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6. In amplification and not in restriction of the
<br />provisions set forth hereinabove, it is intended and agreed that
<br />City shall be deemed a beneficiary of the covenants and agreements
<br />provided hereinabove both for and in its own right and also for
<br />the purposes of protecting the interests of the community. All
<br />covenants without regard to technical classification or
<br />designation shall be binding for the benefit of City, and such
<br />covenants shall run in favor of City for the entire period during
<br />which such covenants shall be in force and effect, without regard
<br />to whether City is or remains an owner of any land or interest
<br />therein to which such covenants relate. City shall have the
<br />right, in the event of any breach of any such covenant or
<br />agreement, to exercise all the rights and remedies, and to
<br />maintain any actions at law or suits in equity or other proper
<br />proceedings to enforce the curing of such breach of covenant or
<br />agreement.
<br />7. No violation or breach of the covenants, conditions,
<br />restrictions, provisions or limitations contained in this
<br />Agreement Containing Covenants shall defeat or render invalid or
<br />in any way impair the lien or charge of any mortgage or deed of
<br />trust or security interest on the Property, provided, however,
<br />that any subsequent owner of the Property shall be bound by such
<br />remaining covenants, conditions, restrictions, limitations, and
<br />provisions, whether such owner's title was acquired by
<br />foreclosure, deed in lieu of foreclosure, trustee's sale or
<br />otherwise.
<br />S. Only City, its successors and assigns, and Project
<br />Sponsor and successors and assigns of Project Sponsor in and to
<br />all or any part of the fee title to the Property shall have the
<br />right to consent and agree to changes in, or to eliminate in whole
<br />or in part, any of the covenants, easements, or other restrictions
<br />contained in this Agreement Containing Covenants, or to subject
<br />the Property to additional covenants, easements or other
<br />restrictions. City, its successors and assigns, and Project
<br />Sponsor and the successors and assigns of Project Sponsor in and
<br />to all or any part of the fee title to the Property shall have the
<br />right to consent and agree to changes in, or to eliminate in whole
<br />or in part, any of the covenants, easements, or restrictions
<br />contained in this Agreement Containing Covenants or to subject the
<br />Property to additional covenants, easements, or other restrictions
<br />without the consent of any tenant, lessee, easement holder,
<br />licensee, mortgagee, trustee, beneficiary under a deed of trust,
<br />or any other person or entity having any interest less than a fee
<br />in the Property.
<br />9. The covenants established in this Agreement Containing
<br />Covenants, shall, without regard to technical classification and
<br />designation, be binding on Project Sponsor and any successor in
<br />interest to the Property or any part thereof for the benefit and
<br />in favor of City, its successors and assigns, and City. The
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<br />Garfield HOPWA Agreement
<br />11-07-01
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