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and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of or the provision of services to, the Project. City shall use its best efforts to assist Developer in obtaining such permits and approvals, including, at the reasonable request of Developer, attending meetings with other governmental or quasi- governmental entities, providing documents reasonably requested by other governmental or quasi-governmental entities, and assisting Developer, at Developer's sole cost and expense, in implementing mitigation measures or other measures required by any such entity, and shall, from time to time at the request of Developer, use its best efforts to enter into binding agreements with any such entity as may be necessary to ensure the timely availability of such permits and approvals. Section 4.7 Park and Recreation Fee Credit for Trail Improvements. City shall provide Developer a credit for the dollar value of the cost of the design and construction of the public trails and other recreational improvements described on DA Exhibit E, which shall be credited against the Park and Recreation Fees identified in Section 3.5 of this Agreement as Developer's obligations to pay such impact fees accrue until these credits are exhausted. Section 4.8 Issuance of Building Permits. The number of building permits available to be issued for the Project shall be subject to the terms and conditions of the GMA which shall allocate-48 43 building permits to the Project._ ARTICLE 5 Mortgagee Protection Section 5.1 Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer's sole discretion, from encumbering the Project Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Project Site ("Mortgage"). This Agreement shall be superior and senior to any lien placed upon the Project Site or any portion thereof after the date of recording this Agreement, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and inure to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Project Site, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. Section 5.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 5.1 above, no Mortgagee shall have any obligation or duty under this Agreement to perform Developer's obligations or other affirmative covenants of Developer hereunder; provided, however, that a Mortgagee shall not be entitled to devote the Project Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement, or by the Project Approvals and Applicable Law. Section 5.3 Notice of Default to Mortgagee; Right of Mortgagee to Cure. If City receives a notice from a Mortgagee requesting a copy of any Default Notice given to Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer 9