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AgdaPkt 2009-01-26 clsd and reg
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AgdaPkt 2009-01-26 clsd and reg
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Last modified
6/17/2009 9:16:48 AM
Creation date
1/22/2009 3:38:22 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
1/26/2009
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<br />6.1C <br />Page 30 <br /> <br />City shall cooperate with Owner in the timely execution of any documents reasonably <br />necessary to terminate this Resale Agreement with respect to the particular Subject <br />Affordable Unit. <br /> <br />This Section 13 shall not be construed or understood to confer any rights upon any <br />third parties whatsoever and exists solely for the benefit of Owner and the City. Equity <br />Loss shall not be available to Owner solely by reason of a general decline in housing <br />prices which mayor may not be attendant to a rise in mortgag~ interest rates. In other <br />words, Equity Loss is not intended to serve as a guarantor of:g~~ral real estate market <br />conditions and Owner bears the sole risk of an unfavoraJ?i~~Hdhange in housing prices <br />which may result in Owner losing money on the resale;c:>~itJr(~",Subject Affordable Unit. <br />Equity Loss shall not be understood or construed to'imE}antq~t~Owner is ensured of <br />receiving any net sales proceeds from the sale of;tpe'Subjecf Affordable Units to the <br />City or that Owner will not be required to bringtrifunds to close th~",~,~rchase escrow. <br />Many factors may affect whether Owner mayq~;'required to bring in 'ct()~ing funds. For <br />example, where Owner has been delinquent'rt'loan repayment leading to'anincrease in <br />the original loan balance due to penalties and'!it1teres~J'Bwner has been delinquent in <br />the payment of real property taxes and asses~r;n~~*s, or Owner has caused the <br />encumbrance of the Subject Affqr8able Unit witflIrany liens, judgments or other <br />encumbrances, are all just a few oY,:theJac~ors which ;coqJd affect whether Owner will be <br />required to bring in funds to c1os~H~~brc>w~;,()wner;s7'HnabiJity or failure to bring in <br />sufficient funds to close escrow couldprevenftm~close'6f-,~scrow in violation of this <br />Resale Agreement, saleQf~Subject Affordabf~:U,;itf.tnctl,orhave an adverse affect on <br />Owner's credit rating." , .' ...... 1 ; 'p' <br /> <br />14. ReDr~~entations and Warranties.; Owner represents and warrants that all <br />the information submitted to th~i(Pityi~ conne~i(?n with Owner's purchase of the Subject <br />Affordable Unit, Own~r;~ .~f~~'pecti~~HfJir~r~f~r of the Subject Affordable Unit to a <br />Proposed<tf?utPMa.~er, orH~~Y' benefitreceh/ed in accordance with the terms of this <br />Resale.~9reiem~h~ i$.,true;(~iIfl~ intended to comply with all the terms of the Resale <br />Agre~ment. Any tlil$repres~l;ltation will be considered a default of this Resale <br />Agreetn.~nt. 0:, -.'" <br /> <br />15.'; .... Events of [)efault: Enforcement. In the event of a default in the <br />performanceorobservan~,of any covenant, agreement or obligation as set forth in this <br />Resale Agreem~nt" the,,?ity may give written notice to Owner in the manner specified in <br />Section 24 of thi~R7~~fe Agreement, specifying the nature of the violation. If such <br />default remains unctJt~d for a period of thirty (30) days after such notice has been given <br />by the City, or such longer period as may be approved by the City in writing in its sole <br />discretion, then the City may declare that an Event of Default has occurred hereunder <br />and, in addition to other default remedies provided under this Resale Agreement, may <br />exercise anyone or more of the following, at its option: <br /> <br />(a) By mandamus or other suit, action or proceeding at law or in equity, <br /> <br />require Owner or its successors in interest to perform its obligations <br /> <br />REDW\OOO1 \DOC\023.2. DOC <br />11/24/08 730 HvT <br /> <br />11 <br />
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