AgdaPkt 2012-03-19 - Laserfiche WebLink

Browse Search

6.1.B. - Page 32 maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. d. Lighting maintenance shall include prompt replacement of inoperable light bulbs, repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and Electric. e. All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. f Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governmental requirements. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. CITY'S RESPONSIBILITIES Nothing contained herein shall limit the City's responsibility to maintain the structural integrity of Main Street, including asphalt and concrete paving, medians, signage, curb and gutter and underground utilities, the Main Street street lights, or any other duty or responsibility of the City relating to 333 Main Street or the surrounding property, including paying the electrical expense of operating the four new project installed pole lights and two existing cobra head lights along Main Street. 6. NO IMPAIRMENT OF LIEN No violation or breach of the agreements, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Developer to the Site or any portion thereof shall be bound by such agreements, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 7. ENCROACHMENT PERMIT; RIGHT OF ENTRY The Developer and the City acknowledge that, to the extent that the Improvements are located within the City rights -of -way, the Developer shall obtain a single on -going revocable encroachment permit from the City in order for the Developer to perform its obligations under this Agreement. Such an encroachment permit shall set forth the terms and provisions upon which the Developer has a right to enter onto such rights -of -way in order to perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively, "Maintenance Services "). The encroachment permit shall be issued on the terms and conditions of this Agreement: a. Permitted Uses The Developer may enter upon such Improvements as are located within the City rights -of -way, and may temporarily block reasonably necessary portions of the adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental purposes thereto, such as operating equipment and storing materials during the period maintenance services are being performed (collectively, "Activities "). The Developer shall not use such areas for any other purpose. b. Insurance The Developer shall obtain and deliver to the City, at no cost to the City, certificates of commercial general liability insurance which indicate that the City, its elective and appointive boards, commissions, officers, agents and employees are covered as additional insureds under all insurance policies maintained for performance of the Maintenance Services and other Activities by (i) the Developer or (ii) any contractor or subcontractor directly or indirectly employed by the Developer to perform any Maintenance Services or other Activities. Each of these policies shall also provide that no cancellation, major change in coverage, or expiration may be affected by the insurance company or the ATTY /AGR/2012.026/ LANDSCAPE MAINTENANCE AGREEMENT- 333 MAIN STREET REV:03 -08 -12 VR Page 3 of 9