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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 />force and effect. The Agency, in the event of any breach of any <br />such covenants, shall have the right to exercise all of the rights <br />and remedies, and to maintain any actions at law or suits in equity <br />or other proper proceedings to enforce the curing of such breach as <br />provided in the Agreement or by law. The covenants contained in <br />this Declaration shall be for the benefit of and shall be <br />enforceable only by the Agency and its successor. <br /> <br />7. Events of Default; Enforcement. In the event of a <br />default in the performance or observance of any covenant, agreement <br />or obligation as set forth in this Declaration and, if such default <br />remains uncured for a period of thirty (30) days after notice <br />thereof shall have been given by the Agency and/or the City, or <br />such longer period as may be approved by the Agency and/or the City <br />in writing in its sole discretion, then the Agency and/or the City <br />may declare that an Event of Default has occurred hereunder and may <br />take 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 <br />to perform its obligations and covenants hereunder, or enjoin any <br />acts or things which may be unlawful or in violation of the rights <br />of the Agency 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 <br />and agreements hereunder. <br /> <br />(c) No delay in enforcing the provisions hereof as to <br />any breach or violation shall impair, damage or waive the right <br />against or recover for the continuation or repeti tion of such <br />breach or violation or any similar breach or violation thereof at <br />any later time or times. <br /> <br />8. Subordination of Declaration. To the extent <br />applicable, pursuant to California Health & Safety Code Section <br />33334.14, the covenants of this Declaration of Redevelopment <br />Covenants shall be subordinate to any lien, encumbrance, terms, or <br />covenants and conditions of any deed of trust, mortgage, or <br />regulatory agreement securing the interests under the Public <br />Assistance and the construction financing necessary for the <br />development and construction of the Project. The Agency and the <br />Ci ty agree to execute subordination agreements if requested or <br />required by such other lenders. <br /> <br />9. Attorneys' Fees. In any legal proceeding begun to <br />enforce the terms of or restrain a violation of this Declaration, <br />the losing party or parties must pay the attorneys' fees of the <br /> <br />EXHIBIT UD"-PAGE 9 <br />
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