1231 Warren - Occupancy, Refinancing and Resale Restriction Agreement

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any, (d) escrow costs and charges, (e) Realtor broker fees and any other resale costs, charges credits, allowances or other consideration, if any. (4) A written certification, from the Owner and the Proposed Purchaser in the form attached hereto as Exhibit G'stating that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by the City. The certification shall also provide that the Proposed Purchaser or any other party has not paid and will not pay to the Owner, and the Owner has not received and will not receive from the Proposed Purchaser or any other parry, money or other consideration, including personal property, in addition to what is set forth in the sales contract and documents submitted to the City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certification submitted to the City, the City shall have the right to foreclose on the Home or file an action at law or in equity as may be appropriate. In any event, any costs, liabilities or obligations incurred by the Owner and the Proposed Purchaser for the return of any moneys paid or received in violation of this Agreement or for any of the Owner's and/or the Proposed Purchaser's costs and legal expenses, shall be borne by the Owner and/or the Proposed Purchaser and they shall hold the City and its designee harmless and reimburse the City's and its designee's expenses, legal fees and costs for any action they reasonably take in good faith in enforcing the terms of this Agreement. (5) An executed buyer's Occupancy, Refinancing, and Resale Restriction Agreement with Option to Purchase and an executed City Deed of Trust from the Proposed Purchaser in forms provided by the City. The recordation of the new City Deed of Trust and buyer's Occupancy, Refinancing, and Resale Restriction Agreement with Option to Purchase shall be a condition of the City's approval of the proposed sale. (6) The name of the title company escrow holder for the sale of the Home, the escrow number, and name, address, and phone number of the escrow officer. (7) Such other relevant information as the City may reasonably request. If, following City's review of the documents and materials above, City reasonably determines that the Proposed Purchaser is income -qualified as an Eligible Purchaser and that the resale of the Home will fulfill the terms and conditions of this Agreement, the City shall deliver a written acknowledgment to the Owner and Proposed Purchaser indicating its approval of the resale of the Home to the Proposed Purchaser and thereafter, the Proposed Purchaser may acquire the Home subject to the satisfaction of all terms and conditions of this Agreement. Upon the close of the proposed sale, Owner and Proposed Purchaser shall provide to City certified copies of the recorded City Deed of Trust and buyer's Occupancy, Refinancing, and Resale Restriction Agreement with Option to Purchase, a copy of the final sales contract, settlement statement, escrow instructions, and any other documents, which the City may reasonably request. REV: 06-30-22 SK ATrY/AGR.2022.166/Hugo Alberto Zarco Vargas & Andrea Vergare Cardenas (Page 12 of 40)