RecDoc 2014-030716 LMA One Marina Parcel 3

Browse Search

4. PERMTTS AND APPROVALS. To the extent that perfornlance of the Maintenance Services or other Activities requires permits or governmental �pprovals, the Develaper shall, at its sole cost and expense, ebtain such permits and approvals. The City shall issue encroachment permits, from time to rime,on the tern�s set forth in Section 8 above. 10. TERM. Tius Agreement shall commence immediately upon the Effective Date snd shall continue in perpetuity until and unless terminatod by tbe City. 11. �EMNIFICATION. The Developer shall indemnify, defend �nd hold the City, its Council, boards, offices, commissions, agents and employees harmless from liens, claims, demands, actions, causes of action, obligations, li�bilities, damages, losses, costs and expenses, including reasonable attorneys'fees(individually,"Claims"and collectively,"Claims"),wluch may arise fram or in any manner relate to any work performed or services provided under this Agreement by the Developer,or the Developer's contractors, subconttactors, �gents or employees, including, but not I'united to, the performance of the M�intenance Services or other Activities. Notwithstanding the forgoing, the Developer shall not be obligated under tlus Agreement to defend and/or indemnify the City to the extent that any Claim is caused by the gross ne�ligence or willful misconduct of the City or its �gents or employees. The aforementioned indemnity sh�ll apply regardless of whether or not the City has prepared, supplied ar approved plans and/or specifications for the Improvements and regardless of whether �tty insurance required under this Agreement is applic�ble to any Claims. 12. j�ALTI.T. The failure to maintain the Improvements will constitute�n eveat of default. Upon such event of default, the City�hali provide written notice to the Developer. U�n receipt of the written notice,the Developer shall have thirty(30) days to remedy such event of default(or such longer period of time $s may reasonably be required, grovided that the Developer shall commence to remedy such default within thirty(30)days period and thereafter diligently prosecute such remody to comp�etian). If the Developer fails to remedy the event of default within the prescribed time period,the City shall have the right to do all worlc necessary to remedy the event of defsult and charge the Develaper achial costs incurred by the City for such work. 13. �1.SSIGNMENT BY CITY. The City shall have the right at its option to assign its rights and obligations under tlus Agreement to a municip�l services district or other public agency without consent of the Developer. 14. AGREEMENT ATTACHES TO LAND .AND BINDS DEV�LOPER'S SUCCESSQRS AND ASSIGNS. This Agreement pertains to and runs with the Praperty in perpetuity, and sha11 be recorded against the Property. Thi� Agreement binds the assigns and successors-in-interest of the Developer,including any transferee of a fee interest in any lot located within the Properiy. Tho City�nd its successors and assigns,in the event of any breach of ttus Agreement,shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings against the Developer or its permitted successors and assigns to enforce the curing of such breach. 15. A,SSIGNMENT HY DEVELOPER. The Developer may assign its obligations under this Agreement only with the prior written�pproval of the City. In connection with�ny such assignment,the Developer and its assigaee shall execute and deliver to the City a written assignment and assumption agreement in a form�cceptable to the City Attorney. The Developer may sell and/or grant the fee interest of lots/ututs or common atea located on the Praperty�nd to thereby transfer all of its obligitions un�r this Agreement to its successors. Upon the sale and/or grant of a fee interest in a p�rticul�r lot or ATTY/AGR/2014.032/ONE MARINA FINAL PHASE—LANDSCAPE AGREEMENT REV:03-14-14 VR Paps 3 of 7 ATTY/AGR.2014.032/One Marina Final Phase-Land��pe Agreement