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AgdaPkt 2011-09-19
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AgdaPkt 2011-09-19
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Last modified
9/20/2011 12:47:48 PM
Creation date
9/15/2011 4:47:59 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
9/19/2011
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6. 1. D. - Page 49 <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 Owner 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 />receiving any net sales proceeds from the sale of the Subject Affordable Units to the <br />City or 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. Owner's 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 />14. Representations 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 />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 24 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 any one or more of the following, at its option: <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 />and covenants hereunder, or enjoin any acts or things which may <br />be unlawful or in violation of the rights of the City hereunder; <br />(b) Take whatever other action at law or in equity may appear <br />necessary or desirable to enforce the obligations, covenants and <br />agreements hereunder, including„ but not limited to, applying to a <br />court of competent jurisdiction for specific performance of this <br />Resale Agreement, for an injunction prohibiting a proposed Transfer <br />ATTYIAGR/2010. 079eResafe Restriction Agr <br />09127/10 <br />11 <br />
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