RDA Agmt 2000 Creekside Associates LLC

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taking any such action, but without limitation to the right of City to terminate this License Agreement or pursue other remedies, City agrees to notify Licensee in writing if the condition of said improvements do not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Licensee to cure the deficiencies. Upon notification of any maintenance deficiency, Licensee shall have thirty (30) days within which to commence to cure, and shall thereafter diligently prosecute the cure to completion; excepting only that if the written notification states the problem is urgent relating to the public health and safety of the City or the Agency, and such problem is capable of being rectified in such period of time, then Licensee shall have forty-eight (48) hours to rectify the problem. In the event Licensee fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then City and/or Agency shall have the right to maintain such improvements. Licensee agrees to pay Agency such charges and costs. Until so paid, the Agency (which shall be deemed to be a third party beneficiary of this License Agreement) shall have a lien on the Property for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Property. Upon recordation of a Notice of a Claim of Lien against the Property, such lien shall constitute a lien on the fee estate in and to the Property prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto; (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of any such lien for costs incurred to comply with this Agreement shall date from the date of the recordation of the Notice of Claim of Lien. Any such lien shall be subject and subordinate to any lease or sublease of the interest of Licensee in the Property or any portion thereof and to any easement affecting the Property or any portion thereof entered into at any time (either before or after) the date of recordation of such a Notice. Any lien in favor of the Agency created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates his interest, of record, to such lien. No lien in favor of the Agency created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority of any lease, sublease or easement unless such instrument is expressly subordinated to such lien. Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall take title to the Property free of any lien imposed by the Agency that has accrued up to the time of the foreclosure sale, and upon taking title to the Property, such foreclosure -purchaser shall only be obligated to pay costs associated with this Agreement accruing after the foreclosure -purchaser acquires title to the Property. If the Property is ever legally divided with the written approval of the Agency and fee title to various portions of the Property is held under separate ownerships, then the burdens of the maintenance obligations set forth herein and in this Agreement and the charges levied by the Agency to reimburse the Agency for the cost of undertaking such maintenance obligations of Licensee and its successors and the lien for such charges shall be apportioned among the fee owners of the various portions of the Property under different ownerships according to the square footage of the land contained in the respective portions of the Property owned by them. Upon apportionment, no separate owner of a portion of the Property shall have any liability for the apportioned liabilities of any other separate owner of another portion of the Property, and the lien shall be similarly apportioned and shall only constitute a lien against the portion of the Property owned in fee by the owner who is liable for the apportioned charges levied by the Agency and secured by the apportioned F-4 DOCSOC\701700v6\224258.0001