|
3
<br />City or if subsequently modified, as modified). The City shall not be responsible for, nor 84
<br />obligated to perform, such repair or replacement work. 85
<br /> 5. Grant of Easements. The Grantor hereby grants and conveys to the City, and its 86
<br />employees, agents and contractors, a perpetual, non-exclusive easement for access purposes on, 87
<br />over and across those portions of the Property upon which the City Maintained Improvements 88
<br />and public easements are located, as well as a perpetual non-exclusive easement for access 89
<br />purposes on, over and across those portions of the P roperty which are directly adjacent to the 90
<br />City Maintained Improvements and public easements which the City needs for access to perform 91
<br />City Maintenance or maintenance, repair or replacement of Private Landscaping located within 92
<br />public easements. 93
<br /> 6. Binding Effect. The terms, conditions, covenants, indemnifications and 94
<br />easements contained herein shall run with the land and shall be binding upon and inure to the 95
<br />benefit of the parties hereto and their successors and assigns. In the event of an assignment, 96
<br />transfer or other conveyance (whether voluntary or involuntary) of the fee simple ownership of 97
<br />any Lot, the fee simple owner(s) to whom such Lot is transferred shall be liable for the 98
<br />performance of all covenants, obligations, undertakings and indemnifications herein set forth 99
<br />with respect to the Lot owned, during the period of their ownership. In addition to the foregoing 100
<br />and notwithstanding anything to the contrary contained herein, the fee simple owner(s) of Lot 1 101
<br />shall be responsible for the obligations contained in Provisions 2 and 4 of this Agreement 102
<br />pertaining to Outlot A, and the fee simple owner(s) of Lot 6 shall be responsible for the 103
<br />obligations contained in Provisions 2 and 4 of this Agreement pertaining to Outlot B. In the 104
<br />event of an assignment, transfer or other conveyance of the fee simple ownership of Lot 1, the 105
<br />obligations contained in Provisions 2 and 4 of this Agreement pertaining to Outlot A shall be 106
<br />binding upon the fee simple owner(s) to whom Lot 1 is transferred, who shall be liable for the 107
<br />performance of the obligations contained in Provisions 2 and 4 of this Agreement pertaining to 108
<br />both Lot 1 and Outlot A, during the period of their ownership. In the event of an assignment, 109
<br />transfer or other conveyance of the fee simple ownership of Lot 6, the obligations contained in 110
<br />Provisions 2 and 4 of this Agreement pertaining to Outlot B shall be binding upon the fee simple 111
<br />owner(s) to whom Lot 6 is transferred, who shall be liable for the performance of the obligations 112
<br />contained in Provisions 2 and 4 of this Agreement pertaining to both Lot 6 and Outlot B, during 113
<br />the period of their ownership. 114
<br /> 7. Insurance. From and after the date hereof, the fee simple owners of each Lot 115
<br />shall, at their own expense, obtain and maintain at all times general liability insurance, in 116
<br />commercially reasonable amounts, against liability for bodily injury, death, and property damage 117
<br />resulting or arising from the acts, omissions or negligence of themselves, and their employees, 118
<br />agents and contractors, in the performance of their respective obligations under Provisions 2, 4 119
<br />and 6 of this Agreement. The City shall be named as an additional insured on said insurance 120
<br />policy obtained by the fee simple owner(s) of Lots 1 and 6 and shall, upon request by the City, 121
<br />provide evidence to the City of such insurance coverage. 122
<br /> 8. Indemnification. The fee simple owners of each Lot shall indemnify, defend and 123
<br />hold the City harmless from and against all liability, claims, damages, costs, judgments, losses 124
<br />and expenses (including costs and attorneys fees) resulting or arising from the negligent or 125
|