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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 Improvements
<br />are located within City rights-of-way, Developer will obtain a single on-going revocable
<br />encroachment permit from City in order for Developer to perform its obligations under this
<br />Agreement. Such an encroachment permit will set forth the terms and provisions upon
<br />which Developer has a right to enter onto such rights-of-way in order to perform
<br />maintenance, inspection, repair and, if and when necessary, replacement services
<br />(collectively, "Maintenance Services"). The encroachment permit will include the following
<br />terms and conditions:
<br />8.1 Permitted Uses. Developer may enter upon such Improvements as are
<br />located within City rights-of-way, and may temporarily block reasonably necessary
<br />portions of the adjoining street surfaces, solely for the purpose of performing
<br />Maintenance Services, and incidental purposes thereto, such as operating
<br />equipment and storing materials during the period maintenance services are being
<br />performed (collectively, "Activities"). Developer will not use such areas for any
<br />other purpose.
<br />8.2 Insurance.
<br />a. General Liability. Developer shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office
<br />form CG 00 01, in an amount not less than Two Million Dollars
<br />($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general
<br />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-
<br />contributory, and be endorsed using Insurance Services Office form CG
<br />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
<br />additional insured, ISO form CG 20 37, is also required.
<br />b. 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).
<br />Developer shall submit to City, along with the certificate of insurance, a
<br />Waiver of Subrogation endorsement in favor of City, its officers, agents,
<br />employees, and volunteers.
<br />REV: 05-01-25 VR
<br />ATTY/AGR.2025.094/879 Vista Drive Partners, LLC (879 Vista Dr (Lot 2) (Page 5 of 13)
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