RecDoc 2014-030716 LMA One Marina Parcel 3

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that if the City brings legal�ction to enforce its rights under this Section 6, the Developer shall pay the City all c�ts incu�red by it,including attorneys'fees and court costs,togcther with interest from the date the City provided norice under Section 6.�,at the rate of seven percent(7%)per annum. d. Additional Remedies. The Developer aclrnowledges �.nd agrees that the City may also pursue any and all other remedies avail�ble in law or equity in the event of a breach of the Developer's obligations and a�ements set forth herein. e. I�tention of Citv. Nothing in this Secrion 6 shall be canstrued, either expressty or by implication, as indicating �n intention of the City to exercise dominion or cornrol over the Improvements. 7. NO IMPAIRMENT OF �,IEN. No violation or breach of ihe agreements, conditions, restrictions,provisions or limitations contained in this Agreement sh�ll defeat or render invalid ar in�ny way impair the lien or chargc of�ny mortgage, deed of trust or othcr financing or security instrument; provided,however, that any successor of Developer to the Site or�ny portion thereof shall be bound by such agreements, conditions, restrictions, limitarions and provisions, whether such successor's title was acquired by foreclosure,deed in lieu of foreclosure,trustce's sale or otherwise. 8. �NCROACHMENT PERMIT: RIGHT OF ENTRY. The Developer �nd the City acknowledge that, to tbe extent that the Improvements are located within the City rights-of-wsy, tbe Developer shall obtain � single on-going revocable encroachment pernut from the City in order fa the Developer to perform its obligations under this Agrcement. Such an encro�chment peirnit shall set forth the terms�nd provisions upon which the Developer l�as a right to enter onto such rights-of-rvsy in order to perform maintenance, inspection, repair and, if and vvhen necessary, replacement services(collectively, "M�intensnce Services"). T1ie encroachment permit shall be issued ott the terms and condittons of this Agreement: �. Permitted Uses. The Developer may enter upon such Improvements �s are located within the City rights-of-wsy, and may temporarily block reasonably necessary portions of the adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental purposes thereto, such �s operating equipment and staring materials during the period maintenance services are being performed(collectively, "Activities"). The Developer shall n�use such areas for any other purpose. b. Insurance. The Developer shall obtain �nd deliver to the City, at tto 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�,s additional insureds under all insur�nce policies maintained for performance of the Maintenance Sen+ices and other Activities by(i) the Develaper or(ii)any contractor or subcontractor directly or indirectly employed by the Developer to perform any Maintenance Services or other Activities. Each of these policies shalt also provide that no cancellation, major change in coverage, or expiration may be affected by the insurAnce company or the insured during the time of perfonnance of the Maintenance Services and oti�er Activities, without first giving to the City thirty(30)days'written notice prior to the ef�ective date of such cancellation or ch�nge in coverage. The Developer shall not permit any contractor or subcontractor to commcnee or continue perfornung l�iaintenance Services or other Acrivities until the certificates or any substitute certificates have been approved by the City's Risk M�nager. ATTY/ACiR/2014.�32/ONE MARINA FINAI PHASE-LAND�CAPE AGREEMENT REV:03-1414 VR Pape 4 of 7 ATTY/AGR.2014.032/One Marin� Final Phase-l.andscape Agreement