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ATTY/AGR/2016.158/CENTRUM OWNERS ASSOCIATION-LMA <br />REV: 06-22-16 JS <br /> <br />Page 5 of 10 <br />No lien in favor of the City created or claimed hereunder shall in any way defeat, invalidate, or <br />impair the obligation or priority of any lease, sublease or easement unless such instrument is <br />expressly subordinated to such lien. <br />(c) Legal Action. The City may bring legal action to collect the sums due as <br />the 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 <br />agrees that if the City brings legal action to enforce its rights under this Section 6, the Developer <br />shall pay the City all costs incurred by it, including attorneys’ fees and court costs, together with <br />interest from the date the City provided notice under Section 6.a, at the rate of seven percent (7%) <br />per annum. <br />(d) Additional Remedies. The Developer acknowledges and agrees that the <br />City may also pursue any and all other remedies available in law or equity in the event of a breach <br />of the Developer’s obligations and agreements set forth herein. <br />(e) Intention of City. Nothing in this Section 6 shall be construed, either <br />expressly or by implication, as indicating an intention of the City to exercise dominion or control <br />over the Improvements. <br />7. NO IMPAIRMENT OF LIEN. No violation or breach of the agreements, <br />conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render <br />invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing <br />or security instrument; provided, however, that any successor of Developer to the Property or any <br />portion thereof shall be bound by such agreements, conditions, restrictions, limitations and <br />provisions, whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, <br />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, <br />the Developer shall obtain a single on-going revocable encroachment permit from the City in order <br />for the Developer to perform its obligations under this Agreement. Such an encroachment permit <br />shall set forth the terms and provisions upon which the Developer has a right to enter onto such <br />rights-of-way in order to perform maintenance, inspection, repair and, if and when necessary, <br />replacement services (collectively, “Maintenance Services”). The encroachment permit shall be <br />issued on the following terms and conditions of this 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 <br />of the adjoining street surfaces, solely for the purpose of performing Maintenance Services, and <br />incidental purposes thereto, such as operating equipment and storing materials during the period <br />maintenance services are being performed (collectively, “Activities”). The Developer shall not <br />use such areas for any other purpose. <br />(b) Insurance. The Developer shall obtain and deliver to the City, at no cost to <br />the City, certificates of commercial general liability insurance which indicate that the City, its <br />elective and appointive boards, commissions, officers, agents and employees are covered as <br />6.1.K. - Page 38