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b. Lien for Costs of Required Maintenance. In the event that Owner fails to correct,
<br /> remedy,or cure or has not commenced conecting,remedying or curing such deficiency after notification
<br /> and after expiration of any applicable cure period, then the City shall have the right to maintain, repair,
<br /> care for and, if and when necessary, replace such Improvements at the Owner's expense. The Owner
<br /> agrees to pay the City upon demand all charges and costs incurred by the City for such maintenance,
<br /> repair and replacement work. Until so paid,the City shall have a lien on the Site for the amount of such
<br /> charges or costs, which lien shall be perfected by the recordation of a"Notice of Claim of Lien" against
<br /> the Property. This lien sha11 affect all parcels jointly if portions of the Property have been sold. Any lien
<br /> in favor of the City created or claimed hereunder is expressly made subject and subordinate to any
<br /> mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of
<br /> the Notice of Claim of Lien,and no such lien sha11 in any way defeat, invalidate,or impair the obligation
<br /> or priority of any such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder
<br /> expressly subordinates its interest, of record,to such lien. No lien in favor of the City created or claimed
<br /> hereunder shall in any way defeat,invalidate,or impair the obligation or priority of any lease,sublease or
<br /> 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 Owner as provided herein. The Owner agrees that if the
<br /> City brings legal action to enforce its rights under this Section 6, the Owner shall pay the City a11 costs
<br /> incurred by it, including attomeys' fees and court costs, together with interest from the date the City
<br /> provided notice under Section 6.a,at the rate of seven percent(7%)per annum.
<br /> d. Additional Remedies. The Owner acknowledges and agrees that the City may
<br /> also pursue any and a11 other remedies available in law or equity in the event of a breach of the Owner's
<br /> obligations and agreements set forth herein.
<br /> e. Intention of Citv. Nothing in this Section 6 sha11 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 IIvIPAIRMENT 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 Owner to the Property or any portion thereof sha11 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. PERMITS AND APPROVALS. To the extent that performance of the Maintenance
<br /> Services or other Activities requires permits or governmental approvals (including any grading or
<br /> conshuction permits),the Owner sha11,at its sole cost and expense,obtain such permits and approvals.
<br /> 9. TERM. This Ageement sha11 commence immediately upon the Effective Date and shall
<br /> continue in perpehuty until and unless terminated by the City.
<br /> 10. INDEMNIFICATION. The Owner shall indemnify, defend and hold the City, its
<br /> Council, boazds, offices, commissions, agents and employees harmless from liens, claims, demands,
<br /> actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including
<br /> reasonable attorneys' fees(individually,"Claims"and collectively,"Claims"),which may arise from or in
<br /> any manner relate to any work performed or services provided under this Agreement by the Owner,or the
<br /> ATTY/AGR/2013.045/3718 LAUREL WAY MAINTENANCE AGREEMENT
<br /> REV:07-29-13 VR
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