Resolution 2010-34 - Laserfiche WebLink

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amendment may be effective as to some but not all of the units, in which event it need be approved only by the unit owner(s) of the unit(s) so involved. 15. Enforcement. (a) Right to Enforce. The City and LHA, jointly and individually, hereby reserve, and FHFH all proposed eligible buyers and the unit owners are deemed to have granted the City and LHA, jointly and individually, the right to review and enforce compliance with all provisions of this Agreement, as further set forth in this Section. (i) In the event that the City or LHA has reasonable cause to believe that the FHFH or a unit owner is in default of any of the provisions of this Agreement, then the City or LHA may inspect the unit between the hours of 8:00 a.m. and 7:00 p.m., Monday through Saturday, after providing the unit owner no less than twenty -four hours advance written notice. (ii) In the event of any default under this Agreement, the City or LHA shall give the FHFH, unit owner or proposed eligible buyer who is in default, 30 days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City and LHA within 30 days from the giving of such notice, the City or LHA may pursue any or all remedies available to it, as set forth in Subsection 15(a)(iii) below. (iii) The City and LHA each hereby reserves and shall have, jointly and individually, the right to enforce this Agreement and the covenants herein by pursuing any and all remedies provided by law or in equity. Such remedies shall include, by way of example and not limitation, the right to specific performance; the right to a mandatory injunction ordering a reconveyance when required by Section 7 hereof; the right to a mandatory injunction requiring any sale of any dwelling unit upon the Property conform to the covenants herein; the disgorgement of profits received from any sale conducted in violation of this Agreement, and damages and injunctive relief for breach hereof. All of the remedies available to the City and LHA shall be cumulative, and an election to pursue any remedy shall not preclude the City or LHA from then or later pursuing any one or more other remedies. (b) In the event the City or LHA, jointly or individually, resorts to litigation with respect to any default under this Agreement, and therein prevails, the City and LHA shall be entitled to recover its damages and costs, including reasonable attorneys' fees and expert witness fees. (c) Venue for any action for breach of, or to enforce, this Agreement shall be proper in Boulder County, Colorado. 16. Miscellaneous Provisions. (a) Senior to Other Liens. This Agreement shall be subordinate only to the lien of a first deed of trust to secure a loan to purchase a unit and shall be senior to, and shall not be subordinated to, any other liens or encumbrances. This Agreement shall survive and not be 8