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RecDoc 2023-013329 86 Renato Court
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RecDoc 2023-013329 86 Renato Court
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3/29/2023 11:24:16 AM
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3/29/2023 11:23:39 AM
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Agreement
Doc Num
2023-013329
Rec Date
3/24/2023
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C. In the event that the Owner breaches any of the covenants contained in this <br />Section, and such default continues for a period of seven (7) days after written notice from the City <br />with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after <br />written notice from the City with respect to landscaping and building improvements, then the City, <br />in addition to whatever other remedy it may have at law or in equity, shall have the right to enter <br />upon the Project and perform or cause to be performed all such acts and work necessary to cure <br />the default. Pursuant to such right of entry, the City shall be permitted (but is not required) to enter <br />upon the Project and perform all acts and work necessary to protect, maintain, and preserve the <br />Improvements and landscaped areas on the Project, and to attach a lien on the Project, or to assess <br />the Project, in the amount of the expenditures arising from such acts and work of protection, <br />maintenance, and preservation by the City and/or costs of such cure, including a ten percent (10%) <br />administrative charge, which amount shall be promptly paid by the Owner to the City upon <br />demand. <br />Section 5.6 Safety Conditions. <br />A. The Owner acknowledges that the City places a prime importance on the <br />security of the project and the safety of the residents and surrounding community. The Owner <br />agrees to implement and maintain throughout the Term the following security measures in the <br />Prc j ectt <br />(1) to the extent feasible employ crime prevention measures in the <br />operation of the Project including but not limited to maintaining adequate lighting in parking areas <br />and pathways; and <br />(2) provide added security including dead -bolt locks for every entry <br />door, and where entry doors are damaged, replace them with solid -core doors. <br />B. The City shall have the right to enter on the Project if it becomes aware of <br />or is notified of any conditions that pose a danger to the peace, health, welfare or safety of the <br />Residents and/or the surrounding community, and to perform or cause to be performed such acts <br />as are necessary to correct the condition. <br />ARTICLE b. <br />MISCELLANEOUS <br />Section 6.1 Term. The provisions of this Agreement shall apply to the Project for the <br />entire Term; provided, however, that the provisions of Section and 4.3 of the Agreement shall run <br />with the Project and shall remain in effect in perpetuity. This Agreement shall bind any successor, <br />heir or assign of the Owner, whether a change in interest occurs voluntarily or involuntarily, by <br />operation of law or otherwise, except as expressly released by the City. <br />Section 6.2 Indemnification. <br />A. To the full extent permitted by law, Owner shall indemnify, defend at its <br />own expense, and hold the City and its elected and appointed officials, officers, employees and <br />agents in their official capacity (collectively "Indemnitees") harmless against any and all claims, <br />suits, actions, losses, and liability of every kind, nature and description made against it and <br />ATTY/AGR/2022.389.02 - HARBOR VIEW PROJECT DA—AFFORDABLE HOUSING COVENANT (86 RENATO COURTS <br />REV= 03-15-23 VR <br />Page 13 of 21 <br />
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