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<br />6.1C
<br />Page 21
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<br />at affordable housing cost to families of low or moderate income, as those terms are
<br />defined under Health and Safety Code sections 50052.5 and 50093, respectively (each,
<br />an "Affordable Unit" and collectively, the l'Affordable Units") for a period of forty-five (45)
<br />years; and
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<br />WHEREAS, Owner is a Qualified Buyer, as that term is hereinafter defined, and
<br />thereby eligible to occupy an Affordable Unit; and
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<br />WHEREAS, the purpose of this Resale Agreement isJP~;place adequate controls
<br />on the Affordable Units, provide eligibility requirements fO~i$~bsequent purchasers, and
<br />reserve unto the City an option to purchase the Subjec~-~1fb:~~~ble Unit, as that term is
<br />hereinafter defined. ,;t;;;~/;[!'"
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<br />NOW THEREFORE, Owner declares thattneSubject Affordable, Units described
<br />herein below is held and will be held, transf~rr~d, encumbered, usedl~pld, conveyed,
<br />leased and occupied subject to the coven~tlt~, restrictiorsand limitation~set forth in
<br />this Resale Restriction Agreement and Opti6h,to. Purqp~$e (the "Resale Agreement"),
<br />all of which are in accordance with the require01~n~~i~fthe Precise Plan. All of the
<br />restrictions, covenants and limitati()~s:will run Witff;~*,' land and will be binding on all
<br />parties having or acquiring any rig~~,'-ti~I~::or interes'Hiq the Subject Affordable Unit
<br />described below, or any part thereof,Band -t();flflY'improve~~nts related thereto, and will
<br />inure to the benefit of the City. Each,~rantee':bf:CI,;ponvey~~ce or purchaser under a
<br />contract or agreement of: !)~Ie covering any ri,ght, t\tl,e pr ihterest in any part of the
<br />Subject Affordable Unit,:by aCCepting cLd~$d' or a contract of sale or agreement of
<br />purchase, accepts t~e Subject Aff(.>rdable Unit, subject to, and agrees to be bound by all
<br />of the restrictions; covenants andljmitationss~t forth in this Resale Agreement.
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<br />. . . , . . :. ........
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<br />1~aPitalize~'-r.~~saHd'>]Jefinitidns. All capitalized terms not otherwise
<br />defined her~ltl,~t1~1I ha\Jetf1,:'"e same mean'i:ng ascribed to them by the Precise Plan,
<br />unless~h~>contextc'~~rlyhl~igates a different meaning. For purposes of this Resale
<br />Agr~;~ment, the followih.....,~.term~s:sh, a, II have the meaning set forth below:
<br />. . . . . . ~
<br />. - . .
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<br />.. .:....;.: "., '.
<br />~ . :.',. . ~.:: ':: .;- .: ~
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<br />City - sh~~ mean the Gi~~,of Redwood City, a municipal corporation of the State of
<br />California. ,"
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<br />Closing CostS-:ishallh'1~cm the actual and reasonable costs to Owner, including real
<br />estate commissionS,bf$ales 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.
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<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 />11/24/08 730 HvT
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