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Agmt09 Mental Health Association of San Mateo County
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Agmt09 Mental Health Association of San Mateo County
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Last modified
7/28/2009 12:19:39 PM
Creation date
7/21/2009 9:54:42 AM
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Template:
Agreement
Contractor Name
Mental Health Association of San Mateo County
PROJECT NAME
Owner Participation Agreement
RMP File Number
405
Date
12/13/2008
Reso Ref
RD 08-09
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<br />attachments A, B, C, F, H, N, and 0 and all other federal, state, <br />and local laws, regulations and requirements, as applicable. <br /> <br />Section 4.07. Effect and Duration of Covenants. <br /> <br />a. The covenants respecting use and maintenance of the <br />Property established in accordance wi th Sections 4.01 and 4.02 <br />shall be contained in the Declaration of Redevelopment Covenants <br />and shall remain in effect on all of the Property for the life of <br />the Redevelopment Plan, as may be extended from time to time. The <br />Declaration of Affordability Covenants shall remain in effect for a <br />period of fifty-five (55) years commencing on the date the City <br />issues the Certificate of Occupancy for the apartment units. The <br />covenants established against discrimination in accordance with <br />Sections 4.03, 4.04 and 4.06, and each of them, shall be included <br />in the Declaration of Redevelopment Covenants and remain in effect <br />on all of the Property in perpetui ty. All of the covenants <br />referenced in this Article shall run wi th the land and shall <br />constitute equitable servitudes thereon, and shall, without regard <br />to technical classification and designation, be binding for the <br />benefit and in favor of the Agency, its successors and assigns, <br />and, where indicated, the City. <br /> <br />b. The Agency and the City are deemed the beneficiaries <br />of the terms and provisions of this Agreement and of the covenants <br />running wi th the land for and in its own rights and for the <br />purposes of protecting the interests of the community. The Agency <br />and/or the City shall have the right, if such covenants are <br />breached, to exercise all rights and remedies and to maintain any <br />actions or suits at law or in equity or such other proper <br />proceedings to enforce the curing of such breaches to which it or <br />any other beneficiary of such covenants may be entitled. <br /> <br />ARTICLE V <br /> <br />DEFAULTS, REMEDIES AND TERMINATION <br /> <br />Section 5.01. Defaults - General. <br /> <br />a. Subj ect to the extensions of time set forth in <br />Section 6.05 hereof, failure or delay by any party to perform any <br />term or provision of this Agreement shall constitute a default <br />under this Agreement; provided, however, that if a party otherwise <br />in default commences to cure, correct or remedy such default within <br />the time specified for that default, or if no time is specified, <br />then wi thin thirty (30) days after receipt of wri tten notice <br />specifying such default and shall diligently and continuously <br />prosecute such cure, correction or remedy to completion (and where <br />any time limits for the completion of such cure, correction or <br />remedy are specifically set forth in this Agreement, then within <br /> <br />29 <br />
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