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that if the City brings legal action to tnforce its rights under this Section 6, the Dev�loper shall pay the <br /> City all eosts incutred by it,ineluding attumeys'fees and court costs,together with interest from the dat� <br /> the City provided notice under Sxtion 6.a,at the rate of seven percent(7%)per annum. <br /> d. ,Additional Remedies. 'The Developer aclmowledges and agre�s that the City <br /> may also pur�ue any and all other nmedies awailablo in law or equity in the event of a breach of the <br /> D�veloper's obligations and agreemeats set forth hcrein. <br /> e. Intention�f Gitv. Nothing in this Soction 6 shall be construed, either expressly <br /> or by implication, as indicating an inteation of the City to exercise dominion ar control ovtr the <br /> Improvements. <br /> 7. NO IlVIPAIRMENT OF LIEN. No violatioa or breach of the agreements, conditians, <br /> re�trictions,provisions or limitations coatained in this Ag�+eernent shall defeat or render invalid or in any <br /> way impair thc lien or charge of any mortgage, deed of t�ust or other fina.ncing or security instn�ment; <br /> provided, however, that any successor of Developer to the Site or any portion thereof shall be bound by <br /> such agrtements, conditions, restrictions, limitations and provisions, whether such successor's title was <br /> acquired by foreclosur�,deed inlieu of foreclosure,t�tee's sale ar otherwise. <br /> 8. ENCROACHMENT P�RMTT; R.IGHT OF ENTRY. The Developer and the City <br /> acknowledge thr�t, to the extent that the Improvemrnts are loc�tcd within the City right�-of-way, the <br /> Developer shall obtain a single on-going revocabk encroachmcat permit from the City in orci�r for the <br /> Developer to perform its obligations under this Agrament. Such an encraachment permit shall set forth <br /> the terms and provisions upon which the Developer has�right to cnter onto such rights-of-way in order to <br /> perform maintenance, inspection, npair and, if and when necessary, replacement services (colleetively, <br /> "Maintenance Services"). Tho encroachment permit shall be issued on the terms and conditions of this <br /> Agreement: <br /> a. Penmittai Uses. The Dtvelop�r may enter upon such Improvcments as are <br /> located within the City rights-of-way, and m�y temporarily block reaso�ably necessary porticrns of the <br /> adjoining street surfaces, solely for the putpose of performing Mainteaar�ce Services, �nd iacidental <br /> purposes thereto, such as oparatin� equipmcnt and storin� materials during the period mainten�nce <br /> services are bein�performed(collectively,"Activities"). T'he Developer shall not use such areas for aay <br /> other purpose. <br /> b. Insuran„�. 'The Developer ahall obtain and deliver to the City, at no cost to the <br /> City, certificates of commercisl general liability insurance which indicate that the City, its elective and <br /> appointive boards,commissions, officers,agents and employees are covered as additio�l insureds under <br /> all insuraace policies maintained for performanco of the Maintenance Serviees aad other Activities by(i) <br /> the Developer or(ii)any contractor or subcontractor directly or indirectly employed by the Developer to <br /> perform any Maintenanct Services or other Activities. Each af these policies sh�lI also provide that no <br /> eancellation,major chaag�e in eoverage, or expiration may be affected by the insurance company or tho <br /> insured during the time of perfornyance of the Maintenance Services a�i othtr Activities, withaut 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 Dev�eloper shall not pormit any contractor or subcoatractor to commence or contin� <br /> performing Maintcnance Services or other Activities until the ccrtificatcs or any substitute certificates <br /> have been approved by the City's Risk Managcr. <br /> Page 4 of 9 <br /> REV:01-2&16 VR <br /> ATTY/AGR.2016.�15/RWC ECR Ventu�, LLC-LMA <br />