023.085/SI XX, LLC (Broadway Plaza Easement and Maintenance Agreement) (Page 4 of 31)