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8.A. - Page 104 <br /> prevailing Party, in addition to all other relief available to it, its reasonable attorneys' fees and <br /> costs. <br /> 5.4 Binding Effect. This instrument shall be binding on and shall inure to the benefit <br /> of Developer and City, and their respective permitted successors, assigns, heirs, executors and <br /> administrators, and shall run with the land comprising the Public Parking and the Site, and be <br /> binding upon all successor owners, lessees and mortgagees of the Site, and inure to the benefit of <br /> all successor owners of the Site and their mortgagees. <br /> 5.5 City Manager's Authority. The City Manager is hereby given the authority, on <br /> behalf of the City, to approve minor, non - substantive amendments to this Parking Agreement, <br /> and to give, condition or withhold the City's approvals as described herein, all without the need <br /> to return to the City's governing board for approval or ratification. <br /> 5.6 Subordination. At Developer's request from time to time, the City shall sign such <br /> documents as may be requested by Developer, to confirm that the City's rights under this <br /> Parking Agreement, are subject and subordinate to other encumbrances on the Site including, <br /> without limitation, deeds of trust and declarations of covenants, conditions, restrictions and <br /> reciprocal easements; provided, however, that as a condition of signing any document, the City <br /> shall be provided an agreement from the holder of the senior encumbrance that, except in the <br /> case of an Event of Default on the part of the City, the City's rights under this Parking <br /> Agreement including, without limitation, the Parking Covenant, shall not be disturbed. <br /> [Signatures on following pages] <br /> 82483.00019\9644366. 13 <br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA <br /> REV: 07 -22 -15 VR <br /> Page 63 of 102 <br />