Reso 2022-062 Vacation of Easement at 960 San Leandro Boulevard

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and secured by the apportioned lien and against no other portion of the Property. Developer acknowledges and agrees City;md Agency may also pursue any and all other rentedtes available in law or equity. Developer shall be liable for reasonable attorneys' fees, and other legal costs or fees incurred in collecting said maintenance costs (g) Compliance with Law Developer"] comply with all local, state and federal laws relating to the uses of or condition of the Property private improvements and public improvements to the curbline(s) Local laws for the purposes of this section shall include only those ordinances which are nondiscriminatory in nature and applicable to the public welfare, health, safety and aesthetics If any new local laws relating to uses of or condition of the ►mprovemerits create a condition or situation that constitutes a lawful nonconforming use as defined by local ordinance with respect to the Property or any portion thereof, then so long as the lawful nonconforming use status remains in effect (i e., until such lawful status is properly terminated by amortization as provided for in the new local law or otherwise), Developer shall be entitled to enjoy the benefits of such lawful nonconforming use pursuant to the lawful nonconforming rises ordinance. (h) Workeis Compensation Insurance Requirements Developer shall obtain and maintain during all such periods as Developer is responsible for development on the Property or for the maintenance of the Adjacent City Property workers' compensation maniahce and if any work is subcontracted by Developer, their Developer shall require the subcontractor similarly to provide workers' compensation insurance Developer agrees to itdemmfy City and Agency for any damages resulting to it from failure of ether Developer or any subcontractor to obtain or maintain such insurance. (i) Bodily injury and Damage Insurance Requirements. The Developer shall defend, assume all responsibility for and hold the Agency and the City and their officers, employees, and agents. harmless from, all claims or suits for, and damages to, property and injuries to persons, including accidental death (including attorneys fees and costs), which may be caused by any of the Developer's activities under the DDA (including without limitation the exhibits thereto), whether such activities or performance thereof be by the Developer or anyone directly or indirectly employed or contracted with by the Developer. S. Restrictions on Transfer. The Developer further agrees as follows: (a) For the period commencing upon the date of this Grant Deed and until the expiration of the use and operations covenants which are set forth in Section 3 hereof, no voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under the DDA or this Grant Deed, nor shall the Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Developer Improvements thereon, nor shall any activities other than a Conforming Office Facility be operated thereon, either in addition to or in replacement of the Confortmng Office Facility on the Property, nor shall the Developer make any total or partial sale, transfer, conveyance, assignment, subdivision of the Developer Improvements on the Property or the Conforming Office Facility without the prior written approval of the Agency pursuant to Section 5 03 of die DDA, the Developer further agrees that any right ta. transfer is subject to the provisions of this Grant Deed, including without limitation Section 7 limeof (b) The Developer shall not place or suffer to be placed on the Property any lien or encumbrance other than mortgages, deeds of trust, or any other form of conveyance required for C-6 DD(SD(,1746041v4U4238 0002