Occupancy, Land Use and Development Restriction Agreement

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A. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement by reference and made part of this Agreement. B. Agreement to Comply with Restrictions. In satisfaction of the Ministerial Approval conditions, the Owner hereby accepts the obligation to notice all future buyers and successors in interest of all conditions which apply to the Property. C. No Further Subdivision under Section 66411.7. The Property may not be further subdivided under the procedures outlined in Government Code Section 66411.7 or successor provisions. D. Residential Uses Only. The Property shall be used for residential purposes only. E. Short -Term Rentals Prohibited. Any dwelling unit on the Property may only be rented for a period longer than thirty (30) days, F. Conformance with Code. All dwelling units located on the Property shall conform to the requirements of the Code, as of the date of the Ministerial Approval. Because the restrictions contained in this Agreement memorialize a land use approval pursuant to the Code, the Ministerial Approval conditions shall continue to apply to the Property, even if this Agreement is terminated or removed from title following a foreclosure.' G. Cooperation Required. The Owner agrees to fully cooperate with the City in promptly providing all information requested by the City to assist the City in monitoring Owner's compliance with this Agreement. H. Rights Appurtenant. The City and the Owner hereby declare their express intent that the covenants and restrictions of this Agreement shall run with the land, and shall pass to and be binding upon all parties having any interest in the Property, including all successors in title to the Property. Each and every contract, deed, lease or other instrument covering, conveying or otherwise transferring the Property or any interest therein, as the case may be, shall conclusively be held to have been executed, delivered and accepted subject to this Agreement regardless of whether the other party or parties to such contract have actual knowledge of this Agreement. I. Enforcement. The City may enforce the provisions hereof through any proceedings at law or in equity which are available to it. J. No Waiver. No delay or omission in the exercise of any right or remedy of City upon any default by Owner shall impair such right or remedy or be construed as a waiver. The City's failure to insist in any one or more instance upon the strict observance of the terms of this Agreement shall not be considered a waiver of the City's right thereafter to enforce the provisions of the Agreement. The City shall not waive its rights to enforce 2089\03\3181680.1