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City created or claimed hereunder shall in any way defeat,invalidate,or impair the obligation or priority of
<br /> any lease, sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> c. Le,gal Action. The City may bring legal action to collect the sums due as the result
<br /> of expending public monies to maintain, repair and, if and when necessary, replace any Improvements
<br /> which are the responsibility of the Developer as provided herein. The Developer agees that if the City
<br /> brings legal action to enforce its rights under this Section 6,if the City is the prevailing party,the Developer
<br /> shall pay the City all costs incurred by it, including attorneys' fees and court costs, together with interest
<br /> from the date 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 agees that the City may
<br /> also pursue any and all other remedies available in law ar equity in the event of a breach of the Developer's
<br /> obligations and agreements set forth herein.
<br /> e. Intention of Citv. Nothing in this Section 6 shall be constnzed,either expressly ar
<br /> by implication,as indicating an intention of the City to exercise dominion or control over the Improvements.
<br /> 8. NO IMPAIRNIENT OF LIEN. No violation or breach of the ageements, 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 /> 9. 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 Ageement. 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 arder to
<br /> perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively,
<br /> "Maintenance 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 located
<br /> within the City rights-of-way, and may temporarily block reasonably necessary portions of the adjoining
<br /> street surfaces,solely for the purpose of performing Maintenance Services,and incidental purposes thereto,
<br /> such as operating equipment and storing materials during the period maintenance services are being
<br /> performed(collectively,"Activities"). The Developer shall not use such areas for any 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 /> appointive boards, commissions, officers, agents and employees are covered as additional insureds under
<br /> all insurance policies maintained for performance of the Maintenance Services and other Activities by(i)
<br /> the Developer or(ii) any contractor or subcontractor directly or indirectly employed by the Developer to
<br /> perform any Maintenance Services or other Activities. Each of these policies shall also provide that no
<br /> cancellation, major change in coverage, or expiration may be affected by the insurance company or the
<br /> insured during the time of performance of the Maintenance Services and other Activities, without first
<br /> giving to the City thirty(30) days'written notice priar to the effective date of such cancellation or change
<br /> in coverage. The Developer shall not permit any contractor or subcontractor to commence ar continue
<br /> performing Maintenance Services or other Activities until the certificates or any substitute certificates have
<br /> been approved by the City's Risk Manager in its reasonable discretion.
<br /> ATTY/AGR/2013.219/LANDSCAPE MAINT AGR 601 MAIN STREET
<br /> REV:11-12-13 VR
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