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• <br /> I ' <br /> • <br /> c. Legal Action. The City may bring legal • action to collect the sums due as the • <br /> result of expending public monies to maintain, repair and, if and when necessary, replace any <br /> Improvements which are the responsibility of the Developer as provided herein. The Developer agrees <br /> . that if the City brings legal action to enforce its rights under this Section 6, the Developer shall pay the <br /> City all costs incurred by it, including attorneys' .fees and court costs, together with interest from the date <br /> the City provided notice under Section 6.a, at the rate of seven percent (7%) per annum. <br /> d. Additional Remedies. The Developer acknowledges 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 IMPAIRMENT OF LIEN. No violation or breach of the agreements, conditions, <br /> . restrictions, provisions or limitations contained 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 instrument; <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, deed in lieu of foreclosure, trustee's sale or otherwise. . <br /> 8. ENCROACHMENT PERMIT: RIGHT OF ENTRY. The Developer and the City • <br /> acknowledge that, to the extent that the Improvements are located within, the City rights-of-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 with respect to performance of the <br /> • Maintenance Services (defined below), which permit shall be issued by the City upon recordation of this <br /> Agreement. Such an encroachment permit shall set forth the terms and provisions upon which the <br /> Developer has a right to enter onto such rights-of-way in order to perform maintenance, inspection, repair <br /> and, if and when necessary, replacement • services (collectively, "Maintenance Services"). The <br /> encroachment permit shall be issued on the terms and conditions of this Agreement: - . <br /> a. •. Permitted Uses. The Developer may enter upon such Improvements and <br /> Maintenance Areas as are located within the City rights-of-way, and may temporarily block reasonably <br /> necessary portions of the adjoining street surfaces, solely for the purpose of performing Maintenance • • <br /> . Services, and incidental purposes thereto, such as operating equipment and storing materials during the <br /> ' period maintenance services are being performed (collectively, "Activities"). The Developer Shall not use <br /> such areas for any other purpose. <br /> b. Insurance: The Developer or designated contractor or landscape maintenance <br /> company shall obtain and deliver to the City, at no cost to the City, certificates of commercial general <br /> liability insurance which indicate that the City, its elective and appointive boards, commissions, officers, <br /> • agents .and employees ' are covered as additional insureds under all insurance policies maintained for <br /> performance of the Maintenance Services and other Activities by (i) the Developer or (ii) any contractor <br /> or subcontractor directly or indirectly employed by the Developer to perform any Maintenance Services <br /> or other Activities. Each of these policies shall also provide that no cancellation, major 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 Activities, without first giving to the City thirty (30) <br /> days' written notice prior to the effective date of such cancellation or change in coverage. The Developer <br /> shall not permit any contractor or subcontractor to commence or continue performing Maintenance <br /> ATTY/AGR/2011.077/LANDSCAPE MAINTENANCE AGREEMENT <br /> 082911 <br /> 4 • <br /> Description : San Mateo, CA Document - Year. DocID 2011 . 115422 Page : 4 of 17 <br />