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Branch :NCP,User :RASH Order: 0636545 Title Officer: 00 Comment: Station Id :TPIP
<br /> City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority
<br /> of any lease, sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> c. Legal Action, The City may bring legal action to collect the sums due n 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 dale
<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 /> Developers 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, decd 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, trustees 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. Such an eneroachment permit shall set forth
<br /> the terms and provisions upon which the Developer has a right to enter onto such rights-of-way in order to
<br /> perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively,
<br /> "Maintenance Services"). The encroachment permit 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 (collectively, "Activities"). The Developer shall not use such areas for any
<br /> other purpose.
<br /> b. Insurance. The Developer shall obtain and deliver to the City, at no cost to the
<br /> City, certificates of commercial general liability insurance which indicate that the City, its elective and
<br /> appointive boards, commissions, officers, agents and employees are covered as additional insureds under
<br /> all insurance policies maintained for performance of the Maintenance Services and other Activities by (i)
<br /> the Developer or (ii) any contractor or subcontractor directly or indirectly employed by the Developer to
<br /> perform any Maintenance Services or other Activities. Each of these policies shall also provide that no
<br /> cancellation, major change in coverage, or expiration may be affected by the insurance company or the
<br /> insured during the time of performance of the Maintenance Services and other Activities, without first
<br /> giving to the City thirty (30) days' written notice prior to the effective date of such cancellation or change
<br /> in coverage, The Developer shall not permit any contractor or subcontractor to commence or continue
<br /> ATTYIAGR,2013.04B/LANDSCAPE MAINTENANCE AGREEMENT- ONE MARINA- BAIR ISLAND RD PHASE 2
<br /> REV: 04-02.13 VR
<br /> Paga 4 at
<br /> SAN MATEO,CA Page 4 of 11 Printed on 10/30/2014 8:59:45 AM
<br /> Document: AG 2014.17375
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