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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 /> hnprovements. <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, 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 encroachment 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 /> performing Maintenance Services or other Activities until the certificates or any substitute certificates <br /> have been approved by the City's Risk Manager. <br /> ATTY/AGR/2015. 128/ 718 CANYON LANDSCAPE MAINTENANCE AGREEMENT <br /> REV: 06-22-15 VR <br /> Page 4 of 8 <br />