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I. Enforcement of Liens by the City. <br />1. The rights conferred upon the City by Owner and Tenant under Section 3 of this <br />Agreement expressly include the power to establish and enforce a lien or other <br />encumbrances against the Property or any portion thereof, subject to all then <br />existing other liens and encumbrances on the Property, in an amotmt reasonably <br />necessary to reimburse the City for its reasonable costs of the necessary and <br />reasonable costs incurred by the City under Section 3(G) to restore the <br />Development to the maintenance standard required under this Section 3, including <br />reasonable attorney's fees and costs of the prevailing party associated with the <br />correction of the Maintenance Deficiency in connection with such action. If the <br />amount of any such lien as relates to a Maintenance Deficiency is not paid within <br />thirty (30) calendar days after written notice by the City to Owner and Tenant, <br />demanding such payment, the City shall have the right to enforce its lien in <br />accordance with the statutory authority referenced under this Section 3(I)(1). The <br />prevailing party in a collection or other lien enforcement action authorized by this <br />Section 3(I) shall also have the right to collect its reasonable attorney's fees, costs <br />and expenses associated with any action or proceeding to enforce or defend its <br />rights hereunder. <br />2. In the event that the City makes a written finding that a Maintenance Deficiency <br />exists on the Development as provided in Section 3(G), then in addition its lien <br />powers under Section 3(I)(1), the City may record a notice of correction of <br />Maintenance Deficiency be recorded against the Property. Such a notice of <br />Maintenance Deficiency shall refer to Section 3 (G) of the Agreement, be signed by <br />the Executive Director of the Planning and Building Agency and shall have a <br />duration following the date of its recordation until such date the Maintenance <br />Deficiency is corrected. <br />J. No approval by Owner or Tenant shall be necessary for the City to establish and <br />foreclose a lien for non-payment of amounts expended by the City to cure a Maintenance <br />Deficiency under Section 3 of this Agreement. No failure by the City to enforce any default <br />pertaining to the maintenance, repair or replacement of any element of the Property or the Project <br />under Section 3 shall be deemed to be a waiver of the right or power of the City to enforce any <br />subsequent default thereof by Owner. <br />K. Priority of City Ordinances and Other Laws. Notwithstanding any provision in this <br />Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not be <br />deemed a waiver or release of any applicable provision of any building permit or other <br />development project permit issued by the City for the improvement of the Development, or of any <br />other applicable ordinance or law or the general police power of the City. In the event of any <br />conflict or inconsistency between any provision hereof and any ordinance, law, or the general <br />police power of the City, the latter shall prevail. <br />L. <br />SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and <br />be of no further force or effect upon the mutual written termination of this Agreement by Owner <br />and City. <br />2 <br />