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6.1.F. - Page 5
<br /> b. Lien fox Cosfs of Re�uired Maintenance, In�he event that Owner fails to correct,
<br /> remedy,o�•cure or has not comrnenced carrec�ing,rerr�edying ox cuxing such deficiency after natifiicatian
<br /> and af�er expiration o£an.y applicabla cure period, then the City shall have the�zght to maintain, repau•,
<br /> care for and, if and when necessary, replace such Improvements at t�a Ow�aer's expense. The Owner
<br /> agrees to pay the City upon de�tand all cl�arges ar�d costs incurred by the City for sueh maintenance,
<br /> repair and replacement work, Until so paid,the City s�all have a lian.o�n th.e Site for the amount of such
<br /> charges or costs,which lien shall be perfected by the recordation of a"Notiee Qf Claim of Lien" against
<br /> the Property. This lien shall afFect a11 pa�•cels joinily if portians of tha Property have been sold. An�lien .
<br /> in favor o�the City created or claimed hereunder is expressly made subject and subordinate to atzy
<br /> mortgage or deed of trust made i� good faith and for value,recarded as of the date of the recordation of
<br /> the Notice of Claim of Lien, and no such lien sha�l in any way defeat, invalidate,ar ir�pai r t�e obligation
<br /> or pr�ority of any such zno�tgage or deed of i�ust, unless the mortgagee or beneficiary thereunder
<br /> expressly subordinates its ir�terest, of record,to suoh lien. No Iien�n£avox of tha City created or claimad
<br /> hereutade:r slaall in any way defeat,invalidate,or impair the obligation or priority of any lease,sublease or
<br /> easement unless such instrument is e�ressly subordinated to such lien.
<br /> c. Le�al Action. The City may bring legal action to collect the sums due as the
<br /> result of e�pending public monies to maintain, repair and, if and when necessa�y, replace any
<br /> I�pravernen€s which are the responsibility of the Owner as provided herein. The Oumer agrees that if the
<br /> City brings legal action to enforce its rights �nder this Seetzon 6,the Owner slaall pay the City all costs
<br /> incurrad by it, including attarneys' fees and court costs, together with interest from the date tlae City
<br /> pravided notice under Section 6.a,at the rate of seven percent(7%)per at�utn.
<br /> d, Addition.al. Rannedies. The Ovvner acicnowledges and agrees that the City may
<br /> also pursue anp and all other rernedies available in Iaw or equity in the event of a bxeaeh of fhe Owne:r's
<br /> obligations and agraenr�ents set forth herain.
<br /> e. Tiatention o£Cztv. Nothing in this Section 6 shail be construed, either expressly �
<br /> ar by implica�ion, as indicating an inten#ion of �e City to exercise daminion or control over the
<br /> Improvenaents.
<br /> 7. NO IIVIFAIItMENT OF LIEN. No violation or breach of the agreezxaents, conditions,
<br /> restrictions,provisions ar limitations contazned in this Agreement sha11 defeat or render invalid ar in any
<br /> way impair tl�e lien or charge of any rno�tgage, deed o�'tt�ust or ot�er�nancit�g or sect�rity ins#i�tment; -
<br /> provzded,however,that any successor of Owner ta the Property or any po�tion thereof sha11 be baund by
<br /> such agreements, canditions, xestrictzons, lzmitatiox►s and provisions, whether such suceessor's title was
<br /> acquired by foreclosure,deed in lieu of foreclosure,trustee's sale or otherwise.
<br /> S. PERMITS AND APPROVALS. To t�e ea�tent tiaat performanca of the Maintenance
<br /> Seavices or other Activities requires pe:r.naits ox govei�nmental approvals (including any grading or
<br /> construction permits),the Owner shall,at its sole cost ar�d expense,obtain s�ch pe:rznits and approvals.
<br /> 9. TERM. This Agreement sha11 commence immediately upon t�e Effective Date and shall
<br /> co�.tinue in perpetuity until and unless tern�inated by the City.
<br /> 10. INDEMNIFICATION. The Owner shall indemnify, defend and hold th.e City, zts
<br /> CounciI, boards, offices, cornrt�issions, agents and employees harmless from liens, claims, demands,
<br /> actions, causes of action, obligations, liabilities, darnages, losses, cos�s and expenses, including
<br /> xeasonab�e at�orneys'fees(individ�ally,"Claims"and collectively,"Claims"),whic�may arise from or in
<br /> at�y manner relate to any work performed or services providad under this Agreerr�ent by the Owne��,or t.�ie
<br /> ATTY/AGR/2D13.045I3718 LAUREL WAY MAlIV7ENANCE AGR��M�NT
<br /> REV:07-29-13 VR
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