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DocuSign Envelope ID: A5414ED5-93ED4AAA-A317-IABE1 FC7AF1 F <br />accumulation of solid waste, trash, or other debris that is visible for a duration of <br />twenty-four (24) hours from an adjacent or contiguous public right-of-way or from <br />a designated fire lane on the Property. Any sum expended by the City for the <br />removal of graffiti, solid waste, trash, or other debris pursuant to this Section 4.E.2. <br />of the Agreement shall become a lien on the Property in accordance with Section <br />4.17. and the City shall have the right to enforce such lien in the manner provided in <br />Section 4.G. <br />F. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, <br />repairing or replacing, curing any element of the Property as authorized in Section 4 for which a <br />Maintenance Deficiency has been declared by the City to exist under Section 4.E., shall become a <br />lien on the Property. The powers conferred upon City pursuant to this Section 4.17. are in addition <br />to all other remedies which the City may have to enforce this Agreement, or any building or <br />development project permit under other law including public nuisance abatement proceedings or <br />any other action at law or equity. <br />G. Enforcement of Liens by the City. <br />The rights conferred upon the City by Buyer under Section 4 of this Agreement <br />expressly include the power to establish and enforce a lien or other encumbrances <br />against the Property or any portion thereof, subject to all then existing other liens <br />and encumbrances on the Property, in an amount reasonably necessary to reimburse <br />the City for its reasonable costs of the necessary and reasonable costs incurred by <br />the City under Section 4.C.to restore the Property to the maintenance standard <br />required under this Section 4, including reasonable attorney's fees and costs of the <br />prevailing party associated with the correction of the Maintenance Deficiency in <br />connection with such action. If the amount of any such lien as relates to a <br />Maintenance Deficiency is not paid within thirty (30) calendar days after written <br />notice by the City to Buyer, demanding such payment, the City shall have the right <br />to enforce its lien in accordance with the statutory authority referenced under this <br />Section 4.G.1. The prevailing party in a collection or other lien enforcement action <br />authorized by this Section 4.G. shall also have the right to collect its reasonable <br />attorney's fees, costs and expenses associated with any action or proceeding to <br />enforce or defend its rights hereunder. <br />2. In the event that the City makes a written finding that a Maintenance Deficiency <br />exists on the Property as provided in Section 4.E., then in addition its lien powers <br />under Section 4.G. I., the City may record a notice of correction of Maintenance <br />Deficiency be recorded against the Property. Such a notice of Maintenance <br />Deficiency shall refer to Section 4.E. of the Agreement, be signed by the Executive <br />Director of the Planning and Building Agency and shall have a duration following <br />the date of its recordation until such date the Maintenance Deficiency is corrected. <br />H. No approval by Buyer shall be necessary for the City to establish and foreclose a lien <br />for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section <br />4 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, <br />4 <br />