RecD08 2008-094149 - Laserfiche WebLink

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EXHIBIT C and benefit to low income residents as a condition of funding received for said acquisition. III. The City makes no representations as to the current condition of structure located on the site. Declarant shall carry out due diligence with all City Departments to receive entitlements necessary to maintain and sustain the site for benefit to low income residents as affordable transitional housing for a period of 55 years. IV. Declarant will maintain financing, property condition and program operation in order to sustain both services and real property for the longest term possible, but no less than 55 years. 6. Events of Default; Enforcement. In the event of a default in the performance or observance of any covenant, agreement or obligation as set forth in this Declaration and, if such default remains uncured for a period of thirty (30) days after notice thereof shall have been given by the City, or such longer period as may be approved by the City in writing in its sole discretion, then the City may declare that an Event of Default has occurred hereunder and may take anyone or more of the following steps, at its option: (a) By mandamus or other suit, action or proceeding at law or in equity, require Declarant or its successors in interest to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder; and (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 7. Attornevs' Fees. In any legal proceeding to enforce the terms of or restrain a violation of this Declaration, the prevailing party or parties shall be entitled to reasonable attorneys' fees in the amount fixed by the court in the proceeding. 8. Amendments. This Declaration may only be amended in writing by an instrument signed by the authorized representative of the City or it successor in interest and the then record owner or owners of the Property. 9. Severabilitv. If any provision of this Declaration shall be invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction A TTY/AGR/2008.072 081108 4