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2000 AGN APR 04 I03
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2000 April 04 Agenda Packet
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2000 AGN APR 04 I03
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FJMIIIIIIIIIIW� Mr -7777 77MU ff-T-77t = I <br />A. In lieu of and/or in addition to any provisions to cancel the Agreement as <br />referenced herein, City may specifically enforce, or enjoin the breach of, the <br />terms of this Agreement. <br />B. In the event of a breach or default under the provisions of this Agreement by <br />Owner, City shall give written notice to Owner by registered or certified mail <br />addressed to the address stated in this Agreement. Such breach or default must <br />be corrected to the reasonable satisfaction of the City within thirty (30) days <br />after receipt of the written notice, or within such a reasonable time as may be <br />required of cure the breach or default, if said breach or default cannot be cured <br />within thirty (30) days. If said breach or default Is not cured according to the <br />provisions of this section, then City may, without further notice, declare a default <br />under the terms of this Agreement and may bring any action necessary to <br />specifically enforce the obligations of Owner growing out of the terms of this <br />Agreement. City may apply to any court, state or federal, for injunctive relief <br />against any violation by Owner or apply for such other relief as may be <br />appropriate. <br />C. City does not waive any claim of default by Owner if City does not enforce or <br />cancel this Agreement. All other remedies at law or in equity, which not <br />otherwise provided for in this Agreement or in City's regulations governing <br />historic properties, are available to City to pursue in the event that there is a <br />breach of this Agreement. <br />D. No waiver by City of any breach or default under this Agreement shall deem to <br />be a waiver of any other subsequent breach thereof or default hereunder. <br />A. Owner hereby subjects the Historic Property described in Exhibit NAO hereto to <br />the covenants, reservations and restrictions as set forth in this Agreement. City <br />and Owner hereby declare their specific intent that the covenants, reservations <br />and restrictions as set forth herein shall be deemed covenants running with the <br />land and shall pass to and be binding upon the Owner's successors and assigns <br />in title or interest to the Historic Property. <br />B. Each and every contract, deed or other instrument hereinafter executed, <br />covering or conveying the Historic Property, or any portion thereof, shall <br />conclusively be held to have been executed, delivered and accepted subject to <br />the covenants, reservations and restrictions expressed in this Agreement <br />regardless of whether such covenants, reservations and restrictions are set forth <br />in such contract, deed or other instrument. <br />C. City and Owner hereby declare their understanding and intent that the burden of <br />the covenants, reservations and restrictions set forth herein touch and concem <br />the land In that Owner's legal interest in the Historic Property is rendered less <br />valuable thereby. City and Owner hereby further declare their understanding and <br />intent that the benefit of such covenants, reservations and restrictions touch and <br />concern the land by enhancing and maintaining the historic characteristics and <br />significance of the Historic Property for the benefit of the public and Owner. <br />
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