Laserfiche WebLink
as a perpetual nan-exclusive easement for access purposes on, over, under and acrass thase <br />portions of such Parcels which are either impraved with roadways or maintenance paths, or <br />which lie directly adjacent to such Public Improvernents, far use by eiiher personnel or <br />equipment as needed ta perforrn the City Maiuntenamce. <br />5. Re lacement of Private Landsca in . United Froperties and the Cooperative each <br />agree that they shall repair and restore any Frivate Landscaping they are obtigated to maintain <br />and repair hereunder pzxrsuant to Faragraph 3 hereof which may be damaged or distzubed during <br />the City's performance of fhe City Maintenance consistent with t1�e condition of such datnaged <br />or disturhed improvements prior to the performance of the City Maintenance. The City shall not <br />be responsible for such work. <br />6. Insurance. �'rom and after the date hereof, United Properties and the Cooperative <br />shall each at its own expense, procure or cause to be procured and maintained at all times general <br />public liability inst�rance in commercially reasona.ble amaunts against cfaims far bodily injury, <br />death, or property da.r�age occurring on or from the use or opezation of #hose Public <br />Improvements located within the boundaries of their respective Parcels. <br />7. Catastrophe. No party hereto sha11 be Iiabie for faiIure to perform its respective <br />obligations under this Agreement when such failure is caused by fire, explosion, flood, act of <br />God or inevitable accideni, civil disvzder or disturbance, strikes, vandalism, war, riot, sabotage, <br />weather and energy related ciosings, governmentai rules or regulations, or like causes beyond the <br />reasonahle conirol of such party. <br />8. Term. The terms, conditions, coveaants, aud easements contained herein shall <br />run with the land aiid shalt be binding upon and inure to the benefit of the parties hereta and their <br />successors and assigns. <br />9. Amendmen� Modif cation or Waiver. Na alnendment, rnodification, waiver or <br />termination of any condition, provision or term af this Agreement shall be valid ar of any effect <br />unless made in writing, signed by the reeard fee awner of the Parcel to which such amendment, <br />modification, waiver or termination applies and the City and specifying with particularily the <br />extent and nature of sueh amendment, modification, termination or waiver. Any waiver by any <br />party of a.ny default af another garty hereunder sha11 not affect or impair any right arising from <br />any subsequent default. Nothing herein shall limit the remedies and rights of the parties hereto <br />under and pursuant to this Agreement. <br />1 U. Headiugs. The headings of this sections of this Agreemen# are for converaence of <br />reference anly and do not form a part hereof a.nd in na way interpret or construe such paragraphs. <br />1 l. Inte ration. To the extent ihat any landscape maintenance obligatians cantained <br />herein conflict with the Public Irnpro�ement C�ntract, the provisions of #his Ag,reement shail <br />cantrol. <br />12. Severabilitv. Yf any provision af this Agreement is held ta be unenforceable or <br />void, such provision shall be deemed to be severable and shall in no way affect the validity of the <br />remaining terms of this Agreement� <br />