Laserfiche WebLink
fees and court costs,together with interest from the date the City provided notice under S�tion 6.a,at the <br /> rate of seven percent(7%)per annum. <br /> d. Additional Remedies. The Developer aclaiowledges and agrees that the City <br /> may also pursue any and all other remedies available in law or equity in the event of a brEach of the <br /> Developer's obligations and agreements set forth herein. <br /> e. Intention of City. Nothing in this Section 6 shall be construed, either expressly <br /> or by implication, as indicating an intention of the City to exercise dominion or control over the <br /> Improvements. <br /> 7. •NO IlvII'AIItMENT OF LIEN. No violation or breach of the agreements, conditions, <br /> restrictions,provisions or limitarions contamed in this Agreement shall defeat or render invalid or in any <br /> way impair the lien or charge of any mortgage, deed of trust or other financing or security insfiunent; <br /> provided,however, that any successor of Developer to the Site or any portion thereof shall be bound by <br /> such agreements, conditions, restrictions, limitations and provisions, whether such successor's title was <br /> acquired by foreclosure,dad in lieu of foreclosure,tivstee's sale or otherwise. <br /> 8. ENCROACHIVIENT PERMTT. RIGHT OF ENTRY. The Developer and the City <br /> acknowledge that, to the e�ent that the Improvements are located within the City rights�f-way, the <br /> Developer shall obtain a single on-going revocable encroachment permit from the City in order for the <br /> Developer to perform its obligations under this Agreement. Such an encroachment permit sha11 set forth <br /> the terms and provisions upon wluch the Developer has a right to enter onto such rights-0f-way in order to <br /> perform maintenance, inspection,repair and, if and when necessary,replacement services (collectively, <br /> "Maintenance Services"). The encroachment pernut shall be issued on the terms and conditions of this <br /> Agreement: <br /> a. Permitted Uses. The Developer may enter upon such Improvements as are <br /> � located within the City rights-of-way, and may temporarily block reasonably necessary portions of the <br /> adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental <br /> purposes thereto, such as operating equipment and storing materials during the period maintenance <br /> services are being performed(colle,ctively,"Activities'�. The De�eloper shall not use such areas for any <br /> other purpose. <br /> b. Insurance. The Developer shall,or shall require Tenant to,obtain and deliver to <br /> the City, at no cost to the City,certificates of commercial general liability inswance which indicate that <br /> the City,its elective and appoinrive boards,commissions,officers,agents and employees are is covered as <br /> additional insureds under a11 insurance policies maintained for performance of the Maintenance �ervices <br /> and other Activities by(i)the Developer, (ii) Tenant,or(iii)any conhactor or subcontractor directly or <br /> ix►directly employed by the Developer{each,a"Developer Part�')to perform any Maintenance Services <br /> or other Activities. Each of these policies sha11 also provide that no cancellation, �jor change in <br /> coverage, or expiration may be affected by the insurance company or the insured during the time of <br /> performance of the Maintenance Services and other Activiries,without first giving to the City thirty(30) <br /> days'written notice priar to the effective date of such cancellation or change in coverage. The Developer <br /> Party sha11 not perroit any contractor or subcontractor tc�commence or continue performing Maintenance <br /> Services or other Activities unril the certificates or any substitute certificates have been approved by the <br /> City's Risk Manager. <br /> ATTY/AGR/2015.03BiSunCap Redwood LLC(LMA) <br /> REV:02-20-15 VR <br /> Page 4 of 9 <br /> ATTY/AGR.2015.036/SunCap Redwood LLC(LMA) <br />