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6.1.J. - Page 26 a La�al Action. The City may bring legal action to cflllect t�e sutns due as the result of expending pubIic monies to maintain, repair and, if and when necessary, replace any Improvements which are the responsibility of the Developec as provided �erein. The Developer agrees that if the City brings legal action to enforce its rights under this Section b, the Developer shall pay the City all costs incurred by it, inciuding atto��eys' fees and court costs, together with interest from the date the City provided notice under Seotion 6.a,at the rate of seven percent('1%)per annum. d. Additional Remedies. Tl�e Developer acknowledges and agrees that tha City may a�so pursue any and all other remedies available in law or equity in the event of a 6reach of the Developer's obl�gations and agreements set forth harein. e. In�ention of Citv. Nothing in this Section 6 shall be construed, either expressly or by implicatinn, as indieating an intention of the City to exercise dominion or cantrol over the �nr�px•ovements. 7. NO IMPA�RN�NT OF LTEN. No vialatio� or breach af t�.e agreements, conditians, restrictio�s,provisions or limitations cantained in this Agreement shall defeat or render invalid or in any way impair the lian ar charge of any mortgage, deed of trust or other finanoing or sece�rity insi�.iment; provided, however, that any successor of D��veloper to the Site or any portion thereof shail be bound hy such agreements, conditions, restrictions, limi#ations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure,t�ustee's sale or otherwise. S. ENCROACIIlVIENT PERMIT; RIGHT OF ENTRY. T�e Developer and the City acknowledge that, to the extent that the Itxzpt•ovements are located within the City righ�s-of way, the Developer shall obtain a single on-going revocable encroachment permit from the City in order for the Develaper to perform its obligatians under this Agreetnent. Such an encroachment permit shall set forth the terrns and provisinns upon vvhich the Develaper has a righ�to enter onto such rights-of vvay in arcier to perform tnaintenaz�ce, inspectio�, repair and, if and when necessary, replacement serviees (collectively, "Mai�tenance �ervices"}. The encroachment pez-tnit shall be issued on the terms and conditions of this Agreement, a. Permitted Uses. The Developer may enter upon such Improvements as are looated within� t1�e City rights-of-way, and may temporarily biock :reasanably necessary por�ions of the adjoining street s�arfaees, solely for the purpase af performing Maintenance Se�-vices, and incidental p�rposes thereto, such as operating equipment and storing rnaterials duri ng the period maintenar�ce services are being perfarmed (collectively, "Activities"}, The Developer shall not use such areas for any other puipose. b. Insura�ce. The Developer shall obtain and deliver to the City, at no cost to the City, oerti�cates of commercial general liability insurance which indicate that tlae City, its elective and appointive baards, camrnissions, offieers, agents and employess are covered as additional i�.s�reds under all insuranca policies m�ain�tained for perfor�nance of the Maintenance Services and other Activ�ties by(i} the Develaper or (ii} any contractor or subcontractor directly or indirectly employed by the Der�eloper to perform any Maintenance Services or othe�•Activities. Each of these policies shaii also provide that na cancellation, rnajor change in coverage, or expiration may be affected by the insurance company or the insured d�ring the time of performance of the Maintenance 5ervices and other Activities, without £'u•st giving to the City thirtiy (30) days`written�otice prior to the effective date of such cancellation or change in coverage. The Developer shall not pe�rnit any contractar or subcontractor to commence or continue performing Maintenance Ser�ices or ot�er Activities until the certificates or any substitute certificates have besn approved by#he City's Risk Manager. ATTYIAGR12012.06212580 ECR{URBAN HOIJSING}LAN�SCAPE MAINT�NANCE AGREEMENT REV:Q$-Q�}-12 VR Page 4 0#3