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City may exercise the City Purchase Option Upon Default to purchase the Home pursuant to <br />Section, 10 below., <br />B. In the event that the Owner breaches any of the covenants contained in this <br />section such default continues for a period of ten (10) days after written notice from the <br />City with respect to graffiti, 'debris, waste material, and general maintenance or thirty (30) <br />days after written notice from the I City with respect to landscaping and building <br />improvements, then the City, in addition to whatever other remedy it may have at law or in <br />equity; shall have the right to enter the Home and perform or cause to be, performed all such <br />acts and work necessary to cure <br />e the default. Pursuant to such right of entry; the City shall be <br />permitted (but is not required) to enter, the 'Home and perform all acts and work necessary to <br />protect, maintain, and preserve the improvements and landscaped areas, and to attach a lien <br />on the Home, or to assess the Home, in the amount of the expenditures, arising from such <br />acts and work of protection, maintenance, and preservation by the City and/or costs of such <br />cure, which amount shall be promptly -paid by the Owner to the City, plus an administrative <br />charge equal to fifteen percent (15%) ofthe cost of such work upon demand. <br />C. The Owner shall, maintain a standard all risk property insurance policy equal <br />to the replacement value of the Home (adjusted every five (5) years by appraisal, if <br />requested by City.), naming the City as an additional ' insured and loss payee. Additional <br />insurance requirements are set forth in Section 3 of the City Deed of Trust. <br />6. TkANSFER AND SALE RESTRICTIONS <br />A. Transfer. Any Transfer of Home will be subject to the provisions of this <br />Agreement including, without limitation, exercise of the City Option pursuant to Section 10 <br />below. "Transfer" shall mean 'any sale, assignment or transfer, voluntary or involuntary, of <br />any interest in the Home, including, but not limited to, a fee simple interest, a joint tenancy <br />interest, a life estate, a leasehold interest, an interest evidenced by a land contract by which <br />possession of the Home is transferred and Owner retains title, or a deed of trust. Any <br />Transfer without satisfaction of the provisions of this Agreement is prohibited, and shall. <br />constitute a defdult for which the City may exercise the City Purchase Option on Default <br />pursuant to Section 16 below. A Transfer shall not include a transfer: (i) by the Owner to a <br />spouse or Domestic Partner where the spouse or Domestic Partner becomes the co-owner of <br />the Home; (ii) between spouses as part of a marriage dissolution proceeding; (iii) to an <br />existing spouse or Domestic Partner of Owner by devise or inheritance following the death <br />of Owner; (iv) by Owner into an inter vivos trust in which Owner is the beneficiary; (v) by <br />deed of trust or imposition of a lien subordinate to 'the Deed of Trust or' (vi) refinance of the <br />First Lender meeting the requirements of Section 25 of this Agreement; provided, however, <br />that Owner shall provide written notice of all such transfers to City pursuant to S ' ection 7 <br />below; and Owner, shall continue to occupy the Home as his or her principal place of <br />residence (except where the transfer occurs pursuant to subsection (ii) or (iii) above, in <br />which event the transferee shall owner -occupy the Home and affirmative ly assume Owner's <br />obligations -under this Agreement. For the purposes of this Section 6, "Domestic Partner" <br />shall be as defined in Section 297 of the California Family Code or successor provision. An <br />individual shall be considered a Domestic Partner of Owner upon presentation of the <br />Declaration of Domestic Partnership filed with the California Secretary of State. <br />REV: 06-30-22 SK <br />ATTY/AGR.2022,166/Hugo Alberto Zarco Vargas & Andrea Vergara Cardenas (Page 7 of 40) <br />