Agmt 2000 Davis Street Community Center

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a. To compel specific performance by Recipient of its obligations under this Regulatory Agreement, it being recognized that the beneficiaries of the Recipient's obligations hereunder cannot be adequately compensated by monetary damages in the event of the Recipient's default; b. To the extent permissible under laws and regulations protecting individual confidentiality, to have access to, to inspect, and to make copies and to audit all books and records of the Recipient pertaining to the Project; c. To conduct an evaluation of, and direct the Recipient with respect to, the management and operation of the Project in accordance with this Agreement. The reasonable expenses of the City or any consultants associated with such evaluation and direction shall be reimbursed by the Recipient. The Recipient shall follow all such directives, which may, at the option of the City, include replacing existing management with new management. In the event such default includes the failure of the Recipient to make any required payment to the City in a timely manner, or the imminent closure of the Project, the City may at its sole discretion select the new management. The City may retain attorneys and consultants to assist in such evaluation and the Recipient shall pay the reasonable fees and expenses of such attorneys of consultants and any other expenses incurred by the City in that connection. d. Notwithstanding any other provision of the law relating to the acquisition, management or disposal of real property by the State, the City shall have the power to do any or all of the following: 1. Possess, operate, complete, lease, rent, renovate, modernize, insure, or sell for cash or credit, in its sole discretion any properties conveyed to it in exchange for debentures as provided for by law. 2. Pursue to final collection by way of compromise or otherwise all claims against the Recipient assigned by Recipient to the City; or 3. Convey and execute in the name of the City deeds of conveyance, deeds of release, assignments and satisfactions of the Deed of Trust, and any other written instrument relating to real or personal property or any interest therein acquired by the City. SECTION 11. NOTICES All notices, certificates or other communications, with the exception of status reports required under Section 6, shall be sufficiently given and shall be deemed given on the second day following the date on which the same have been mailed by certified mail, postage prepaid, addressed as follows: If to the City: City of San Leandro 835 East 14th Street San Leandro CA 94577 Attn: Development Services Director 5