RecDoc 2010-110432 - Laserfiche WebLink

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b. City may declare a default under the City Note, accelerate the indebtedness evidenced by the City Note, and proceed with foreclosure under the Deed of Trust. c. City may bring an action at law or in equity to compel Declarant's performance of its obligations under this Declaration and /or for damages. d. City may pursue any and all other remedies available at law or in equity. ARTICLE 11. NOTICES, DEMANDS AND COMMUNICATIONS Any approval, disapproval, demand, document or other notice to be provided under this Declaration shall be given in writing and shall be sent: (a) for personal delivery by a delivery service that provides a record of the date of delivery, the individual to whom delivery was made, and the address where delivery was made; (b) by first -class certified United States mail, postage prepaid, return receipt requested; or (c) by a nationally recognized overnight courier service and marked for next business day delivery. All notices shall be addressed to the party to whom such notice is to be given at the property address stated herein or to such other address as a party may designate by written notice to the other. Any written notice, demand or communication shall be deemed received: (a) immediately if delivered by personal deliver as provided hereinabove; (b) on the third (3 day from the date it is postmarked if delivered by first -class certified mail, postage prepaid, return receipt requested; and (c) on the next business day if sent via nationally recognized overnight courier and marked for next business day delivery. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party. To City: City of Redwood City Planning, Housing & Economic Development Director Planning, Housing & Economic Development Department 1017 Middlefield Road P.O. Box 391 Redwood City, CA 94063 (650) 780 -7290 With a copy to: City of Redwood City City Attorney 1017 Middlefield Road P.O. Box 391 Redwood City, CA 94063 (650) 780 -7200 To Declarant Andrew Frisch, Executive Director Kainos Home & Training Center 3631 Jefferson Avenue Redwood City, CA 94062 (650) 363 -2423 ARTICLE 12. ATTORNEYS' FEES In any action or proceeding which either party brings against the other to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys' fees, which amounts shall be a part of the judgment in any action or proceeding. Exhibit D 7