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replace such Improvements at Developer's expense. Developer agrees to pay City <br />upon demand all charges and costs incurred by City for such maintenance, repair <br />and replacement work. Until so paid, City will have a lien on the Property for the <br />amount of such charges or costs, which lien will be perfected by the recordation of <br />a "Notice of Claim of Lien" against the Property. This lien will affect all parcels <br />jointly and severally if portions of the Property have been sold. Any lien in favor of <br />City created or claimed hereunder is expressly made subject and subordinate to <br />any mortgage or deed of trust made in good faith and for value, recorded as of the <br />date of the recordation of the Notice of Claim of Lien, and no such lien will in any <br />way defeat, invalidate, or impair the obligation or priority of any such mortgage or <br />deed of trust, unless the mortgagee or beneficiary thereunder expressly <br />subordinates its interest, of record, to such lien. No lien in favor of City created or <br />claimed hereunder will in any way defeat, invalidate, or impair the obligation or <br />priority of any existing lease, sublease or easement unless such instrument is <br />expressly subordinated to such lien. <br />6.3 Legal Action. 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, <br />replace any Improvements that are the responsibility of Developer as provided <br />herein. Developer agrees that if City brings legal action to enforce its rights under <br />this Section 6, Developer will pay City all costs incurred by it, including attorneys' <br />fees and court costs, together with interest from the date City provided notice under <br />Section 6.1, at the rate of seven percent (7%) per annum. <br />6.4 Additional Remedies. Developer acknowledges and agrees that City may <br />also pursue any and all other remedies available in law or equity in the event of a <br />breach of Developer's obligations and agreements set forth herein. <br />6.5 Intention of City. Nothing in this Section 6 will be construed, either <br />expressly or by implication, as indicating City's intention to exercise dominion or <br />control 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 will defeat or <br />render invalid or in any way impair the lien or charge of any mortgage, deed of trust or <br />other financing or security instrument; provided, however, that any successor of <br />Developer to the Property or any portion thereof will be bound by such agreements, <br />conditions, restrictions, limitations and provisions, whether such successor's title was <br />acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. <br />8 Encroachment Permit', Right of Entry. To the extent that the Improvements <br />are located within City rights-of-way, Developer will obtain a single on-going revocable <br />encroachment permit from City in order for Developer to perform its obligations under this <br />Agreement. Such an encroachment permit will set forth the terms and provisions upon <br />which Developer has a right to enter onto such rights-of-way in order to perform <br />maintenance, inspection, repair and, if and when necessary, replacement services <br />(collectively, "Maintenance Services"). The encroachment permit will include the <br />following terms and conditions: <br />REV: 11-05-2021 VR <br />ATTY/AGR.2021.281/Westpoint Harbor, LLC (Page 4 of 12) <br />