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<br />complete the work, remove all dirt, rubbish, equipment and <br />material, and put the Property in the required condition, the <br />City shall have, after demand to MMPA to cure and the <br />passage of a reasonable period of time following the <br />demand, but not to exceed five (5) days, the right to make <br />the restoration at the expense of MMPA. MMPA shall <br />reimburse the City’s cost of restoration within 30 days of <br />receipt of an invoice for the work. This remedy shall be in <br />addition to any other remedy available to the City. <br /> <br />7. City’s Representations, Warranties, and Covenants. The City <br />hereby represents, warrants and covenants as follows: <br /> <br />7.1. The City’s Authority. The City is the sole owner of the <br />Property and holds fee simple title to the surface estate of <br />the Property. There are no liens, encumbrances, <br />mortgages, or leases affecting the Property as of the date <br />hereof, or, alternatively, the City shall obtain within 30 days <br />of the effective date hereof subordination agreements from <br />any existing holder of any lien, encumbrance, mortgage, or <br />lease affecting the Property. The City has the unrestricted <br />right and authority and has taken all necessary action to <br />authorize the City to execute this Agreement and to grant to <br />MMPA the rights granted hereunder. Each person signing <br />this Agreement on behalf of the City is authorized to do so. <br />When signed by the City, this Agreement constitutes a valid <br />and binding agreement enforceable against the City and the <br />Property in accordance with its terms. <br /> <br />7.2. Restrictive Covenant – No Interference. MMPA shall have <br />the quiet use and enjoyment of the Easements in <br />accordance with the terms of this Agreement. The City <br />warrants and represents that there are no pending or, to the <br />City’s knowledge, threatened condemnation or similar <br />proceedings, lawsuits or other claims which may affect the <br />Easement Areas. <br /> <br />7.3. Liens and Tenants. Except as disclosed to MMPA in writing, <br />there are no liens, encumbrances, leases, mortgages, deeds <br />of trust, mineral or oil and gas rights, options, rights of <br />refusal, preferential rights to purchase or lease or other <br />exceptions to the City’s fee title ownership of the Property <br />which are not recorded in the public records of the County in <br />which the Property is located. <br /> <br />7 <br /> <br />Doc# 3047489\\2 <br />154644225.4 <br /> <br />