AgdaPkt 2013-11-18 Special - Laserfiche WebLink

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7.1 .D. - Page 32 City created or claimed hereunder shall in any way defeat,invalidate,or impair the obligation or priority of any lease, sublease or easement unless such instrument is expressly subordinated to such lien. a Leeal Action. The City may bring legal action to collect the sums due as the result of expending public monies to maintain, repair and, if and when necessary, replace any Improvements which are the responsibility of the Developer as provided herein. The Developer agrees that if the City brings legal action to enforce its rights under this Section 6,if the City is the prevailing party,the Developer shall pay the City all costs incurred by it, including attorneys'fees and court costs, together with interest from the date the City provided notice under Section 6.a, at the rate of seven percent(7%)per annum. 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 breach of the Developer's obligations and agreements set forth herein. e. Intention of Citv. Nothing in this Section 6 shall be construed, either expressly or by implication,as indicating an intention of the City to exercise dominion or control over the Improvements. 8. NO IMPAIRNIENT OF LIEN. No violation or breach of the agreements, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Developer to the Site or any portion thereof shall be bound by such agreements, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure,trustee's sale or otherwise. 9. ENCROACIIAdENT PERIVIIT: RIGHT OF ENTRY. The Developer and the City acknowledge that, to the extent that the Ixnprovements are located within the City rights-of-way, the Developer shall obtain a single on-going revocable encroachxnent perxnit from the City in order far the Developer to perform its obligations under this Agreement Such an encroachxnent permit shall set forth the terms and provisions upon which the Developer has a right to enter onto such rights-of-way in order to perforxn maintenance, inspection, repair and, if and when necessary, replacement services (collectively, "Maintenance Services'�. The encroachment permit shall be issued on the terms and conditions of this Agreement: a. Perxnitted Uses. The Developer may enter upon such Improvements as are located within the City rights-of-way, and may temporarily block reasonably necessary portions of the adjoining street surfaces,solely far the purpose of performing Maintenance Services,and incidental purposes thereto, such as operating equipment and storing materials during the period maintenance services are being perforxned(collectively, "Activities'�. The Developer shall not use such areas for any other purpose. b. Insurance. The Developer shall obtain and deliver to the City, at no cost to the City, certificates of commercial general liability insurance which indicate that the City, its elective and appointive boards, commissions, officers, agents and employees are covered as additional insureds under all insurance policies maintained for performance of the Maintenance Services and other Activities by(i) the Developer ar (ii) any contractor or subcontractor directly or indirectly employed by the Developer to perform any Maintenance Services or other Activities. Each of these policies shall also provide that no cancellation, major change in coverage, or expiration may be affected by the insurance company ar the insured during the time of performance of the Maintenance Services and other Activities, without first giving to the City thirty (30) days'written notice priar to the effective date of such cancellation or change in coverage. The Developer shall not permit any contractor or subcontractor to commence or continue perforxning Maintenance Services or other Activities until the certificates or any substitute certificates have been approved by the City's Risk Manager in its reasonable discretion. ATN/AGR/2013.219/LANDSCAPE MAINTAGR 601 MAIN STREET REV: 11-12-13 VR Page 4 of 12