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City or the owner(s) of the Third Party Facilities. Any work performed pursuant to the rights granted to Developer under this Agreement shall be subject to prior review, obtaining all required permits, and approval of the Engineering and Transportation Department Director, which approval shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the City agrees not to grant any new rights for Third Party Facilities in the Sidewalk ROA Encroachment area or which would have an adverse effect on Developer's use and operation of the CVS Building and/or the Encroachment. 5. Compliance With Laws. Both City and Developer shall comply with all applicable Laws in the future exercise and performance of their rights and obligations under this Agreement. If required by applicable Laws, Developer shall, with respect to any future construction or maintenance performed by Developer within the Encroachment, obtain any required approval from each applicable City board or commission, and secure an assessment of the impact that the construction or maintenance may have upon the environment. Each party reserves all of its rights under all Laws. 6. Subject to City Rights. This Agreement is not a fee grant by City of any property interest, but is made subject to the continuing right of City and its assigns, subject to the terms of this Agreement, to use the Sidewalk ROW in the performance of its duty, including, but not limited to, public use as a sidewalk and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television and other utilities and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in said Sidewalk ROW, so long as such use does not affect the use and operation of the Foundation and the remainder of the CVS Building. 7. Subject to Existing Encumbrances. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the Sidewalk ROW as of the date of this Agreement. 8.. No Interference with Sidewalk ROW Use. City acknowledges that the Foundation does not endanger persons or property, and does not unreasonably obstruct travel on any road, walk or other access thereon within said Sidewalk ROW. 9. Duty to Maintain Foundation. Developer agrees to keep said Foundation in good and safe condition, and free from any nuisance, in accordance and in conformity with all applicable Laws. 10. No Franchise Rights. Nothing in this Agreement shall be construed as granting or creating any franchise rights in any third party or the Developer. 11. Future City Needs. If any lawful change of grade, alignment or width of any street, including the construction, maintenance or operation of any underground or aboveground facilities, is made by City, and if the costs thereof are increased as a direct result of the Encroachment as evidenced by written reasonable cost estimates of the City work both with and without the existence of the Encroachment, then Developer shall reimburse City for such 3 Encroachment Agreement