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ATTY/AGR/2015/AMENDMENTS/AMEND NO.1 – OMNIBUS LOAN DOCUMENTS CITY CENTER PLAZA <br />REV: 10-23-15 VR <br />OAK #4832-5708-5993 v2 <br />Page 18 of 24 <br />EXHIBIT D <br />Form of Assignment and Amendment of Covenant <br /> <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br /> <br />City of Redwood City <br />1017 Middlefield Road, <br />Redwood City, CA 94063 <br />Attn: City Clerk <br /> <br />(Space Above This Line for Recorder’s Use Only) <br />Exempt from recording fee per Gov. Code § 27383. <br /> <br />ASSIGNMENT AND AMENDMENT TO AFFORDABILITY HOUSING COVENANT <br /> (City Center Plaza) <br /> <br /> <br /> THIS ASSIGNMENT AND AMENDMENT TO AFFORDABILITY HOUSING <br />COVENANT (the “Amendment”) is dated ______________, 2016, assigns and amends that <br />certain Affordability Housing Covenant which was recorded in the Official Records of San <br />Mateo County on June 28, 1996 as instrument number 96-079147 (the “Original Covenant” and <br />as assigned and amended by this Amendment, the “Covenant”) and is among the City of <br />Redwood City, a municipal corporation, as successor agency to The Redevelopment Agency of <br />the City of Redwood City (“Terminating Agency”), the City of Redwood City, a municipal <br />corporation, as housing successor agency to The Redevelopment Agency of the City of Redwood <br />City (“Agency”), Mezes Court Associates, a California Limited Partnership (“Original Owner”), <br />and [New Owner], a California Limited Partnership (“Owner”). <br /> <br />RECITALS <br /> <br />A. The Redevelopment Agency of the City of Redwood (“Original Agency”), the <br />“Agency” under the Original Covenant, dissolved on February 1, 2012, as required by Assembly <br />Bill X1 26 signed into law as part of the State of California’s budget package on June 29, 2011, <br />and its assets and functions, including without limitation its rights under the Original Covenant, <br />were transferred to the Agency and Terminating Agency. <br /> <br />B. As provided herein: (i) Original Owner and Owner wish to assign Original <br />Owner’s interest in the Original Covenant to Owner; (ii) Terminating Agency wishes to <br />acknowledge the termination and release of its interest in the Original Covenant; and (iii) to <br />assist in the rehabilitation of the Mortgaged Property, Owner and Agency wish to amend the <br />Original Covenant. <br /> <br />C. All capitalized terms used but not defined in this Amendment have the meanings <br />set forth in the Original Covenant. <br /> <br />6.3.A. - Page 26