Resolution Zoning 14-Z-141 - Laserfiche WebLink

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CFN: 20170289515 BOOK 30543 PAGE 5000 The Easements, any and all public amenities, and all improvements which may be constructed on the Easements from time to time, shall be maintained by the fee owner of such Easements, and their successors and assigns, in good condition and in a safe, clean and attractive manner and to a standard reasonably acceptable to the City Manager. After any landscape or other installation within the Easements or any subsequent repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as applicable, as near to its original conditions as may be possible, all within a reasonable time after the installation, repair and or maintenance of such activity described above. In the event that Owner, or its successors or assigns, as the case may be, fails to restore or commence restoration and diligently pursue same, after receipt of thirty (30) days' written notice from City to Owner, or its successors or assigns, as the case may be, of such failure, then the City may restore the Easements to their required condition (the "City's Right to Restore") and thereafter the then Owner of the affected Easement shall reimburse City for the reasonable actual costs of such restoration within thirty (30) days following receipt by such Owner of a reasonably documented invoice (the "Invoice") for same. In the event reimbursement is not received by the City within the required time, City may then place a lien against the affected portion of the Property for the cost as documented in the Invoice. Grantor agrees that the City's lien shall be on a parity with special assessment liens and superior to all other liens excepting those of taxing authorities (C) Insurance Owner, for itself and its successor and assigns, has agreed, to self -insure for the type and not less than the amount of insurance required below, during the term of this Declaration. In the event Owner, including its successor and assigns, determines to no longer self -insure during the term of this Declaration, insurance coverage in the type and not less than the amount provided below shall be purchased by Owner, including its successor and assigns, and a Certificate of Insurance shall be provided to the City's City Manager prior to such termination of the self- insurance. For so long as Owner is a publicly reporting company and submits quarterly 10-Q and annual 10-K filings to the Securities Exchange Commission, the City shall look to such filings for proof that Owner has sufficient resources to support its self-insurance in the amount set forth below; provided, if Owner ever ceases to be a publicly reported company, Owner shall provide written proof of Owner's resources to the City to support self-insurance and compliance with the insurance amount below. For purposes of this Declaration, Owner's resources shall be deemed sufficient as long as Owner's net worth is at least $100,000,000. If Owner is no longer self -insured, the Owner, and its successors and assigns in and to the portion of the Property subject to the Easements, shall procure and maintain Public Liability Insurance on a comprehensive basis in an amount not less than One Million Dollars combined single limit and an aggregate of not less than Three Million Dollars for bodily injury and property damage arising from Owner's negligence or willful misconduct in the maintenance and operation of the Easements. The policy shall list the City as an additional insured. The policy shall include Products Liability coverage if and when applicable. No modification, change, or cancellation of insurance shall be made without thirty (30) days written advance notice to the City Manager with a copy to the City Attorney. The Public Liability Insurance coverage shall include those classifications as listed in Standard Liability Insurance Manuals, which are applicable to the operations of Owner, its successor and assigns in the performance of this Declaration. All insurance policies required above shall be issued by companies authorized to do