KUDA, LAWRENCE M., TRUSTEE OF THE KUDA FAMILY SURVIVING GRANTORS TRUST, AND BRUCE METAL AND SALVAGE, INC.

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€7ocusign Envelope ID:9CBEDCE3-696B-4C55-9FC6-3A8DE9663BF9 public right-of-way or from a designated fire lane on the Property, except as permitted for the Industrial Use or by the Settlement Agreement. Any sum expended by the City for the removal of graffiti, solid waste, trash, or other debris pursuant to this Section 3(F)(2) of the Agreement shall become a lien on the Property in accordance with Section 3(G) and the City shall have the right to enforce such lien in the manner provided in Section 3(H). G. City's Lien Authority, Any sums expended by the City in enforcing, maintaining, repairing or replacing, curing any element of the Property as authorized in Section 3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(F), shall become a lien on the Property. The powers conferred upon the City pursuant to this Section 3(G) are in addition to all other remedies which the City may have to enforce this Agreement, or any building or development project permit under other law including public nuisance abatement proceedings or any other action at law or equity. H. Enforcement of Liens by the City. 1, The rights conferred upon the City by the Owner under Section 3 of this Agreement expressly include the power to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to all then existing other liens and encumbrances on the Property, in an amount reasonably necessary to reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under Section 3(F) to restore the Property and the Industrial use to the maintenance standard required under this Section 3, as modified by the Settlement Agreement including reasonable attorney's fees and costs of the prevailing party associated with the correction of the Maintenance Deficiency in connection with such action. If the amount of any such lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar days after written notice by the City to the Owner,demanding such payment, the City shall have the right to enforce its lien in accordance with the statutory authority referenced under this Section 3(H)(1). The prevailing party in a collection or other lien enforcement action authorized by this Section 3(I) shall also have the right to collect its reasonable attorney's fees, costs and expenses associated with any action or proceeding to enforce or defend its rights hereunder. 2. In the event that the City makes a written finding that a Maintenance Deficiency exists on the Property as provided in Section 3(F),then in addition its lien powers under Section 3(H)(1), the City may record a notice of correction of Maintenance Deficiency be recorded against the Property. Such a notice of Maintenance Deficiency shall refer to Section 3(F)of the Agreement, be signed by the Executive Director of the Planning and Building Agency and shall have a duration following the date of its recordation until such date the Maintenance Deficiency is corrected. I. No approval by the Owner shall be necessary for the City to establish and foreclose a lien for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section 3 of this Agreement, No failure by the City to enforce any default pertaining to the maintenance,repair or replacement of any element of the Property under Section 3 shall be deemed to be a waiver of the right or power of the City to enforce any subsequent default thereof by the Owner. 731834040 5