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AgdaPkt 2009-05-18
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AgdaPkt 2009-05-18
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Last modified
6/17/2009 9:30:58 AM
Creation date
5/14/2009 4:02:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council and Redevelopment Agency
Date
5/18/2009
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<br />6.1G <br />Page 28 <br /> <br />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 mortgage interest rates. In other <br />words, Equity Loss is not intended to serve as a guarantor of general real estate market <br />conditions and Owner bears the sole risk of an unfavorable change in housing prices <br />which may result in Ownef losing money on the resale of the Subject Affordable Unit. <br />Equity Loss shall not be understood or construed to mean that Owner is ensured of <br />feceiving any net sales proceeds from the sale of the Subject Affordable Units to the <br />City Of that Owner will not be required to bring in funds to close the purchase escrow. <br />Many factors may affect whether Owner may be required to bring in closing funds. For <br />example, where Owner has been delinquent in loan repayment leading to an increase in <br />the original loan balance due to penalties and interest, Owner has been delinquent in <br />the payment of real property taxes and assessments, or Owner has caused. the <br />encumbrance of the Subject Affordable Unit with any liens, judgments or other <br />encumbrances, are all just a few of the factors which could affect whether Owner will be <br />required to bring in funds to close escrow. Owners inability or failure to bring in <br />sufficient funds to close escrow could prevent the close of escrow in violation of this <br />Resale Agreement, sale of a Subject Affordable Unit and/or have an adverse affect on <br />Owner's credit rating. <br /> <br />14. Reoresentations and Warranties. Owner represents and warrants that all <br />the information submitted to the City in connection with Owner's purchase of the Subject <br />Affordable Unit, Owner's prospective Transfer of the Subject Affordable Unit to a <br />Proposed Purchaser, or any benefit received in accordance with the terms of this <br />Resale Agreement is true and intended to comply with all the terms of the Resale <br />Agreement Any misrepresentation will be considered a default of this Resale <br />Agreement. <br /> <br />15. Events of Default: Enforcement. In. the event of a default in the <br />performance or observance of any covenant, agreement or obligation as set forth in this <br />Resale Agreement, the. City may give written notice to Owner in the manner specified in <br />Section 22 of this Resale Agreement, specifying the nature of the violation. If such <br />default remains uncured 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 />require Owner or its successors in interest to perform its obligations <br /> <br />REOW\OOO1\00C\023-2.00c <br />11/24108 730 HvT <br /> <br />11 <br />
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