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Parcel to Sunflower Hill, as well as transmit the payment described in Section 3, above,to <br /> support the Sunflower Hill development, however, Developer acknowledges that the Sunflower <br /> Hill Concept Proposal may not be developed for reasons of financing, management or other <br /> issues Developer agrees that if the Sunflower Hill Concept Proposal or similar proposal on the <br /> Dedication Parcel is not built, or cannot be built, in the City's reasonable determination, that the <br /> City may use the Dedication Parcel and the payment described in Section 5, above, for other <br /> affordable housing purposes as provided in the Pleasanton General Plan <br /> 8 Disclosure to Project Homebuyers Developer shall provide written and recorded <br /> disclosure. in a form approved by the City's Housing Division, to each purchaser of a market rate <br /> home in the Project advising that the Dedication Parcel is to be developed with affordable multi- <br /> family housing <br /> 9 Covenants Running With The Land All of the provisions contained in this Agreement <br /> are binding upon and benefit the Parties and their respective heirs, successors and assigns, <br /> representatives, lessees, and all other persons acquiring all or any portion of the Property, or any <br /> interest therein, whether by operation of law or in any manner whatsoever All of the provisions <br /> of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants <br /> running with the land pursuant to California law, including, without limitation Civil Code <br /> section 1468 Each covenant herein to act or refrain from acting is for the benefit of or a burden <br /> upon the Project. as appropriate, runs with the Property and is binding upon each owner, <br /> including Developer and all successive owners, of all or a portion of the Property during its <br /> ownership of such property <br /> 10 Recordation This Agreement shall be recorded in Alameda County concurrently with <br /> the subdivision map for the Project and shall run with the land Upon any transfer of the Project, <br /> the transferring entity shall be released from liability under this Agreement upon <br /> acknowledgement of responsibility by transferee entity <br /> 11 Default, Remedies and No Waiver Except as provided in Sections 4, 5 and 6 as grounds <br /> for the City to withhold the issuance of building permits, as well as withhold building inspections <br /> for the entire Project, if Developer fails to perform an obligation hereunder, and such failure <br /> continues for thirty (30) days after receipt of written notice of such failure by the City (or such <br /> longer period of time as may be reasonably necessary to cure such failure)then Developer shall <br /> be in default hereunder After notice and expiration of the thirty-day period, the City, at its <br /> option, may institute legal proceedings for specific performance or other injunctive or <br /> declaratory relief to enforce this Agreement <br /> No waiver by either Party of any provision of this Agreement shall be considered a waiver of any <br /> other provision of any subsequent breach of the same or any other provisions, including the time <br /> for performance of any such provisions, and shall have no effect with respect to any other Party's <br /> rights and obligations hereunder The exercise by a Party of any right or remedy as provided in <br /> this Agreement or provided by law shall not prevent the exercise by the Party of any other <br /> remedy provided in this Agreement or under the law, and shall have no effect with respect to any <br /> other Party's rights and remedies as provided herein <br /> 5 <br />