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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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attachments A, B, C, F, H, N, and O and all other federal, state, <br /> and local laws, regulations and requirements, as applicable. <br /> Section 4 . 07 . Effect and Duration of Covenants. <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 forty-five (45) years <br /> commencing on the date the City issues the Certificate of Occupancy <br /> for the Units . The covenants established against discrimination in <br /> accordance with Sections 4 . 03 , 4 . 04, and 4 . 06 and each of them, <br /> shall remain in effect on all of the Property in perpetuity. All <br /> of the covenants referenced in this Article shall run with the land <br /> and shall constitute equitable servitudes thereon, and shall, <br /> without regard to technical classification and designation, be <br /> binding for the benefit and in favor of the Agency, its successors <br /> and assigns, and, where indicated, the City. <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 /> ARTICLE V <br /> DEFAULTS, REMEDIES AND TERMINATION <br /> Section 5 . 01 . Defaults - General . <br /> a. Subject 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 within thirty (30) calendar days after receipt of written <br /> notice specifying such default 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 /> REDW\0006\DOC\013-7 <br /> 3 5 1\11\OS 940 law <br />
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