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<br />ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B
<br />REV: 05-04-26 LF
<br />Page 71 of 86
<br />conditions, restrictions or agreements relate. The City, in the event of any breach of this
<br />Regulatory Agreement, has the right to exercise all of the rights and remedies, and to maintain any
<br />actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach,
<br />as provided in this Regulatory Agreement, at law or in equity. The Owner hereby expressly
<br />assumes the duty and obligation to perform each of the agreements and covenants and to honor
<br />each of the reservations and restrictions set forth in this Regulatory Agreement. Each and every
<br />contract, deed or other instrument hereafter executed covering or conveying all or any portion of
<br />the Property or the Development or any interest in the Property or the Development or any
<br />Affordable Unit shall incorporate all of the provisions of this Regulatory Agreement, either
<br />expressly or by reference, and any contract, deed or other instrument transferring any estate or
<br />interest in the Property or the Development shall conclusively be deemed to have been executed,
<br />delivered and accepted subject to the agreements, covenants, conditions, reservations, and
<br />restrictions of this Regulatory Agreement, regardless of whether such agreements, covenants,
<br />conditions, reservations and restrictions are set forth in or referenced such contract, deed or other
<br />instrument.
<br />5. REMEDIES
<br />5.1 Remedies. If an Event of Default occurs, then the City shall, at the City’s option,
<br />have any or all of the following described remedies, all cumulative (so exercise of one remedy
<br />shall not preclude exercise of another remedy), in addition to such other remedies as may be
<br />available at law or in equity or under any other terms of this Regulatory Agreement. The City’s
<br />remedies shall include:
<br />5.1.1 Suits Before End of Term. The City may sue the Owner for damages
<br />or other relief, from time to time, at the City’s election, without terminating this Regulatory
<br />Agreement, including by mandamus or other suit, action or proceeding at law or in equity, to
<br />require the Owner to perform the covenants or agreements or observe the conditions or restrictions
<br />of this Regulatory Agreement, or enjoin any acts or things that may be unlawful or in violation of
<br />the rights of the City under this Regulatory Agreement; or by other action at law or in equity, as
<br />necessary or convenient to enforce the covenants, agreements, conditions or restrictions of this
<br />Regulatory Agreement.
<br />5.1.2 Receipt of Moneys. No receipt of money by the City from the Owner
<br />after any Notice of Default shall affect any Notice previously given to the Owner, or waive the
<br />City’s right to enforce payment or deposit of any amount payable or later falling due, or the City’s
<br />right to enter the Development, it being agreed that after service of Notice of Default or the
<br />commencement of suit or proceedings, or after final order or judgment, the City may demand,
<br />receive, and collect any moneys due or thereafter falling due, without in any manner affecting such
<br />Notice, proceeding, order, suit or judgment, all such moneys collected being deemed payments on
<br />account of the Owner’s liability to the City.
<br />5.1.3 No Waiver. No failure by the City to insist upon strict performance of
<br />any condition, covenant, agreement, restriction or reservation of this Regulatory Agreement or to
<br />exercise any right or remedy upon a Default, and no acceptance of full or partial payment of any
<br />amount due or becoming due to the City during the continuance of any such Default, shall waive
<br />any such Default or such condition, covenant, agreement, restriction or reservation. No obligation
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