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reimbursed upon demand by the Declarant or other person or entity responsible for the default or breach within
thirty (30) calendar days of invoicing.
17. No waiver by the City of a specific breach or default of this Declaration shall be enforceable unless the waiver is in
writing and signed by a person with authority to make the waiver, and any such waiver shall not constitute a waiver
of any other or subsequent breach or default of this Declaration of the same or similar or different nature. No failure
by the City to exercise, and no delay in exercising, any right or remedy permitted by law or pursuant to t
Declaration shall operate as a waiver of such right or remedy.
18. Upon any default or breach of this Declaration by the Declarant, the City shall have authority to issue stop work
orders, suspend or revoke any or all building, grading, use and occupancy permits, and any other permits or
approvals issued to the Declarant in connection with the Property or any MPDU, and to deny the issuance of all
sequent permits or approvals, or suspend or revoke subsequent permits or approvals issued in connection
the Property or any MPDU, and invoke any other enforcement measures authorized by Chapter 20.30 of the Code,
as may be amended, any applicable regulations of the City’s Department of Planning and Zoning, and any other
application laws, regulations or rules.
ARTICLE VIII – BINDING
19. This Declaration shall run with the Property and each MPDU, and shall be binding on each MPDU, the purchaser
e of each MPDU and on the Declarant, and their respective successors and assign
ARTICLE IX – MISCELLA
The Declarant shall indemnify, defend and hold the City, its elected officials, appointees, directors, employ
agents, and representatives harmless from all liability that may result from the Declarant’s breach of this Declaration,
or its failure to conform to the requirements of Chapter 20.30 of the Code, as may be amended, or its failure to
comply with any other law, regulation or rule that governs the construction, occupancy, sale or lease of any MPDU.
21. This Declaration shall survive the execution and delivery of all deeds by which the Declarant transfers title to the
Property or to any MPDU within and/or on the Property, and to all leases by which the Declarant rents any MPDU
within the Property, and shall not merge therein.
22. All notices required of the parties shall be sent to
on behalf of the Declarant and to the Department at 145 Gorman Street, 3rd Floor, Annapolis, Maryland 21401 on
behalf of the City. Except for any notice required to be given by law in another manner, the parties shall give notice
to each other for any matters having to do with this Declaration by sending such notice by regular or certified mail
or by delivering it in person to the address each has designated above, or such other address as they may designate
to the other. The parties may mutually agree that e-mail or fax notice is an acceptable alternative.
23. Nothing contained in this Declaration shall be construed to constitute the Declarant as an agent, representative or
employee of the City. Nor shall anything contained in this Declaration shall be construed in any manner to create
any relationship between the Declarant and the City other than what is expressly specified herein, and the Declarant
and the City shall not be considered partners or co-venturers for any purpose on account of this Declaration.
24. This Declaration shall be construed for all purposes in accordance with the laws of the State of Maryland. The venue
for any actions pursuant to this Declaration shall be the courts of Anne Arundel County, Maryland. The parties waive
trial by jury in any action brought pursuant to this Declaration.
25. This Declaration, the “Agreement to Build Moderately Priced Dwelling Units”, and the “Sales Offering Agreement
for Moderately Priced Dwelling Units”, all executed with the City, set forth the entire agreement between the parties
relative to the subject matter hereof. No representation, promise or condition, whether oral or written, not
incorporated herein shall be binding upon either party to this Declaration. This Declaration shall not be waived,
amended or modified except in writing and signed by the authorized representative(s) of the parties.