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<br />at affordable housing cost to families of moderate income, as those terms are defined
<br />under Health and Safety Code sections 50052.5 and 50093, respectively (each, an
<br />"Affordable Unit" and collectively, the "Affordable Unitslt) for a period of forty-five (45)
<br />years; and
<br />
<br />WHEREAS, Owner is a Qualified Buyer, as that term is hereinafter defined, and
<br />thereby eligible to occupy an Affordable Unit; and
<br />
<br />WHEREAS, the purpose of this Resale Agreement i~.,:., j~~~tace adequate controls
<br />on the Affordable Units, provide eligibility requirements fo.~/'''''' uent purchasers, and
<br />reserve unto the City an option to purchase the Subje . i" ble Unit, as that term is
<br />hereinafter defined. '\':!;'~,fL
<br />'. ::.:;.,;.: ~~.:....
<br />"::~~~~~~i~~f.~~:~
<br />NOW THEREFORE, Owner declares that the Subject Affo~dii-t;.,. :. Units described
<br />herein below is held and will be held, transferred, encumbered, use". L:'QJd, conveyed,
<br />leased and occupied subject to the covenants, restrictions and limitatlfiil!iiset forth in
<br />this Resale Restriction Agreement and Option to Purchase (the "Resale""~greement"),
<br />all of which are in accordance with the requirements of the Precise Plan. All of the
<br />restrictions, covenants and limitaf.'. .,,:.~i11 run with the land and will be binding on all
<br />parties having or acquiring any . ',,;:'" e.. or interest in the Subject Affordable Unit
<br />described below, or any part the reo ;::::"_,,. .... ,improvements related thereto, and will
<br />inure to the benefit of the City. Eac';:;1;,"; n . . .. .,onveyance or purchaser under a
<br />contract or agreement of sale coveri .,. nYi:iL. ,t. ....J interest in any part of the
<br />Subject Affordable Unit, by accepting '. .;i~\l:"~1;"or a C . ract of sale or agreement of
<br />purchase, accepts the Subject Affordable ...,...., , subject to, and agrees to be bound by all
<br />of the restrictions, covenants and limitations.~ forth in this Resale Agreement.
<br />.~~~.
<br />
<br />1 Caoitalized Terms and Definiti .'. All capitalized terms not otherwise
<br />defined herein shall have the same meaning ascribed to them by the Precise Plan,
<br />unless the context clearly indicates a different meaning. For purposes of this Resale
<br />Agreement, the following terms shall have the meaning set forth below:
<br />
<br />City - shall mean the City of Redwood City. a municipal corporation of the State of
<br />California.
<br />
<br />Closing Costs - shall mean the actual and reasonable costs to Owner, including real
<br />estate commissions or sales administrative fees, real estate transfer taxes, title insurance,
<br />and escrow costs incurred by reasons of the Transfer of the Subject Affordable Unit by
<br />Owner, but shall not include the costs of repair or rehabilitation of the Subject Affordable
<br />Unit for matters such as termite damage, appliance replacement, and the like.
<br />
<br />Eligible First Loan - shall mean a fully amortized fixed rate first mortgage loan with a
<br />term of up to thirty (30) years available from an institutional lender, including without
<br />limitation, commercial banks, savings banks, credit unions or similar lenders, which loan
<br />does not include any of the following: (i) a prepayment penalty, (ii) loan points in excess
<br />REDW\O001 \DOC\023--2.DOC
<br />11124/08 730 HvT
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