AgdaPkt 2009-01-12 clsd and reg - Laserfiche WebLink

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78 Page 28 and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder; (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder, including, but not limited to, applying to a court of competent jurisdiction for specific performance of this Resale Agreement, for an injunction prohib.i.tio9 a proposed Transfer in violation of this Resale Agreement, .:9~)1~t a declaration that a Transfer in violation of this Resale Ag~~nt is void. -~::!l~:-:-t:::,~~::.:;: ~. No delay in enforcing the provisions hereof as to an :.::;' ~~I~'!!~:i~lation of this Resale Agreement shall impair, damage or waive the right ;i~hf the 'Cjit~~Jo recover for the continuation or repetition of such breach or violation, or any simila:':;:.'\ ~.r.~ach or violation thereof at any later time or times.'\~\t~"" In any event, any costs, liabilities or obligations incurred by Owner~;.rtd Owner's Proposed Purchaser for the return of any money paid or received in violation of this Resale Agreement or for any cos. ....or legal expenses shall be borne by Owner and Owner's Proposed Purchaser. '. . .:. and Owner's Proposed Purchaser shall indemnify, hold the City and its .~;, .,. '''~IIlJ.lbers, elected and appointed officers, employees and agents harmless, a ".~J1~han'\ - .,. b,y.r,se their expenses, legal fees and costs for any action reasonably taken "li~goo 't~:.... "force the terms of this Resale Agreement. '\m!~i~ji.::.~.:.'. "'~'~~'m;iYr 16. Purchase ODtion Uoon DefaU41{lr~<.. Notwithstanding the remedies provided to the City in Section 15, above, the City str".' ave the option to purchase the Subject Affordable Unit, upon the City's declaratio ..:F': f Owner's default under this Resale Agreem,:2h:iW:~\(i~1~11l[", . diS.~~'- m~~) c~:~rc~~e~~~~~n~PtiO~n~~ta~:~sth:~tn~:ty c~O) i~a: ~~ Owner~~:lI@ceipt or refu ".. "'. f the City's notice to exercise its option under this Section 16, the C......;;i:.~~$.hall purcha ::; he Subject Affordable Unit at a price equal to the Transfer Amount, as' ..~;!~tprth in S n 11. ':~~~;.:.:~:~:::. ':.: "'ii}'i@i\. i' .... (b)':?;i!~mfitHtri .:,.' orbearance Relief. Notwithstanding other provisions of this Resale AgreemenC)~Eroption granted by this Section 16 shall not be exercised by the City when a deed of trust insured by HUD is secured by the Subject Affordable Unit, and (i) forbearance relief; or (ii) Owner is undergoing consideration for relief under HUD's Temporary Mortgage Assistance Payment (TMAP) Program. Owner is undergoing consideration by HUD for assignment REDW\O001\OOC\023-2.DOC 11/24/08 730 HvT 12