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75C - PH - FIRST AND PACIFIC PROJECT
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75C - PH - FIRST AND PACIFIC PROJECT
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Last modified
4/28/2016 3:59:29 PM
Creation date
4/28/2016 3:52:09 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
5/3/2016
Destruction Year
2021
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4. The Owner shall comply with all of the use and maintenance provisions <br />and obligations set forth in the Project CC&Rs. <br />111. Default <br />If the Owner defaults in the performance or observance of any covenant, <br />condition or restriction of the Owner set forth in this Incluslonary Housing <br />Covenants Declaration, and if such default remains uncured for a period of thirty <br />(30) days after written notice has been given by the City (or, If such cure <br />reasonably takes longer than thirty (30) days, if such cure has not been <br />commenced within the thirty (30) day period or is not diligently completed within a <br />reasonable time, not to exceed an additional sixty (60) calendar days), or in the <br />event the Owner has provided false information or documentation required in <br />connection with the purchase or resale of an Inclusionary Unit, then the City may <br />declare an Event of Default has occurred. In that event, the City may exercise <br />any or at[ of its rights or remedies under this Incluslonary Housing Covenants <br />Declaration, including without limitation any or all of the following: <br />by any suit, action or proceeding at law or in equity, require the Owner to <br />perform Its obligations and covenants under this Inclusionary Housing <br />Covenants Declaration or enjoin any unlawful acts; <br />take such other action at law or in equity as may appear necessary or <br />desirable to enforce the Owner's obligations, covenants and agreements; <br />and <br />3, in addition to the foregoing remedies, in the event that the Owner rents or <br />resells the Incluslonary Unit in violation of this Inclusionary Housing <br />Covenants Declaration, as restitution, the Owner shall forfeit, and the City <br />shall have the right to recover the following monetary amounts: <br />a. If the Owner rents the Inclusionary Unit in violation of this <br />Inclusionary Housing Covenants Declaration, the Owner shall forfeit <br />all monetary amounts obtained through the rental of the <br />incuslonary Unit, <br />b. If the Owner resells the Inclusionary Unit in violation of this <br />Inclusionary Housing Covenants Declaration, the Seller and the <br />new Owner shall be jointly and severally liable to the City for an <br />arnount equal to difference between the Fair Market Value and the <br />Affordable Sales Price for the Incluslonary Unit. However, the <br />—HourFq—c7ov-6Zn—tv, 667r—Awmi on P190 241 <br />City of Sanla Ana January 2015 <br />75C-142 <br />
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