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or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of <br /> the City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or <br /> priority of any lease,sublease or easement unless such instrument is expressly subordinated to such lien. <br /> 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 any <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 City provided notice under Section 6.a,at the rate of seven percent(7%)per annum. <br /> d. Additional Remedies. The Developer acknowledges and agrees that the City <br /> rnay 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 /> e. Intention of Citv. 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 /> Improvements. <br /> 7. NO IMPAIRMENT OF LIEN. No violation or breach of the agreements, conditions, <br /> restrictions,provisions or limitations contained in this Agreement shall defeat or render invalid or in any <br /> way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; <br /> provided, however, that any successor of Developer to the Site or any portion 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 City rights-of-way, the <br /> Developer shall obtain a single on-going revocable encroachment permit from the City in order for the <br /> Developer to perform its obligations under this Agreement. Such an encroachment permit shall set forth <br /> the terms and provisions upon which the Developer has a right to enter onto such rights-of-way in order to <br /> perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively, <br /> "Maintena.nce Services"). The encroachment permit shall be issued on the terms and conditions of this <br /> Agreement: <br /> a. Permitted Uses. The Developer may enter upon such Improvements as are <br /> located within the City rights-of-way, and may temporarily block reasonably necessary portions of the <br /> adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental <br /> purposes thereto, such as operating equipment and storing materials during the period maintenance <br /> services are being performed (collectively, "Activities"). The Developer shall not use such areas for any <br /> other purpose. <br /> b. Insurance. The Developer shall obtain and deliver to the City, at no cost to the <br /> City, certificates of commercial general liability insurance which indicate that the City, its elective and <br /> ATTY/AGR/2013.040/ELAN(145 MONROE)LANDSCAPE MAINTENANCE AGREEMENT <br /> REV:03-28-13 VR <br /> Page 4 of 8 <br />