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1. Enforcement of Liens by the City. <br /> 1. The rights conferred upon the City by Owner under Section 3 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 3(G) to restore the Property and the Project to the <br /> maintenance standard required under this Section 3,including reasonable attorney's <br /> fees and costs of the prevailing party associated with the correction of the <br /> Maintenance Deficiency in connection with such action. If the amount of any such <br /> lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar <br /> days after written notice by the City to Owner and Applicant, demanding such <br /> payment, the City shall have the right to enforce its lien in accordance with the <br /> statutory authority referenced under this Section 3(I)(1). The prevailing party in a <br /> collection or other lien enforcement action authorized by this Section 3(I)shall also <br /> have the right to collect its reasonable attorney's fees,costs and expenses associated <br /> with any action or proceeding to 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 Project as provided in Section 3(G), then in addition its lien powers <br /> under Section 3(I)(1), 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 3(G)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 /> J. No approval by Owner shall be necessary for the City to establish and foreclose a lien <br /> for nonpayment of amounts expended by the City to cure a Maintenance Deficiency under Section <br /> 3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, <br /> repair or replacement of any element of the Property or the Project under Section 3 shall be deemed <br /> to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner <br /> or Applicant. <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 Project on the Property, <br /> or of any other applicable ordinance or law or the general police power of the City. In the event <br /> of any conflict or inconsistency between any provision hereof and any ordinance, law, or the <br /> general police power of the City, the latter shall prevail. <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; provided, however, that Applicant's obligations shall cease upon expiration or earlier <br /> termination of the Lease as to obligations arising following the date of such expiration or earlier <br /> termination but not as to obligations arising prior to such expiration or earlier termination unless <br /> City otherwise releases Applicant of those obligations. <br /> 6 <br />