RecDoc 2012-093738 - Laserfiche WebLink

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c. Legal Action. The City may bring legal action to callect the sums due as the result of expending public monies to nnaintain, repair and, if and when necessary, replace any Improvements wh'roh are the responsibility of the Developer as provided herein. The Developer agrees that if the City brings legal action to enforce its rights under this Section 6, the Developer shatl pay the City a11 costs incurred by it, including attoineys'fees and court costs,together with interest frozx�the date the City pravided notice under Section 6.a,at the rate of seven peccent(7%}per annum. d. Additional Ramedies. The Developer acknowledges and agrees that the City may also pursue any and all othar remedies available in law or equity in the event of a breach of the Developer's obligafions and agreements set forEh herein. e. Intention of Citv. Nothing in this Section 6 sha11 ba cons#rued, either expressly ar by ixnplication, as indicating an in#entiou of the City to exercise dominion or control over the Improvements. 7. NO IMI'AIRN�NT OF LIEN. No violation or breach of the agreements, conditions, restricrions,provisions or lixxxitations contained in this Agreement shall defeat or rendex invalid or in any way impair fi]ie lien ar charge of any mortgaga, deed of trust or other financing or security instrument; provided,however,that any successor of Developer to the Site or any portion thereof shail be bound hy such agreements, conditions, restxictions, limitattions and provisions,whether such successor"s title was acquired by foreclosure,deed in lieu of foreclosure,firustee's sale or otherwise. 8. ENCROAC�Ilv�NT PERMIT• RIGHT OF ENTRY. The Developer and the City acknowledge tk�at, ta fihe extent tha#the Itnprovements are located within the City rights-of-way, the Developer sha11 obta.in a single on-gaing revocable encroachment permit from the City in order far the Developer to perform its obligai�ons under this Agreament. Such an encroachment permit shall set forth the terms and provisions upon which the Developer has a right to enter onto such rights-of-way in orcier to perform maintenance, inspection, repair and, if and when necessary,replacement services {collectively, "Maintenance Services"}. The encroachment permit shali be issued on the terms and conditions of this Agreetnent; a. Permittad Uses. The Developer may enter upon such Improvements as are located within the City rights-of-way, and may temporarily block reasonably necassary portions of the adjaining street surfaces, solely for the pwrpose of performing Maintenance Seivices, and incidental purposes t6ereto, such as operating equipment and storing materials during the period maintenance services are being performed(collectiveiy,"Activities"). The Developer shall not use such areas for any other puipose. i b. Tnsurance. The Developer shall obtain and delivar to the City, at no cost to the City, certificates of commereial general liabiliry insurance which indicate that fihe City, its elective and appointive boards, commissions, off'icers,agents and employees are covered as additional insureds under alt insuranca policies maintained for performance of the Maintanance Services and other Activities by{i} the Developar or(ii) ai�y coniractor or subcontractor direotly or indirectly employed by t,he Developer to perform any Maintenanee Serviees or othec•Activities. Eaeh of these polieies shall also provide that no canceilation, major change in coverage, or expiration may be affected by the insurance company or the insurad during the time of performanca of the Maintenance Services and other Aciivi�ies, withoat �x�st giving to the City thirty(3U)days'written notice prior to the effective date of such canc$llation or change in coverage. The Deval�per shall not pei7nit any contractor or subcontractor to commenee or continue performing Maintenance Services or other Activities until the certifica#es or any substitute certificates have baen approved by the City's Risk Manager, A"fTYlAGR/2012.062I2580 ECR(URBAN HOUSING)LAIdDSCAPE MAINT�NANCE AGREEMENT REV:06-04-12 VR Page 4 of 8