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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
Metadata
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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 58 <br />ESTOPPEL CERTIFICATE <br />(Declaration of Affordability Covenants) <br />Lot 1 of Final Map of Woodside Villas, Filed June 11, 2009, in Book 136 of Maps, Pages 98 and <br />99, San Mateo County Records. <br />TO: 885 Woodside Rd LLC <br />c/o Daiwa House California <br />101 Metro Drive, Suite 325 <br />San Jose, CA 95110 <br />THIS ESTOPPEL CERTIFICATE (this " Certificate ") is executed this day of August, <br />2011, by THE CITY OF REDWOOD CITY, a municipal corporation (the " City "), with respect to the <br />following: <br />A. NICHOLSON -LAMB VENTURE, L.P., a California limited partnership ( " Declarant "), <br />has entered into that certain Declaration of Affordability Covenants (the " Declaration ") dated as of June <br />4, 2009, and recorded June 1, 2009 as Instrument No. 2009 - 076594 in the Official Records of San Mateo <br />County, California ( " Official Records "). The Declaration relates to that certain real property consisting of <br />a 42 -unit condominium subdivision within the City of Redwood City, County of San Mateo, State of <br />California, which is legally described in Exhibit "A" to the Declaration (the " Property "). <br />B. Declarant constructed a 42 -unit condominium subdivision with related improvements on <br />the Property (the " Project "). <br />C. The Declaration affects the leasing and sale of residential units at the Project. <br />D. Declarant agreed in accordance with the terms of an Agreement of Purchase and Sale (the <br />" Purchase Agreement ") to sell the Property and the Project to 885 Woodside Rd LLC, a Delaware limited <br />liability company ( " Woodside "). <br />E. Declarant assigned, and Woodside assumed, its rights, duties and obligations under the <br />Declaration relating to the Property to Woodside pursuant to an Assignment of Affordable Housing <br />Agreement ( " Assignment and Assumption Agreement "). <br />F. As a result of the transfer of the Property and the Project to Woodside, Woodside wishes <br />to obtain this Estoppel Certificate in favor of Woodside. <br />NOW, THEREFORE, the City of Redwood City (the " acknowledges and certifies as of the <br />date hereof on behalf of itself, and its successors and assigns, to Woodside and its successors and assigns, <br />the following: <br />The Declaration is in full force and effect. <br />2. As of the date hereof, the Declarant is not in default under the Declaration and <br />the City knows of no event that has occurred or is continuing which, with the passage of time or the <br />giving of notice, or both, would constitute a default under the Declaration, except in one respect. <br />Declarant leased 5 1- bedroom units and 1 2- bedroom unit at an affordable rent to persons and <br />families of moderate income, as those terms are defined under Health and Safety Code sections <br />ATTY /AGR /2011.078 /ESTOPPEL CERTIFICATE RWC DECLARATION OF AFFORDABILITY 885 WOODSIDE <br />090111 <br />1 <br />
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