AgdaPkt 2012-06-25 - Laserfiche WebLink

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6.1.1. - Page 28 d. Additional Remedies. The Developer acknowledges and agrees that the City may also pursue any and all other remedies available in law or eq�ity in the event of a breach of the Developer's obligations and agreements set forCh herein. e. Intentian of Citv. Nothing in this Section 6 shall be construed, eithe�• expressly or by implicatian, as indicating an in#ention of t�e Ciiy to exercise daminion or control over the Improvements. 7. NO IMPAIRIV�NT OF LIEN. No violation or breach of the agreements, conditions, restrictions, provisions or limitations contained in this Agreement shalt defeat or render invalid or in any way innpair the lien or charge of any m�ortgage, deed of trust or other financing ar sec�►rity instrument; provided, however, that any successor of Daveloper to the Site or any portion thereof shall be bound by such agreements, conditions, restrietions, Iimitations and pro�visions, r�vhethar s�ch successor's title was acquired by foreclosure,deed in lieu of foreciosure,trustee's sale or otherwise. 8. ENCROACHMENT PERMIT; RIGHT OF ENTRY. The Developer and the City acknowledge that, fo the extent that the 7mprovements are located within the City rights-of-way, the Developsr shalI obtain a single on-going revocahle enc�•oachnr�ent per�mit�i•om the City in arde�• for the Developer to perforrn its obligations under this Agreement. Such an encroacl�ment permit shali set forth the terms and provisions upon vvhich the Developer has a right to enter onto such rights-of way in ox•der to perform maintenance, inspection, repair and, if and whe� necessary, replacement services (collectively, "Maintenance Services"). The encroachment permit shall be issued on the teiYns and conditions of this Agreement: a. Permitted Uses. The Developer may e�ter upan such Improvements as are located within fhe City rights-of-way, and may temporarily black reasonably necessaiy portions of t�e adjoining street s�rfaces, solely for the purpose of performing Maintenance Serviaes, and i�cidental purposes thereta, such as opera�ing eguipment and storing materials during the period maintenance services are t�eing perFoi�ned(collectively, "Activities"). The De�veloper shaIl not use suc� areas fo�•any other purpose. b. Inst�rance. The Devalopar shali obtain and deliver to t�e City, at z�o cost to the Ci#y, certificates af cammercial general Iiability insurance which indicate that the City, its elective and appaintive boards, comrnissions, officers, agents and employees are covered as addition�al irns�reds under alI insurance policies m.aintained for performance of the Maintenance 5ervices and other Activities by (i) the Developer or (ii} any contractor or subcont�•actor dit•ectly or indit•ectl� employed by tha De�+elopsr ta parform any Maintena�ce Sarvioes or other Activities. Each o�these policies shall alsa pravide that no cancellation, major change in coverage, or expiration may be affected by the insurance company or the insured d�aring the time of perFarmance of t�e Maintenance Se�rvices and other Activities, without first giving to the City thii�ty{30) days'writte�notice prior to the effective da#e of s�ch cancellation or change in coverage. The Developar shall not partnit an� cor�tractor ar subcantractor to commence or cantinue perfo�itag Maiz�tenance Services or ather Activities �ntil the certificates or any substitute certificates have baen approved by the City's Risk Manager. 9. PERMITS AND APPROVALS. To the extent that per�'ormance of the Maintenance Seiwices or other Acti�vities requires permits or governzxxental appravals, the Developer shall, at its sole cost and expense, obtain stteh pei�nits and approvals. The City shall issue encroachment permits, from time to tirne, on the tei�rns set forth in Section 8 above. 10. TERM. This Agreement shall commence immediately upon the Effective Date and shall continue in perpetuity until and unless terminated by the City. ATTYlAGR/2012.068lI..ANpSCAP�MAINTENANCE AGREEI1fIEfVT 201 �lIARSHA�� REV:Q6-Q�F-12 VR Page 4 of 9