AgdaPkt 2009-01-26 clsd and reg - Laserfiche WebLink

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6.1C Page 31 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 prohibi~~l"lg a proposed Transfer in violation of this Resale Agreement, 9tHfb'f a declaration that a Transfer in violation of this Resale Agre~me'nt is void. No delay in enforcing the provisions hereof as to any~p;reach o.(vJolation of this Resale Agreement shall impair, damage or waive the rjghfof the 'CltY.,.to recover for the continuation or repetition of such breach or viol(3tior( or any simir~hp(~ach or violation thereof at any later time or times." ,0 L , , .....,:. ; .:-..' ::::: . ..... : :. .: . ~ . ; : . In any event any costs, liabilities or obl"g~tions ipqUrred by Owner:a~d Owner1s Proposed Purchaser for the return of any mohe~p~lpU.b{ received in violation of this Resale Agreement or for any cost~,or legal expen~~s' shall be borne by Owner and Owner's Proposed Purchaser. j'OW~erand OWh'l?~;S Proposed Purchaser shall indemnify, hold the City and its Cq~ncilHfl'lernbers,et~9~ed and appointed officers, employees and agents harmless, antbshall' reimbl,Jrse theit~xpenses, legal fees and costs for any action reasonably takenin,goocj.f~itt1~q~rl!orh~ the terms of this Resale Agreement.. i . .'...'.' ",,' 11 '+!'!'~; ... ., .:'-':: :' : ,,; " ,,' . . . . . . . - .. . :- . :: ~ . : -. :. : : 16. Pur~~.~s(3 Option Upon Default.., Notwithstanding the remedies provided to the City in Sectiop,1S, above,p~heCity ,shall ,have the option to purchase the Subject Affordable Unit, uporr:theG'i~y's'HJEJql~f:~tion':of Owner's default under this Resale Agreement.! '1 " " (a) Exercise of ,Option. Owner agrees that the City, in its sole discretion, may chooseJo recorq.this option. Not later than ninety (90) days after Owner'sr~ceipt or refusalof the City's notice to exercise its option under this Section 16, the Ci~~:~,hall purchas~i.the Subject Affordable Unit at a price equal to the Transfer Amount, as1setforth in Sept~n 11. (b(';,!i.HUD{Forbearance Relief. Notwithstanding other provisions of this Resale Agreemen(:'t~e;option granted by this Section 16 shall not be exercised by the City when a deed ofJrust insured by HUD is secured by the Subject Affordable Unit, and (i) forbearance relief; or Owner is undergoing consideration by HUD for assignment (ii) Owner is undergoing consideration for relief under HUD's Temporary Mortgage Assistance Payment (TMAP) Program. REDW\0001 \DOC\023-2, DOC 11/24/08730 HvT 12