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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 ally <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 Cit provided notice under; Section 6.a, at the rate of seven percent % 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 />. Intention of Q y. 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 />h piovements. <br />7. NO HvIPAIRMENT of MEN. No violation or breach of the agreements, conditions, <br />r•estr ;fiction , provisions or limitations contained in this Agreement shall defeat or render invalid or in any <br />way impair the lien or charge of any moilgage, deed of trust or other financing or security instrument; <br />provided, however, that any successor of Developer to the Site or any poilion 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, 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 Cit rights -of =-way, the <br />Developer skull obtain a single ors -going revocable encroachment perinit ftom the City in order for the <br />Developer to perforin its obligations under this Agreement with respect to performance of the <br />Maintenance Services (defined below), which permit shall be issued by the City upon recordation of this <br />Agreement. Such an encroachment permit shall set forth the terms and provisions upon which the <br />Developer has a right to enter onto such rights- of-way in order to perform maintenance, inspection, repair <br />and, if and when necessary, replacement services (collectively, "Maintenance Services"). The <br />encroachment permit shall be issued on the terms and conditions of this Agreement: <br />a. Permitted Uses. The Developer may enter upon such Improvements and <br />Maintenance Areas as are located within the City rights-of-way, and may temporarily block reasonably <br />necessary portions of the adjoining street surfaces, solely for the purpose of perfminhig Maintenance <br />Services, and incidental purposes thereto, such as operating equipment and storing materials during the <br />period maintenance services are being performed (collectively, "Activities"). The Developer shall not use <br />such areas for any other purpose. <br />. Insuran The Developer or designated contractor or landscape maintenance <br />company shall obtain and deliver to the City, at no cost to the City, certificates of commercial general <br />liability insurance which indicate that the City, its elective and appointive boards, commissions, officers, <br />agents and employees are covered as additional insureds under all insurance policies maintained for <br />performance of the Maintenance Services and other Activities by i the Developer or ii any contractor <br />or subcontractor directly or indirectly employed by the ]developer to perform any Maintenance Services <br />or other Activities. Each of these policies shall also provide that no cancellation, major change in <br />coverage, or expiration may be affected b y the insurance company or the insured during the time of <br />performance of the Maintenance Services and other .Activities, without first giving to the City thirty (30) <br />days' written notice prior to the effective date of such cancel Iation or change in coverage. The Developer <br />shall not permit any contractor or subcontractor to commence or continue perforrming Maintenance <br />ATTY/AGR/2011.077/LANDSCAPE MAINTENANCE AGREEMENT <br />082911 <br />4 <br />