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the City in its sole discretion and current income information such as wage <br /> s[a[ements, to substantiate that the prospective purchaser meets the eligibility <br /> requirements of Qualified Buyers. In the event the City is unable to make a <br /> determination that a prospective buyer is a Qualified Buyer based upon the <br /> information provided, the prospective purchaser shall be determined not to meet <br /> the requirements of Qualified Buyers and shall be disqualified from purchase." <br /> (e) The form of Resale Restriction Agreement attached hereto as Exhibit B <br /> shall be added to the Original Declaration as Exhibit "B." <br /> 2. Caoitalized Terms. Capitalized terms not defined in this Amendment shall have <br /> the meaning given to them in the Original Declaration. <br /> 3. Ratification. The City and Declarant acknowledge and agree that the Original <br /> Declaration, except as amended herein, remains unmodified and in full force and effect in <br /> accordance with its terms. <br /> 4. Counterparts. This Amendment may be executed in counterparts, each of which <br /> shall, irrespective of the date of its execution and delivery, be deemed an original, and the <br /> counterparts together shall constitute one and the same instrument. <br /> 5. Interoretation. As used in this Amendment, masculine, feminine or neuter gender <br /> and the singular or plural number shall each be deemed to include the others where and when the <br /> context so dictates. The word "including" shall be constructed as if followed by the words <br /> "without limitation:' This Amendmen[ shall be interpreted as though prepared jointly by both <br /> parties. <br /> IN WITNESS WHEREOF, the parties have executed this Amendment as ofthe date first <br /> above-written. <br /> DECLARAIVT CITY: <br /> 885 WOODSIDE RD LLC, a Delaware CITY OF REDWOOD CITY, a charter city <br /> limired liability company and municipal corporation of the State of <br /> California <br /> By: DAIWA HOUSE CALIFORNIA, a <br /> California corporation, i ma a er � �j/, �� <br /> / ' I/ �Z. � e � r <br /> BY� � Robert B. Bell, City Manager <br /> Name: � � Brian Ponty, sistant City Manager <br /> ture m 1 be notarizedJ <br /> Title: �o��` �� � ' <br /> /Signature musl be notarizedJ <br /> Csee A}�oc�d� <br /> Si ia on r inden, City Clerk <br /> ATTY/AGR/2011/AMENDMENTS/AMENDMENT N0.1 TO AFFORDABLE HOUSING DOC 885 WOODSIDE <br /> 090711 <br /> 4 <br />