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AgdaPkt 2003-12-15
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AgdaPkt 2003-12-15
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Last modified
6/2/2011 1:46:24 PM
Creation date
12/11/2003 4:13:05 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/15/2003
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G.C-5a <br />for the applicable year signed by the Declarant or <br />its successor certifying compliance with the <br />provisions of this Declaration under penalty of <br />perjury. <br />(d) To certify the compliance of the Declarant . its <br />successor with these provisions, the Agency shall <br />have a right to inspect the books and records <br />Pertaining to such matters of the then owner(s) or <br />operator(s) of the Property. <br />S. Events of Default; Enforcement. In the event of a <br />default in the performance or observance of any covenant, agreement <br />or obligation as set forth in this Declaration and, if such default <br />remains uncured for a period of thirty (30) days after notice <br />thereof shall have been given by the City and /or the Agency, or <br />such longer period as may be approved by the Agency in writing in <br />its sole discretion, then the City and /or the Agency may declare <br />that an Event of Default has occurred hereunder and may take any <br />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 the Declarant or its <br />successors in interest to perform its obligations <br />and covenants hereunder, or enjoin any acts or <br />things which may be unlawful or in violation of the <br />rights of the City and /or the Agency hereunder; and <br />(b) Take whatever other action at law or in equity may <br />appear necessary or desirable to enforce the <br />obligations, covenants and agreements hereunder, <br />including, without limitation, foreclosure of the <br />Deed of Trust if not previously reconveyed; and <br />(c) No delay in enforcing the provisions hereof as to <br />any breach or violation shall impair, damage or <br />waive the right against or recover for the <br />continuation or repetition of such breach or <br />violation or any similar breach or violation <br />thereof at any later time or times. <br />6. Attorneys Fees. In any legal proceeding begun to <br />enforce the terms of or restrain a violation of this Declaration, <br />the losing party or parties must pay the attorneys fees of the <br />winning party or parties in the amount fixed by the court in the <br />proceeding. <br />E- 4 <br />
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