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6.1.D. - Page 114 d. Additional Remedies. The Developer acknowledges and agrees that the City may also pursue any and all other remedies available in law or equity in the event of a b�•each of the DeveIoper's obligations and agreame��ts set foi�th herein. e. Intention af City. Nothing in this Section 6 s1na1( be construed, eitl�er expressly o�• by itttplication, as indicating an intention of the City to exercise dominion or control over the Impro�ements. 7. NO IMPAIRMENT OF' LYEN. No violation �r breach of the ag�•eements, conditions, �•estrictions, pj�ovisians ot• limitations contained in this Agreement shall defeat or render invalid o�• in any way iinpair the lien or cl�arge of arty mortgaga, deed of firust o;• ott�er financing o�' secu rity inst�'urnent; provided, however, that any successa�• of Developer to the Site or any portion thereof shail be bound by such agreements, conditions, rest�ictions, limitations and provisions, whe�l�er such successar's title was acquired by foreclosure, deed in liau of foreclosure,t�•�stee`s sa�e or otherwise, $. ENCROACHMENT PERMIT; RIGHT OF ENTRY. The Develaper and tl�e City ac(n�owledge that, to the extent that the Imp�•ove3nen�s are lacated within the City rights-of-way, the Developer shall obtain a single or�-going cevocable enc�•oachment p��•init from the City in ot•der for the Developer to perform its obligations under t�.is Ag�•ee�nent. Such an eiacroachment perrr�it shall set fo�-th the terms and pravisions upon which the Developer has a right to ente�•onto such rights�of way in ordet•to pe�•form mainte��ance, inspection, repair and, if and r�vhet� necessa�'y, replace�nent services (callectively, "Maintenance Services"). The encroach�nent permit shall be issued on the terms and canditions of this Agreement: a. Permitted Uses. T�e Developer rr�ay enter upon such Impa•ovements as a��e located witi�in the City rights-o�way, and may te�npo�•arily block reasonably necessary portions of the adjaining stj•eet s�rfaces, solely for the pucpose of perfo�•ming Maint�nance Services, and incidental purposes theceto, such as operating eqt�ipt�ent and stoj'ing materials during the period maintenance seivices are being perfarmed (collectiveiy, "Activities"). The Developer shall not use such a�•eas for any other purpose. b. Insu�•ance. The Developer shall obtain and deliver to t�e City, at no cost to the City, ce��tifica�es of commercial general liability insuranee which indicate that the City, its elective and appointive boards, commissions, officers, agents a�d amployees are covea•ed as additianal insureds under all insurance polieies maintained foa' pe�-fo�'mance of the Mainter�ance Services and other Activities by(i} the De�eloper or{ii} any cont�•actar oi• subeont�•acto�•directly or indirectly empIoyed by the Develaper to perfo�•m any Maintenance Services o�• other Activities. Each of these policies shall atso provide that no cancellatio�i, major change i�a coverage, or expiration may be affected by the insurance company oz' the insured during the time of performance of the Maintenanee Services and other Activities, without �irst giving to the City thirty(30j days'written notice pj•ior to the effective date of such car�c�llatio��or change in covei•age. The Developer s1�a11 not parmit any contractor or sttbcontractar ta comtnence or continue pei•forming Maintenance Seivices ar ather Activities until the certificates or any substitute certificates have been approved by the City's Risk Manager. 9. PERMITS AND APPROVALS. To th� extent that pe�o�•nnance of the Maintenance Se�•vices or othe�• Activities requires pe��nits or governmental ap�t•ovals, the Developer shall, at its sole cost and expense, obtain such permits and approvals. The City shali issue enet•oachment permits, fram titna to time, on the ter�s set forth in Section 8 abova. 10. TERM. This Agree:ment shall cam�nence imjnediately upon the Effective Date and shall continue in perpetuity until and unIess tecminated by the City. ATTYlAGRf2013.0101iANQSCAPE MAIN7�NANC�AGRE�M�NT ON�MARINA REV:01-14-13 VR Page 4 of 9