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AgdaPkt 2009-05-18
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AgdaPkt 2009-05-18
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Last modified
6/17/2009 9:30:58 AM
Creation date
5/14/2009 4:02:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council and Redevelopment Agency
Date
5/18/2009
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<br /> <br />,.... ._~. <br /> <br />6.1G <br />Page 13 <br /> <br />Urban Development, which as of the date of this Declaration, is two (2) persons per <br />bedroom, plus one (1) person. <br /> <br />ArtIcle IV <br /> <br />General Provisions <br /> <br />Section 4.01. <br /> <br />Maintenance of Pro oe rtv. <br /> <br />During such time as the Affordability Covenants set forth in this Declaration are in <br />effect, all improvements developed upon the Property, including without limitation, the <br />Affordable Units, hardscaping and landscaping, shall at all times be maintained in a <br />neat and orderly condition, good order and repair, consistent with good ownership <br />practices, and in accordance with all applicable Federal, State and local laws. <br /> <br />Section 4.02. <br /> <br />Events of Default: Enforcement. <br /> <br />In the event of a default in the perfonnance or observance of any covenant, <br />agreement or obligation as set forth in this Declaration and, if such default remains <br />uncured for a period of thirty (30) days after notice thereof shall have been given by the <br />City, or such longer period as may be approved by the City in writing in its sole <br />discretion, then the City may declare that an Event of Default has occurred hereunder <br />and, in addition to other default remedies provided under this Declaration, may exercise <br />anyone or more of the following, at its option: <br /> <br />(a) By mandamus or other suit, action or proceeding at law or in equity, <br />require Declarant or its successors in interest to perform its <br />obligations and covenants hereunder, or enjoin any acts or things <br />which may be unlawful or in violation of the rights of the City <br />hereunder; <br /> <br />(b) Take whatever other action at law or in equity may appear <br />necessary or desirable to enforce the obligations, covenants and <br />agreements hereunder; <br /> <br />( c) No delay in enforcing the provisions hereof as to any breach or <br />violation shall impair, damage or waive the right against or recover <br />for the continuation or repetition of such breach or violation or any <br />similar breach or violation thereof at any later time or times. <br /> <br />Section 4.03. Attornevs' Fees. <br /> <br />In any legal proceeding to enforce the terms of or restrain a violation of this <br />Declaration, the losing party or parties must pay the attorneys' fees of the winning party <br />or parties in the amount fixed by the court in the proceeding. <br /> <br />REDW\O001\DOC\022-3.DOC <br />12/23/08 900 HvT <br /> <br />g" <br />
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