AgdaPkt 2011-09-19 - Laserfiche WebLink

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6. 1. D. - Page 59 50053 and 50093. However, the Declaration requires the lease of 6 1- bedroom units at an affordable rent and no 2- bedroom units. Declarant has agreed, and Woodside has expressly assumed Declarant's obligation, to lease an additional 1- bedroom unit at an affordable rent and to come into full compliance with the Declaration beginning on June 14, 2012. 3. To the City's current actual knowledge, except as identified in Section 2 above, each and every covenant, condition and obligation contained in the Declaration required to be performed or satisfied as of the date hereof, and each and every matter required to be approved by the City as of the date hereof, has been satisfied, approved and/or waived, as applicable. 4. Pursuant to Section 4.08 of the Declaration, the City agrees to provide to Woodside a copy of any notice to be sent to Declarant pursuant to the Declaration to be sent at the following address: To: 885 Woodside Rd LLC c/o Daiwa House California 101 Metro Drive, Suite 325 San Jose, CA 95110 With a copy to: Lee Gotshall- Maxon, Esq. Allen Matkins Leck Gamble Mallory & Natsis LLP Three Embarcadero Center, 12'' Floor San Francisco, CA 94111 -4074 5. City acknowledges and agrees that Woodside and its successors and assigns, are relying upon the contents of this Certificate and the City's execution hereof, and that in consideration of such material reliance City shall now and forever be estopped from denying the validity of this Certificate and City knowingly and expressly waives any such claim or defense. 6. This Certificate is made for the sole benefit of Woodside and its successors and assigns, and, except as expressly permitted below in this paragraph, no other person or persons shall have any rights or remedies under or by reason of this Certificate or any right to the exercise of any right or power hereunder or arising from any default by the City hereunder. Notwithstanding the foregoing, the City recognizes that Woodside may show copies of this Certificate to other persons or entities who are participants, assignees or transferees or successors and the City agrees that such other persons or entities may also materially rely upon the representations, warranties, certifications and agreements made by City in this Certificate. 7. The person executing this Certificate on behalf of the City represents and warrants that: (i) the person executing this Certificate is duly authorized to execute and deliver the same on behalf of the City; (ii) the City has taken such formal action of its governing body as may be required by law to bind the City and that the City is formally bound to the provisions of this Certificate; and (iii) entering into this Certificate does not violate any provision of any other agreement to which City is bound. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ATTY /AGR /2011.078 /ESTOPPEL CERTIFICATE RWC DECLARATION OF AFFORDABILITY 885 WOODSIDE 090111 2