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RecDoc 2009-034384
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RecDoc 2009-034384
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Last modified
4/13/2009 10:58:00 AM
Creation date
4/13/2009 10:47:15 AM
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Recorded Docs
Recorded Docs - Type
Declaration
Subject
Canada College Housing Project
Doc Num
2009-034384
Rec Date
3/26/2009
Parties
SM County College Green de Bortnowsky Quintanilla
MO Ref
08-167
File Num
608
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<br />housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the <br />Civil Code and subdivisions (n), (0) and (p) of Section 12955 of the Government <br />Code shall apply to the immediately preceding paragraph." <br /> <br />(c) Effect and Duration of Nondiscrimination and <br />Nonseareaation Reauirements. The foregoing provisions shall remain in effect in <br />perpetuity and shall be binding upon and shall obligate the contracting party or <br />parties and any subcontracting party or parties, or other transferees under the <br />instrument. <br /> <br />8. Events of Default Enforcement. In the event of a default in <br />the performance or observance of any covenant, agreement or obligation as set <br />forth in this Declaration and, if such default remains uncured for a period of thirty <br />(30) days after notice thereof shall have been given by the City, or such longer <br />period as may be approved by the City in writing in its sole discretion, then the <br />City may declare that an Event of Default has occurred hereunder and may take <br />anyone or more of the following steps, at its option: <br /> <br />(a) By mandamus or other suit, action or proceeding at <br />law or in equity, require Declarant or its successors in interest to perform its <br />obligations and covenants hereunder, or enjoin any acts or things which may be <br />unlawful or in violation of the rights of the City hereunder; and <br /> <br />(b) Take whatever other action at law or in equity may <br />appear necessary or desirable to enforce the obligations, covenants and <br />agreements hereunder. <br /> <br />No delay in enforcing the provisions hereof as to any breach or <br />violation shall impair, damage or waive the right against or recover for the <br />continuation or repetition of such breach or violation or any similar breach or <br />violation thereof at any later time or times. <br /> <br />9. Attornevs' Fees. In any legal proceeding to enforce the <br />terms of or restrain a violation of this Declaration, the prevailing party or parties <br />shall be entitled to reasonable attorneys' fees in the amount fixed by the court in <br />the proceeding. <br /> <br />10. Amendments. This Declaration may only be amended in <br />writing by an instrument signed by the authorized representative of the City or it <br />successor in interest and the then record owner or owners of the Property. <br /> <br />11. Severabilitv. If any provision of this Declaration shall be <br />invalid, inoperative or unenforceable as applied in any particular case, in any <br />jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts <br />with any other provision or provisions hereof or any constitution or statute or rule <br />of public policy, or for any other reason, such circumstances shall not have the <br /> <br />7 <br />
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