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RecDoc 2009-034385
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RecDoc 2009-034385
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Last modified
6/5/2012 5:16:19 PM
Creation date
6/5/2012 5:16:16 PM
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Recorded Docs
Recorded Docs - Type
Declaration
Subject
Affordibility Covenants -
Doc Num
2009-034385
Rec Date
3/26/2009
APN
068-320-340
Parties
San Mateo Community College District
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housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the <br /> Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the Govemment <br /> Code shall apply to the immediately preceding paragraph.° <br /> (c) Effect and Duration of Nondiscrimination and <br /> Nonseqreqation Requirements. The foregoing provisions shall remain in effect in <br /> perpetuity and shall be binding upon and shall obligate the contracting party or <br /> parties and any subcontracting party or parties, or other transferees under the <br /> instrument. <br /> 8. Events of Default; Enforcement. In the event of a default in <br /> the performance or observance of any covenant, agreement or obligation as set <br /> forth in this Declaration and, if such default remains uncured for a period of thirty <br /> (30) days after notice thereof shall have been given by the City, or such longer <br /> period as may be approved by the City in writing in its sole discretion, then the <br /> City may declare that an Event of Default has occurred hereunder and may take <br /> any one or more of the following steps, at its option: <br /> (a) By mandamus or other suit, action or proceeding at <br /> law or in equity, require Declarant or its successors in interest to perform its <br /> _ obligations and covenants hereunder, or enjoin any acts or things which may be <br /> unlawful or in violation of the rights of the City hereunder; and <br /> (b) Take whatever other action at law or in equity may <br /> appear necessary or desirable to enforce the obligations, covenants and <br /> agreements hereunder. <br /> No delay in enforcing the provisions hereof as to any breach or <br /> violation shall impair, damage or waive the righY against or. recover for the <br /> continuation or repetition of such breach or violation or any similar breach or <br /> violation thereof at any later time or times. <br /> 9. Attorneys' Fees. In any legal proceeding to enforce the <br /> terms of or restrain a violation of this Declaration, the prevailing party or parties <br /> shall be entitled to reasonable attorneys' fees in the amount fixed by the court in <br /> the proceeding. <br /> 10. Amendments. This Declaration may only be amended in <br /> writing by an instrument signed by the authorized representative of the City or it <br /> successor in interest and the then record owner or owners of the Property. <br /> 11. Severabilitv. If any provision of this Declaration shall be <br /> invalid, inoperative or unenforceable as applied in any particular case, in any <br /> jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts <br /> with any other provision or provisions hereof or any constitution or statute or rule <br /> of public policy, or for any other reason, such circumstances shall not have the <br /> 7 - . <br />
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