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, " <br /> � <br /> Project to the Agency for the Agency' s approval . The budget shall <br /> identify HOA maintenance responsibilities and the amount of dues to <br /> be collected from the property owners to fund each item. In the <br /> event the Declarant, or any successors or assigns to the Property, <br /> fails to perform the maintenance as required herein, the Agency <br /> and/or the City shall have the right, but not the obligation, to <br /> enter the Property and undertake such maintenance activities. In <br /> such event, the Declarant or any successors or assigns to the <br /> Property shall reimburse the Agency and/or City for all reasonable <br /> sums incurred by it for such maintenance activities. <br /> 5 . Events of Default; Enforcement . In the event of a <br /> default in the performance or observance of any covenant, agreement <br /> or obligation as set forth in this Declaration and, if such default <br /> remains uncured for a period of thirty (30) days after notice <br /> thereof shall have been given by the Agency, or such longer period <br /> as may be approved by the Agency in writing in its sole discretion, <br /> then the Agency may declare that an Event of Default has occurred <br /> hereunder and may take any one or more of the following steps, at <br /> its option: <br /> (a) By mandamus or other suit, action or proceeding <br /> at law or in equity, require the Declarant or its successors in <br /> interest to perform its obligations and covenants hereunder, or <br /> enjoin any acts or things which may be unlawful or in violation of <br /> the rights of the Agency hereunder; and <br /> (b) Take whatever other action at law or in equity <br /> may appear necessary or desirable to enforce the obligations, <br /> covenants and agreements hereunder. <br /> 6 . Waiver. No delay in enforcing the provisions hereof <br /> as to any breach or violation shall impair, damage or waive the <br /> right against or recover for the continuation or repetition of such <br /> breach or violation or any similar breach or violation thereof at <br /> any later time or times. <br /> 7 . Attornevs' Fees . In any legal proceeding begun to <br /> enforce the terms of or restrain a violation of this Declaration, <br /> the losing party or parties must pay the attorneys' fees of the <br /> winning party or parties in the amount fixed by the court in the <br /> proceeding. <br /> 8 • Amendments . This Declaration may only be amended in <br /> writing by an instrument signed by the authorized representative of <br /> the Agency and the then record owner or owners of the Property. <br /> -6- <br />