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RecDoc2022-081041 1231 Warren St. #105
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RecDoc2022-081041 1231 Warren St. #105
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Last modified
12/21/2022 11:43:38 AM
Creation date
12/21/2022 11:42:07 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Occupancy, refinancing and release restriction
Doc Num
2022-081041
Rec Date
11/22/2022
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income for an Eligible Purchaser; (2) the certifications required of an Eligible Purchaser: <br />and (3) the Maximum Allowable Sales Price for the Home, calculated by the City in <br />accordance with Exhibit B of this Agreement. Owner shall acknowledge receipt of the First <br />City Response Notice in the form attached hereto and incorporated herein as Exhibit E. <br />A. City Exercise of, Cit <br />-Y Purchase Option. The First City Response Notice may <br />notify the Owner that the City or'a'n 'Eligible Purchase selected by the City ("City <br />Designated Purchaser") elects to exercise the City Option to purchase the Home, which City <br />Option shall proceed as set forth in Section 10 of this Agreement. The First City Response <br />Notice shall include the City's calculation of the (i),Maximurn Allowable Resale Price to be <br />paid by the City or a City Designated'Purichaser, calculated by the City in accordance with <br />Exhibit B of this Agreement; and (ii) the transaction fee to be paid by the Owner pursuant to <br />Section 10 below. <br />B. Owner Sale at a Restricted Sales Price to Eligible Purchaser. Alternatively, <br />the First City Response Notice may notify the Owner that the City or a City Designated <br />Purchaser will not exercise the City Option to purchase the Home. Upon receipt of such <br />notice, the Owner may proceed to sell the Home to an Eligible Purchaser at a price not to <br />exceed the Maximum Allowable 'Resale Price pursuant to the procedure set forth in 'Section <br />9 below. In this event, the First City Response Notice shall include the following <br />information: (1) the maximum. qualifying income for an Eligible Purchaser; (2) the <br />certifications required of an Eligible Purchaser; and (3) the Maximum Allowable Resale <br />Price the Owner may receive for the Home, calculated by the City in accordance, with <br />Exhibit B of this Agreement. <br />9. SALE OF HOME TO ELIGIBLE PURCHASER AT RESTRICTED PRICE <br />Followingreceipt of the First City Response Notice notifying the Owner of the <br />Maximum Allowable Sales Price, the Owner may proceed to sell the Home in compliance <br />with. the following requirements: <br />A. Marketing Period. The Owner shall have two hundred forty (240) days from <br />the date of the First City Response Notice, (the "Marketing Period") to market the Home and <br />.find an Eligible Purchaser. During the Marketing Period, the Owner shall use bona fide <br />good faith efforts to sell the Home to an Eligible Purchaser in compliancee-with this Section <br />11, including listing the Home on the Multiple Listing Service, keeping the Home in an <br />orderly condition, making the Home available to show to agents <br />s I and prospective buyers, and <br />providing buyers with Eligible Purchaser requirements, including income qualifications and <br />the City's form of disclosure statement summarizing the terms of the buyer's Occupancy, <br />Refinancing, and Resale Restriction Agreement with Option to Purchase that will have to be <br />executed by a Proposed Purchaser. A proposed purchaser ("Proposed Purchaser"), who the <br />Owner believes will qualify as an Eligible Purchaser, shall be referred to the City for an <br />eligibility determination. <br />B. Local Preference. In selecting a Proposed Purchaser, to the extent permitted <br />by applicable law including fair housing laws, Owner shall grant a preference to purchase <br />the Home to Eligible Purchasers (as defined below) who (1) are displaced by any activity <br />(including the exercise of police powers and code enforcement) of the City or as provided in <br />REV: 06-30-22 SK <br />ATTY/AGR.2022.166/Hugo Alberto Zarco Vargas & Andrea Vergara Cardenas (Page 10 of 40) <br />
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