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Agmt05 First Community Housing
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Agmt05 First Community Housing
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Last modified
11/18/2008 11:46:40 AM
Creation date
3/7/2005 10:15:14 AM
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Template:
Agreement
Contractor Name
First Community Housing
PROJECT NAME
El Camino - Vera project - Villa Montgomery
RMP File Number
405
Date
2/4/2005
Reso Ref
14624 RD-05-01 RD-05-2 RD 08-01
Box
6589
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<br />Section 4.07. <br /> <br />Effect and Duration of Covenants. <br /> <br />a. The covenants respecting use and maintenance of the <br />Property established in accordance with Sections 4.01 and 4.02, <br />shall be memorialized in the Declaration of Redevelopment Covenants <br />and shall remain in effect on all of the Property for the life of <br />the Redevelopment Plan. The Declaration of Affordability Covenants <br />shall remain in effect for a period of fifty-five (55) years <br />commencing on the date the City issues the Certificate of Occupancy <br />for the apartment units. The covenants established against <br />discrimination in accordance with Sections 4.03,4.04 and 4.06, and <br />each of them, shall remain in effect on all of the Property in <br />perpetuity. All of the covenants referenced in this Article shall <br />run with the land and shall constitute equitable servitudes <br />thereon, and shall, without regard to technical classification and <br />designation, be binding for the benefit and in favor of the Agency, <br />its successors and assigns, and, where indicated, the City. <br /> <br />b. The Agency is deemed the beneficiary of the terms <br />and provisions of this Agreement and of the covenants running with <br />the land for and in its own rights and for the purposes of <br />protecting the interests of the community. The Agency shall have <br />the right, if such covenants are breached, to exercise all rights <br />and remedies and to maintain any actions or suits at law or in <br />equity or such other proper proceedings to enforce the curing of <br />such breaches to which it or any other beneficiary of such <br />covenants may be entitled. The Agency shall have the right to <br />assign all of its rights and benefits hereunder to the City. <br /> <br />ARTICLE V <br /> <br />DEFAULTS, REMEDIES AND TERMINATION <br /> <br />Section 5.01. <br /> <br />Defaults - General. <br /> <br />a. Subj ect to the extensions of time set forth in <br />Section 6.05 hereof, failure or delay by either party to perform <br />any term or provision of this Agreement shall constitute a default <br />under this Agreement; provided, however, that if a party otherwise <br />in default commences to cure, correct or remedy such default within <br />the time specified for that default, or if no time is specified, <br />then wi thin thirty (30) calendar days after receipt of written <br />notice specifying such defaul t and shall diligently and <br />continuously prosecute such cure, correction or remedy to <br />completion (and where any time limits for the completion of such <br />cure, correction or remedy are specifically set forth in this <br /> <br />38 <br /> <br />REDW\0006\DOC\001-5 <br />1/27/05 7:00 /mve <br />
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