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RecDoc 2009-129204
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RecDoc 2009-129204
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10/14/2009 10:42:16 AM
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10/14/2009 10:42:15 AM
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Recorded Docs
Recorded Docs - Type
Declaration
Subject
2820 Huntington Avenue - Service League
Doc Num
2009-129204
Rec Date
10/14/2009
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<br />Block Grant funds. The Declaration of Affordability Covenants will set forth the <br />specific affordability covenants and restrictions and benefit to low income <br />residents as a condition of funding received for said acquisition. <br /> <br />III. The City makes no representations as to the current condition of <br />structure located on the site. Declarant shall carry out due diligence with all City <br />Departments to receive entitlements necessary to maintain and sustain the site <br />for benefit to low income residents as affordable transitional housing for a period <br />of 55 years. <br /> <br />IV. Declarant will maintain financing, property condition and program <br />operation in order to sustain both services and real property for the longest term <br />possible, but no less than 55 years. <br /> <br />6. Events of Default; Enforcement. In the event of a default in <br />the performance or observance of any covenant, agreement or obligation <br />as set forth in this Declaration and, if such default remains uncured for a <br />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 <br />sole discretion, then the City may declare that an Event of Default has <br />occurred hereunder and may take anyone or more of the following steps, <br />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 />7. 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 />8. 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 />Exhibit C <br />
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