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FRIENDS OF THE LACY HISTORIC NEIGHBORHOOD-2011
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FRIENDS OF THE LACY HISTORIC NEIGHBORHOOD-2011
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Last modified
3/28/2017 12:05:09 PM
Creation date
4/26/2011 10:53:10 AM
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Contracts
Company Name
FRIENDS OF THE LACY HISTORIC NEIGHBORHOOD
Contract #
A-2011-105
Agency
COMMUNITY DEVELOPMENT
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Restriction shall be governed by the laws of the State of California. Any legal action brought <br />under this declaration must be instituted in the Superior Court of the County of Orange, State of <br />California, or in the Federal District Court in the Central District, Santa Ana Division. <br />15. Indemnification. Homebuyer shall pay for, defend, indemnify and hold harmless <br />Agency and the City and their respective officers, officials, agents, employees, representatives, <br />and volunteers from and against any loss, liability, claim, or judgment relating in any manner to <br />Homebuyer's use of the Property or Homebuyer's violation of this Restriction. Homebuyer shall <br />remain fully obligated for the payment of taxes, liens and assessments related to the Property. <br />There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to Agency <br />to make such payments, by virtue of this Restriction. <br />16. Insurance. Homebuyer shall maintain, during the term of this Restriction, an <br />all-risk property insurance policy insuring the Property in an amount equal to the full <br />replacement value of the structures on the Property. The policy shall contain a statement of <br />obligation on behalf of the carrier to notify the Agency of any material change, cancellation or <br />termination of coverage at least thirty (30) days in advance of the effective date of such material <br />change, cancellation or termination. Homebuyer shall transmit a copy of the certificate of <br />insurance to Agency within thirty (30) days of the effective date of this Restriction, and <br />Homebuyer shall annually transmit to Agency a copy of the certificate of insurance, signed by an <br />authorized agent of the insurance carrier setting forth the general provisions of coverage. The <br />copy of the certificate of insurance shall be transmitted to Agency at the address set forth in <br />Section 24 hereof. The form, content and issuer of any certificate of insurance approved by <br />Agency. <br />17. Defaults. Failure or delay by either party to perform any term or provision of this <br />Restriction which is not cured within thirty (30) days after receipt of notice from the other party <br />constitutes a default under this Restriction; provided, however, that if such default is of the <br />nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default <br />hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently <br />pursuing such cure to completion. The party who so fails or delays must immediately commence <br />to cure, correct or remedy such failure or delay, and shall complete such cure, correction or <br />remedy with diligence. The injured party shall give written notice of default to the party in <br />default, specifying the default complained of by the injured party. Except as required to protect <br />against further damages, the injured party may not institute proceedings against the party in <br />default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall <br />not constitute a waiver of any default, nor shall it change the time of default. <br />18. Non-Waiver. Failure to exercise any right Agency may have or be entitled to, in <br />the event of default hereunder, shall not constitute a waiver of such right or any other right in the <br />event of a subsequent default. <br />19. Further Assurances. Homebuyer shall execute any further documents consistent <br />with the terms of this Restriction, including documents in recordable form, as Agency shall from <br />time to time find necessary or appropriate to effectuate its purposes in entering into this <br />Restriction. <br />EXHIBIT D-14 TO ATTACHMENT NO. 11 <br />Affordable Housing Resale Restriction <br />D OC SOC11400673v141200272-0001
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