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7.A. - Page 217 right to enter the Site and remove the graffiti, without Notice to the Developer or the Designated Property Manager, and to draw upon the Maintenance/Graffiti Deposit to pay for its costs. Any sum expended by the City for the removal of graffiti on the Site pursuant to this Section 5.2.3 shall be reimbursed to the City by the Developer, within thirty (30) calendar days after written demand for payment from the City. Any amount expended by the City for the removal of graffiti pursuant to this Section 5.2.3 that is not reimbursed to the City by the Developer within thirty (30) calendar days after written demand to the Developer for such reimbursement, shall accrue interest at the lesser of: (i) the rate of ten percent (10%) per annum or (ii) the Usury Limit, until paid in full. If there is an area of a structure or improvement on the Site that has had graffiti applied more than three times in a 12-month period, the Developer shall provide the City with a plan to help avoid future applications of graffiti, which may include modifications to landscaping lighting or the improvements, which plan shall be subject to the City's reasonable approval. If Developer disagrees with City regarding the costs incurred by City for removal of graffiti, Developer or its Designated Property Manager shall have the right to meet and confer with City's Community Development director or his or her designee to resolve the issue. If the matter is not resolved, Developer or its Designated Property Manager may request a hearing with the City Manager whose written determination shall constitute the final determination of the City. If the matter remains unresolved, the Parties may exercise all legal remedies available at law or in equity. 5.2.4 Covenant Runnin� with the Land. The covenant of this Section 5.2 shall be a covenant running with the land, binding successive owners of the Site, throughout the Covenant Period, and shall be enforceable by the City." "5.6 Survival and Enforcement of Special Development Covenants. 5.6.1 Covenants Runnin� with the Land. Each of the special development covenants set forth in this ARTICLE 5 touch and concern the Site and constitute covenants running with the land and binding upon successive owners of the Site for the time period set forth in each specific covenant. 5.6.2 Survival. Each such special development covenant shall survive the Close of Escrow, execution and recordation of the City Deed and issuance and recordation of each and every document related to conveyance of the City Property or construction or installation of the Proj ect on the Site, for the time period specifically set forth in each such special development covenant. 5.6.3 Enforcement. These special development covenants may be enforced by the City regardless of whether the City currently owns or continues to own an interest in any property benefited by any such covenants. The Developer irrevocably stipulates and agrees that breach of any of the special development E�ibit "F" Form Of Notice Of Agreement Page 5 82483.00009\7571312.11 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT