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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 /> ATTY/AGR/2016.158/CENTRUM OWNERS ASSOCIATION-LMA <br /> REV: 06-22-1615 <br /> Page5 of 10 <br />