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<br />, .. <br /> <br />>) <br /> <br />the Developer seek alternative ways of soliciting eligible homebuyers, but only upon City approval <br />of such alternatives. The City reserves the right to approve all homebuyers selected by the <br />Developer to ensure compliance under the City's Inclusionary Zoning Ordinance. <br /> <br />1.6 Qualification of Affordability. The Developer of the Property shall submit an <br />affidavit to the City certifying that the buyers are qualified low- or moderate-income households and <br />will pay affordable ownership costs, as determined by Section 6-3004(B),(I),(R),and (S) of San <br />Leandro Zoning Code Part VI, Section 30. <br /> <br />2.0 Indemnity. <br /> <br />Developer agrees to indemnify, defend and hold harmless City and its officers, employees, <br />and agents from and against any and all claims, liabilities, losses, damages, causes of action, and <br />obligations arising out of Developer's failure to perform the terms of this Agreement, except to the <br />extent City's negligence or willful misconduct is the cause of such action. Said indemnity shall <br />apply to personal injury, death, property damage, economic loss, and any other monetary damage <br />or penalty which City may be subjected, including without limitation, attorney's fees and costs. <br /> <br />3.0 Enforcement. <br /> <br />3.1 Events of Default. In the event City finds that Developer defaults in the <br />performance or observance of any covenant, agreement or obligation of Developer set forth in this <br />Agreement, and if such default remains uncured for a period of (30) days after written notice <br />thereof shall have been given by City, or, in the event said default cannot be cured within said time <br />period, or Developer has failed to commence to cure such default within said thirty (30) days and <br />diligently prosecute said cure to completion, then City shall declare an "Event of Default" to have <br />occurred hereunder and, at its option, may take one or more of the following steps: <br /> <br />(a) By mandamus or other suit, action or proceeding at law or in equity, <br />require Developer to perform its obligation and covenants hereunder or enjoin any acts or <br />things which may be unlawful or in violation of this Agreement. <br /> <br />(b) Take possession of the specific parcels designated on the [Map and/or <br />Permit] as the location of the Affordable Unit and construct, or cause to be constructed, <br />the Affordable Unit on said parcels. <br /> <br />(c) Take such other action at law or in equity as may be reasonably <br />necessary or appropriate to enforce the obligations, covenants and agreements of <br />Developer hereunder. <br /> <br />Failure or delay in giving notice shall not constitute a waiver of default, nor shall it change <br />the time of default. <br /> <br />3.2. Remedies Not Exclusive. In any case where this Agreement provides a specific <br />remedy to City for default by Developer hereunder, such remedy shall be in addition to, and not <br />exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it <br />may be entitled. <br /> <br />Page 3 of27 <br />