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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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� , A <br /> Development, or in the event that this statistical index is no longer published, any <br /> other appropriate index as determined by Habitat. In no case however shall the <br /> increase in the original Purchase Price exceed three per cent(3%)compounded <br /> annually, except as provided below for Qualifying Improvements as have been <br /> made to the Property by the owner, which amount shall be added to the original <br /> Purchase Price as set forth in subsection k, below. <br /> k. Qualifying Improvements. A "Qualifying Imp rovement' ' shall be any-capital <br /> improvement, as opposed to repairs and maintenance, installed by the owner, <br /> which satisfies all the criteria set forth below.The value of the Qualifying <br /> Improvements shall be limited to a total of ten percent (10%) of the original <br /> Purchase Price. The value of the Qualifying Improvements shall be the sum equal <br /> to the original cost of materials and labor prorated over the expected useful life of <br /> the improvements. It shall be the obligation of the owner to establish by sufficient <br /> evidence that any improvements are a Qualifying Improvement and the value <br /> thereof. Habitat shall have the right to determine the value of any Qualifying <br /> Improvement in its sole and absoiute discretion. Further, in establishing any value <br /> to a Qualifying Improvement,Habitat shall have the right to consider any damage <br /> to capital improvements in the Property and may offset the Eligible Sales Price by <br /> the reasonable cost of repair on such damage. In order to be deemed a Qualifying <br /> Improvement, each improvement must satisfy the following qualifying criteria: <br /> �The cost of the improvement must exceed ten percent (10%) of the original Purchase <br /> Price, <br /> �The improvements must have a remaining expected useful life of at least five (5) years <br /> beyond the completion of the proposed transfer, <br /> OThe owner shall present substantiating documentation showing the original cost of <br /> materials and the original cost of labor for the improvement, and the date of its installation. <br /> 1. Assi�nment of Excess Sales Proceeds. If the Property is sold or otherwise <br /> - Transferred by the Owner, or any other party, in violation of this Addendum for <br /> ° more than the amount permitted under this Addendum, any proceeds of such sale <br /> or Transfer in excess of the Eligible Sales Price shall be deemed assigned to <br /> Habitat. Habitat shall be entitled to bring legal action against any pa�ty who has <br /> derived any proceeds of sale in excess of the Eligible Sales Price, to recover any <br /> such proceeds of sale in excess of the Eligible Sales Price.There shall be <br /> established a lien on the title to the Property so that if such excess proceeds of sale <br /> ' are not paid to Habitat, upon its demand, then Habitat has the right to enforce said <br /> lien on the Property pursuant to California Civil Code §§2924 et seq. <br /> : � <br /> m. No Further Encumbrances. Along with Redwood City restrictions for affordable <br /> ! � ownership housing, the owner shall be allowed to encumber the Property with a <br /> single purchase money deed of trust,being the deed of trust in connection with <br /> the Habitat Loan. Encumbering the title to the Property with more than Redwood <br /> City restrictions for affordable ownership housing and the Habitat Loan,except <br /> for an Approved Junior Lien, as set forth in the Addendum to the Deed of Trust <br /> or Habitat Loan, if such is allowed, is prohibited, and shall constitute a default of <br /> this Addendum. <br /> Attachment No. 7 <br /> Page 4 of 5 <br />
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