RecDoc2023-063041 Easement and Maintenance Agreement Broadway Plaza

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Developer or any of the Developer's Agents or Invitees as the result of damage or loss to property or injury or death to any such person arising on the Easement Area or out of the Developer's use of the Easement Area, except the City shall be liable for damages to the Easement Area caused by the sole negligence or willful misconduct of the City. 8. Miscellaneous Provisions. a. Entice Agreement, Amendments, Recitals. This Easement Agreement contains the entire understanding and agreement of the Parties. This Easement Agreement may be altered, amended or modified only by an instrument in writing, executed by the City and Developer, or fee title owner of the Property. All recitals set forth above are incorporated by reference into this Easement Agreement. b. Counterparts. This Easement Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. C. Recitals; Attachments. The Recitals above and Attachments attached hereto are incorporated herein by reference d. Binding on Successors and Assigns. Developer's Property is to be burdened by, and City is to be benefited by, the provisions of this Easement Agreement pertaining to the grant of Easement, and such Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the foregoing easements, limitations, restrictions, obligations and conditions. All provisions of this Easement Agreement shall run with the land and be binding upon all parties having or acquiring any right, title, or interest in the Easement Area (and, consistent with Recital A, such parties shall be deemed to be the Developer during their respective periods of ownership of the Property) and shall be binding upon and inure to the benefit of the City and its and their successors and assigns. e. Partial Invalidity. If any term or provision of this Easement Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Easement Agreement shall be valid and shall be enforced to the extent permitted by law. f. Not a Public Dedication. Except as expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Easement Area or any other portion of Developer's Property to the general public or for any public purpose whatsoever, it being the intention of the parties that this Easement Agreement shall be limited to and for the purposes herein expressed. REV: 04-19-2023 JB ATTY/AGR.2023.085/SI XX, LLC (Broadway Plaza Easement and Maintenance Agreement) (Page 6 of 31)