RecDoc 2023-013329 86 Renato Court

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expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to Owner's marketing and operation of the Development, except to the extent such claim arises from the grossly negligent or willful misconduct of the City or Indemnitees. Each Party shall notify the other Party immediately in writing of any claim or damage related to activities performed under this Agreement. The Parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement, provided that nothing shall require either Parry to disclose any documents, records or communications that are protected under the attorney-client privilege or attorney work product privilege. B. The provisions of this Section shall survive the expiration of the Term and any release of part or all of the Property from the burdens of this Agreement, but only as to claims arising from events occurring during the Term of this Agreement. Section 6.3 Notice of Expiration of Term. Owner must comply with all notice requirements of Government Code Section 65863.10, Section 65863.11 and 65863.13, or successor statutes. Owner shall also file a copy of any notices sent by Owner pursuant to this Section with the City Manager. Section 6.4 Covenants to Run With the Land. The City and the Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Project, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire, unless otherwise expressly stated herein. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the City expressly releases such conveyed portion of the Project from the requirements of this Agreement. Section 6.5 Enforcement by the City. If Owner fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the City has notified the Owner in writing of the default or, if the default cannot be cured within thirty (30) days, failed to commence to cure within thirty (3 0) days and thereafter diligently pursue such cure, the City may bring an action at law or in equity to compel the Owner's performance of its obligations under this Agreement, and/or for damages. Section 6.6 Rights of Third Parties to Enforce Covenants. Notwithstanding any other provisions of law, all covenants and restrictions contained herein which implement Health and Safety Code Sections 33413, or successor provisions, shall run with the land and shall be enforceable by the City, and any of the parties listed in Health and Safety Code Section 33334.3(f)(7), so long as such provision or successor provision remains in effect. Section 6.7 Listing of Project in Database. The Owner hereby acknowledges and agrees that Health and Safety Code Section 33418(c) requires that the Project be listed in a database that shall be made available to the public on the internet and which will include the street address, AM/AGR/2022.389.02 -HARBOR VIEW PROJECT DA—AFFORDABLE HOUSING COVENANT (86 RENATO COURT) REV: 03-15-23 VR Page 14 of 21