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subject to this Agreement regardless of whether the other party or parties to such contract <br />have actual knowledge of this Agreement. <br />B. The Owner and the City hereby declare their understanding and intent that: (i) <br />the covenants and restrictions contained in this Agreement shall be construed as covenants <br />running with the land pursuant to California Civil Code Section 1468 and not as conditions <br />which might result 'in forfeiture of title by Owner;' (ii) the - burden of the covenants and <br />restrictions set forth in this Agreement touch and concern the Home in that the Owner's <br />legal'intdrest in the Home may be rendered less valuable thereby; and (iii) the benefit of the <br />covenants and restrictions set forth in this Agreement touch and concern the land by <br />enhancing and increasing the enjoyment and use of the Home 'by Eligible Purchasers, the <br />intended beneficiaries of such covenants and restrictions. <br />C. All covenants And restrictions contained herein without regard to technical <br />classification or, designation shall be binding upon Owner for the benefit of the, City and <br />Eligible Purchasers And such covenants and restrictions shall run in favor of such parties for <br />the entire period during which such covenants and restrictions shall be in -force and effect, <br />without regard to whether the City is an owner of any land or interest therein to which such <br />covenants and restrictions relate. <br />34. OWNER'S AcKNOWLEDGr,.MENTOFRF.SALERE-STRICTION <br />Owner hereby acknowledges and agrees that: <br />A. Owner hereby subjects the Home to certain restrictions, and limits the price <br />'for which Owner may sell the Home and the persons to whom Owner may sell the Home. <br />The resale price limitation, and other provisions contained in this Agreement, restrict the full <br />benefits of owning the Home. Owner may not enjoy the same economic or other benefits <br />from owning the Home that Owner would, enjoy if this Agreement did not exist. <br />B. Absent the provisions of this Agreement, the Home could not be made <br />available to Eligible 'Purchasers at an affordable price, including Owner. <br />C. Owner understands all of the provisions of this Agreement. In recognition of <br />the acknowledgments and agreements stated in this Section 34, Owner accepts and agrees to <br />the provisions of this Agreement with. the understanding that this Agreement will remain in <br />full force and effect as to the Home following any Transfer of the Home throughout the <br />Term of this Agreement. <br />REV: 06-30-22 SK <br />ATrY/AGR.2022.166/Hugo Alberto Zarco Vargas & Andrea Vergara Cardenas (Page 23 of 40) <br />