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6.1.J. - Page 27
<br /> 9. PERM�TS AND APPROVALS. Ta the extent tl�at performance of the Maintenance
<br /> Services or other Activities requires permits or governmental approvals, the Developer shall, at its sole
<br /> cost and expense, abtai� such per�nits and approvals. The City shall issue encroachment permits, frorn
<br /> tima to ti�ne,on the terms set forth in Section 8 abo�e,
<br /> 10. TERM. This Agreement shall commence irnmadiately upon the Effective Date and shall
<br /> contin�ze in perpetuity untit and unless terminated by the City.
<br /> Il. INDEMNIFICATION. The Developar s�all indemnify, defend and hald the City, its
<br /> Cour�cil, boards, of�ces, commissions, agents and employees harmiass from liens, clai�ns, detnands,
<br /> actio�;s, causes of action, obligations, liabilities, damages, losses, costs a�d expen�es, including
<br /> reasonable attorneys' fees(individually,"Claim.s" and collectively,"Claim.s"),which may axise frona or in
<br /> any manner rrelate to any work p�rfortned or services provided under this Agreement by the Developer,or
<br /> the Developer's contractors, subcantractors, agents or employees, including, bu� not Iimited to, the
<br /> per�'ormance of the Maintenance Services or other Activities. Natwi�hsfanding the forgoing, the
<br /> Developer shall not be obligated under this Agreement to de�'end and/or indemni�y the City to the extent
<br /> that any Claim is caused by the gross negligence or willful rnisconduct af �he City or its agents or
<br /> employees. The aforerrientioned indez�nity shall apply regardless of whether or not the City has prepared,
<br /> supplied or approved plans andlor speci�ications for the Improvernents and regardless of whether any
<br /> insurance required under this Agreernent is applicable to any Claims.
<br /> 12. DEFALTLT. The failure to maintain the Improvements rvi11 constitu�e an event of default.
<br /> U�an such event of default, the City shall provide writtan notice to the Developer. Upon receipt of the
<br /> written notice, the Developer shall have thirty {30) days to remedy such event of default{or such longer
<br /> period of time as may reasona6ly be required, pravided that the Developer shall commence ta remedy
<br /> such default within thirty{30)days period and thareafter diligently prasecute s�ch remedy to corripletionj.
<br /> If the Developar fails to remedy the event of default within the prescribed time period,th� City shall have
<br /> the right to do a11 work necessary to remedy the event o�default and charge the Developer actual costs
<br /> incurred by tha City fo�•such work.
<br /> 13. ASSIGNIvIENT BY CITY. The City shall have the righ.t at its option to assign its rights
<br /> and obligations under this Agreament to a m�nicipal services dis�ict or otl�er publie agency without ,
<br /> consent of the Developer. '
<br /> 14, AGREEMENT ATTACHES TO LAND AND B1NDS DEVELOPER'S SUCCESSORS
<br /> AND ASSIGNS. This Agreement pertains to and runs with the Property in perpetuity, and shall be
<br /> recorded against the Property, This Agreement binds t�e assigns and successors-in-interest of the
<br /> Developer, includit�g any transferee of a fee interest in any lot/unit lacated within the Prope��ty. Ti�e City
<br /> and its successors and assigns, in the event of any breach of this Agreement, shall have �he right to
<br /> exerc�se all of the rights and renn�edies,and to maintain any aetions at law o�•suits in equity or other proper
<br /> proceedings against the Developer or its pet�tniited successors and assigns to enforce the curing af such
<br /> breach.
<br /> 15. ASSIGNM�NT BY DEVELOPER. The Develapea•may assign its obligations under this
<br /> Agreement only with the pria�• written approvai of the City, which consant shall not he unreasonably
<br /> withheld or delayed. Developer's req�est to assign the Agreement ta a developer with experience and
<br /> financial capability which is substantially similar to Der�eloper's shall be deemed to be reasonable. In
<br /> connection with any such assignment,the Develaper and its assign�e shall execute and deli�r�r to the City
<br /> a written assignment and assumption agreement in a fo:rm acceptable to the City Attorney. The
<br /> Develo�er may sell and/or grant tl�e fee interest of Iotslunits or common area located on the Property and
<br /> thereb�+transfers all of its abligations under this Agreem�nt to its saccessors. Upon tl�e sale and/or �•ar�t
<br /> A'�TYIAGRf20'f2,OB212580 ECR(URBAt�HOUSING}l.ANDSCAP�MAINTENANCE AC7REEM�NT
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