RES 85299 - Laserfiche WebLink

B. Willful and Intentional Noncompliance: If the City Council finds that there were willful and intentional violations of this Agreement during the time period covered by the Annual Report or the failure to pay amounts determined pursuant to subsection A within the period specified, then, in addition to the dollar value of the violation the term of this Agreement may be extended for a period of up to one (1) year, as the City Council shall deem appropriate. C. Recordation of Lien: The Developer hereby agrees and irrevocably authorizes the City to record in the Office of the County Recorder for the County of Alameda ("County Recorder") any determination which the City Council shall make pursuant to subsection B. Any determination pursuant to subsection B shall constitute a lien upon the Lots, but shall be junior and of lower priority than any bona fide security interest or lien on the Lots recorded prior to the time of recordation of City's lien. 12. Recordation of Agreement: The Developer hereby agrees and irrevocably authorizes the City or its representative to record this Agreement with the County Recorder, provided that City shall not record this Agreement until the final map has been prior to the recording of the final map, the Developer agrees that the new owner will be obligated to acknowledge and will execute this Agreement as necessary to make this a recordable document upon request of City. 13. Covenants to Run With the Land: The Developer hereby subjects the Lots to the covenants, reservations and restrictions set forth in this Agreement. The City and the Developer hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors in title to the project; provided, however, that on the termination of t~is Agreement (fifteen (15) years after the date established pursuant to Section 6, above) ("termination date") said covenants, reservations and restrictions shall automatically expire, provided that the then owner of the five (5) affordable units may cause to be recorded at the termination date, a document in the form of Exhibit "C" attached hereto, to conclusively establish termination of the effect of this Agreement upon the Lots. Each and every contract, deed or other instrument hereafter executed covering or conveying the project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. 14. Burden and Benefit: The City and the Developer hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the lands and constitute covenants running with the land. - 5 -