GS BOWERY OWNER, LLC & GS BOWERY OWNER II, LLC

Home Browse Search

10. Insurance.Prior to undertaking performance of any work under this Agreement, Developer or Successor, as applicable, shall maintain and shall require its subcontractors, if any, to obtain and maintain commercial general liability insurance naming the City as an additional insured and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death, resulting therefrom and damage to property, resulting from any act or occurrence arising out of Developer's or Successor's operations in the performance of this Agreement, including,without limitation,acts involving vehicles.The amounts of insurance shall not be less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$1,000,000 per occurrence, with $2,000,000 in the aggregate, which coverage may be satisfied through a combination of primary and umbrella or excess liability policies. To the extent broader coverage and/or higher limits than the minimum required are obtained,the requirements of this Section shall apply to such insurance policy. Such insurance shall be primary and not contributory with respect to insurance or self-insurance programs maintained by the City and contain standard separation of insureds provisions. 11. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. 12. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Successor or its property manager) as either party may designate in a written notice to the other party: To Developer: GS Bowery Owner, LLC and GS Bowery Owner II, LLC Attn: To the City: City of Santa Ana Executive Director of Public Works Agency 20 Civic Center Plaza, M-43 P.O. Box 1988 Santa Ana, CA 92702 Additionally, Developer or Successor, as applicable, shall file annually the names, addresses and telephone numbers of at least one officer, property manager, or other responsible person with the City's Public Works Agency for the purpose of contacting Developer or 5 i