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<br />(b) Declare a forfeiture of any security required by this Agreement to be <br />deposited by Developer to secure the performance of the covenant to construct, or cause <br />to be constructed, the Affordable Units and to use any such security to obtain the <br />performance for which the security was offered. <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 />4. Covenants to Run with the Land. <br /> <br />4.1 Covenants, Reservations, Restrictions. Developer hereby subjects the Property <br />to the covenants, reservations and restrictions set forth in this Agreement and the Resale <br />Restrictions, a true and correct copy of which is attached hereto as Exhibit C and the terms of <br />which are incorporated herein by this reference. City and the Developer hereby declare their <br />express intent that all such covenants, reservations and restrictions shall be deemed covenants <br />running with the land and shall pass to and be binding upon the Developer's successors in title to <br />the Property. All covenants without regard to technical classification or designation shall be <br />binding for the benefit of City, and such covenants shall run in favor of City for the entire term of <br />this Agreement. Each and every contract, deed or other instrument hereafter executed covering or <br />conveying the Property or any portion thereof shall conclusively be held to have been executed, <br />delivered and accepted subject to such covenants, reservations and restrictions set forth in this <br />Agreement, regardless of whether such covenants, reservations and restrictions are set forth in <br />such contract, deed or other instrument. <br /> <br />4.2 Attorneys' Fees. In the event that a party to this Agreement brings an action <br />against the other party hereto by reason of the breach of any condition or covenant, representation <br />or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in <br />such action shall be entitled to recover costs of suit, including reasonable attorney's fees, as may <br />be fixed by the court rendering judgment. Attorney's fees shall include attorney's fees on any <br />appeal. <br /> <br />4.3 Amendments. This Agreement shall be amended only by a written instrument <br />executed by the parties hereto or their successor in title, and duly recorded in the real property <br />records of the County of Alameda, California. <br /> <br />5. Future Enforcement by City. <br /> <br />988076-1 4 <br />