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RecDoc 2011-111464
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RecDoc 2011-111464
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Last modified
2/6/2012 9:33:24 AM
Creation date
9/28/2011 1:49:12 PM
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Template:
Recorded Docs
Recorded Docs - Type
Special Instructions
Subject
885 Woodside Rd Affordability Convenant Amendment
Doc Num
2011-111464
Rec Date
9/27/2011
APN
059-240-920
Address
885 Woodside Rd.
Parties
Nicholson-Lamb Venture, L.P.
MO Ref
11-159
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(a) The Deed-Restricted Resale Price. Said term is defined and calculated, in <br /> the following manner. the Deed-Restricted Resale Price for any Transfer of [he Subject <br /> Affordable Unit to a Qualified Buyer or to City or its assignee shall be the sum of the following <br /> amount. Notwithstanding the foregoing, the Deed-Restricted Resale Price shall never exceed the <br /> fair market value of the Subject Affordable Unit on the date of Transfer. <br /> (i) Appreciation Share. The Appreciation Share of the Subject <br /> Affordable Unit means the product of the amount for which the Owner originally purchased the <br /> unit multiplied by the percen[age increase in household income in San Mateo Coun[y for a <br /> family oftwo (2) at One Hundred Twenty percent (120%) ofthe median household income. The <br /> increase shall be computed from the date on which Owner originally purchased the Subject <br /> Affordable Unit (the "Beginning Date") to the date on which the City or its assignee received the <br /> Notice of Intended Transfer required by Section 8 above (the "Ending Date"). Median <br /> � household yearly income shall be determined according to HCD publications for San Mateo <br /> County published immediately prior to the Beginning Date and Ending Date, respectively, or if <br /> necessary, in the manner specified in Section 10(b) of this Resale Agreement. <br /> 12. Transfer bv Owner. In the event the Ciry does not elect to purchase the Subject <br /> Affordable Unit pursuant to Section 9 above, or assign that right, Owner may transfer the Subject <br /> Affordable Unit to a Qualified Buyer to be chosen by the City pursuant to the Ciry's affirmative <br /> marketing program at the Transfer Amount in accordance with the terms and conditions of this <br /> Resale Agreement. <br /> (a) Transfer to a Oualified Buyer. Upon Transfer of the Subject <br /> Affordable Unit [o a Qualified Buyer in a transaction that meets the requirements of this Resale <br /> Agreement, the City may waive obligations of Owner to the City pursuant to this Resale <br /> Agreement, provided that Owner assigns [o [he Qualified Buyer and the Qualified Buyer <br /> assumes from Owner all obligations existing under this Resale Agreement. Until Owner makes <br /> such assignment, no obligations of Owner will be waived. Any waiver extended by the City to <br /> Owner pursuant to this Section shall apply only to Owner and only to the particular Transfer <br /> transaction relating to such Qualified Buyer, and shall not automatically apply to any subsequent <br /> owner. <br /> (b) Disclosures and Submittal. Owner and Owner's Proposed <br /> Purchaser shall provide the following information to the City: <br /> (i) The name, address, and telephone number of the Proposed <br /> Purchaser. <br /> (ii) A copy of the Proposed Purchaser's federal income tax return for <br /> the taxable year immediately preceding the proposed purchase of an Subject Affordable Unit and <br /> current income information such as wage statements or, if the Proposed Purchaser certifies and <br /> declares under penalty of perjury that he or she did not file a federal tax return, other evidence of <br /> � Gross Income for such year acceptable to the Ciry in its sole discretion and curzent income <br /> information such as wage statements, to substantiate that the Proposed Purchaser meets the <br /> eligibility requirements of a Qualified Buyer as set forth in Section 10. In the event the City is <br /> Exhibit B <br /> Page 7 <br />
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