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any unpaid liens or encumbrances on the Affordable Site which the City assumes or takes subject to said encumbrances. (d) Nothing in this Section 6.9 shall prohibit the City from executing subordination agreements as may be requested by the Affordable Developer in a manner provided for in the Land Donation Agreement. Section 6.10 Enforcement. Except as otherwise provided in this Agreement, if Affordable Developer fails to satisfy any of the Affordable Developer’s obligations under the terms of this Agreement within thirty (30) days after the delivery of a notice of default from the City; provided that if such failure cannot reasonably be cured within such 30 days, Affordable Developer and Affordable Developer’s limited partner shall have such additional time as may be reasonably necessary if Affordable Developer (and/or its limited partner) commences to cure such Event of Default within such 30 day period and thereafter diligently prosecutes such cure to completion, the City shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law: (a) The City may bring an action at law or in equity to compel performance of its obligations under this Agreement, and/or for damages. (b) Where one or more persons have received financial benefit as a result of violation of this Agreement, the City may assess and institute legal action to recover as necessary, a penalty in any amount up to an including the amount of financial benefit received in addition to recovery of the benefit received. (c) Requiring the Affordable Developer or its successor in interest to the Affordable Site to pay the City any payments received by the Affordable Developer for the Affordable Unit(s) from the date of any unauthorized use of the Affordable Unit in excess of the Rent allowed pursuant to Section 2.2 above. (d) The City may initiate appropriate legal action or procedures to withhold, condition, revoke, deny or suspend any permit, license, subdivision approval or map, or other entitlement for the Affordable Development, including without limitation final inspections for occupancy and/or certificates of occupancy. (e) The City may use any other means authorized under the City Code, Density Bonus Law, or any other applicable law to enforce compliance. (f) Action to Compel Performance or for Damages. The City may bring an action at law or in equity to compel Affordable Developer's performance of its obligations under this Agreement, and/or for damages. (g) Remedies Under the Affordable Housing Ordinance. The City may initiate appropriate legal actions or procedures to revoke, deny or suspend any permit or development ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C REV: 04-22-25 VR Page 188 of 224