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invalidate,or impair the obligation or priority of any such mortgage or deed of trust,unless the mortgagee
<br /> or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of
<br /> the City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or
<br /> priority of any lease,sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> c. Legal Action. Subject to the notice and cure provisions in this Agreement, the
<br /> City may bring legal action to collect the sums due as the result of expending public monies to maintain,
<br /> repair and, if and when necessary, replace any Improvements which are the responsibility of the
<br /> Developer as provided herein. The Developer agrees that if the City brings legal action to enforce its
<br /> rights under this Section 6 and is the prevailing party, the Developer shall pay the Ciry all costs incurred
<br /> by it, including attorneys' fees and court costs, together with interest from the date the City provided
<br /> notice under Section 6.a,at the rate of seven percent(7%)per annum.
<br /> d. Additional Remedies. Subject to the notice and cure provisions in this
<br /> Agreement, The Developer acknowledges and agrees that the City may also pursue any and all other
<br /> remedies available in law or equity in the event of a breach of the Developer's obligations and agreements
<br /> 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 ar control over the
<br /> Improvements.
<br /> 7. NO IMPAIltMENT 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 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 /> 8. ENCROACHMENT PERMTT; 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 pernut from the City in order for the
<br /> Developer to perform its obligations under this Agreement. Such an encroachment pemut shall set forth
<br /> the terms and provisions upon which the Developer has a right to enter onto such rights-of-way in order 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
<br /> located within the City rights-of-way, and may temporarily block reasonably necessary portions of the
<br /> adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental
<br /> purposes thereto, such as operating equipment and storing materials during the period maintenance
<br /> services are being performed(collectively,"Activities"). The Developer shall not use such areas for any
<br /> 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
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