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RecDoc 2009-095365
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RecDoc 2009-095365
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Last modified
8/12/2009 10:40:26 AM
Creation date
8/12/2009 10:20:03 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Mental Health Association of San Mateo County
Doc Num
2009-095365
Rec Date
7/16/2009
Address
Cedar Street parcel #053-188-080
Parties
Mental Health Association of SM County and RC Rede
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<br />breach of these covenants, the Agency shall have the right to <br />exercise all the rights and remedies available at law or in equity <br />to enforce the curing of such breach. <br /> <br />(0) It is the intent hereof that the provisions of <br />subsections (b) through (1), inclusive, of this Section shall <br />survive the termination of the other operative provisions of the <br />Agreement and the issuance and/or recordation of the Certificate of <br />Completion. <br /> <br />3. Maintenance of Property. During such time as the <br />covenants set forth in Section 2 of this Declaration are in effect, <br />the Property shall at all times be maintained as an affordable <br />supportive rental apartment complex in accordance with the terms <br />and conditions of the Affordability Covenants. The Property shall <br />at all times be maintained in a neat and orderly condi tion <br />consistent with good management practices and in accordance with <br />all applicable Federal, State and local laws. <br /> <br />4. No violation or breach of the covenants, conditions, <br />restrictions, provisions or limitations contained in this <br />Declaration and the Declaration of Affordability Covenants shall <br />defeat or render invalid or in any way impair the lien or charge of <br />any mortgage, deed of trust or other financing or security <br />instrument permitted by the Agreement; provided, however, that any <br />successor of Declarant to the Property shall be bound by such <br />remaining covenants, conditions, restrictions, limitations and <br />provisions, whether such successor's title was acquired by <br />foreclosure, deed in lieu of foreclosure, trustee's sale or <br />otherwise. <br /> <br />5. The terms and conditions set forth in Article IV of <br />the Agreement and the covenants otherwise contained In this <br />Declaration respecting the affordability restrictions on the <br />Property shall remain in effect for a period of fifty-five (55) <br />years from the date hereof. The covenants against discrimination <br />set forth in Article IV of the Agreement and otherwise contained in <br />this Declaration shall remain in effect in perpetui ty. The <br />covenants set forth in Article IV of the Agreement regarding the <br />redevelopment of the Property shall remain in effect for the life <br />of the Redevelopment Plan, as may be extended from time to time. <br />The covenants set forth in Article III of the Agreement shall <br />remain in effect until they are satisfied in full. <br /> <br />6. The covenants contained in this Declaration shall be <br />binding for the benefi t of the Agency and its successors and <br />assigns, and such covenants shall run in favor of the Agency for <br />the entire period during which such covenants shall be in full <br /> <br />EXHIBIT ~D"-PAGE 8 <br />
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