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50053 and 50093. However, the Declaration requires the lease of 6 1-bedroom units at an <br /> affordable rent and no 2-bedroom units. Deciarant has agreed, and Woodside has expressly <br /> assumed DeclaranYs obligation, to lease an additional 1-bedroom unit at an affordable rent and <br /> to come into full compliance with the Declaration beginning on June 14, 2012. <br /> 3. To the City's current actual knowledge, except as identified in Section 2 above, <br /> each and every covenant, condition and obligation contained in the Declaration required to be performed <br /> or satisfied as of the date hereof, and each and every matter required to be approved by the City as of the <br /> date hereof, has been satisfied, approved and/or waived, as applicable. <br /> 4. Pursuant to Section 4.08 of the Declaration, the City agrees to provide to <br /> Woodside a copy of any notice to be sent to Declarant pursuant to the Declaration to be sent at the <br /> following address: <br /> To: 885 Woodside Rd LLC <br /> c/o Daiwa House California <br /> 101 Metro Drive, Suite 325 <br /> San Jose, CA 95110 <br /> W ith a copy to: Lee Gotshall-Maxon, Esq. <br /> Allen Matkins Leck Gamble Mallory & Natsis LLP <br /> Three Embazcadero Center, 12 Floor <br /> San Francisco, CA 94111-4074 <br /> 5. Ciry acknowledges and agrees that Woodside and its successors and assigns, are <br /> relying upon the contents of this Certificate and the City's execution hereof, and that in consideration of <br /> such material reliance City shall now and forever be estopped from denying the validity of this Certificate <br /> and Ciry knowingly and expressly waives any such claim or defense. <br /> 6. This Certificate is made for the sole benefit of Woodside and its successors and <br /> assigns, and, except as expressly permitted below in this paragraph, no other person or persons shall have <br /> any rights or remedies under or by reason of this Certificate or any right to the exercise of any right or <br /> power hereunder or arising from any default by the City hereunder. Notwithstanding the foregoing, the <br /> City recognizes that Woodside may show copies of this Certificate to other persons or entities who are <br /> participants, assignees or transferees or successors and the Ciry agrees that such other persons or entities <br /> may also materially rely upon the representations, warranties, certifications and agreements made by City <br /> in this Certificate. <br /> 7. The person executing this Certificate on behalf of the City represents and <br /> warrants that (i) the person executing this Certificate is duly authorized to execute and deliver the same <br /> on behalf of the City; (ii) the City has taken such formal action of its governing body as may be required <br /> by law to bind the Ciry and that the Ciry is formally bound to the provisions of this Certificate; and (iii) <br /> entering into this Certificate does not violate any provision of any other agreement to which City is <br /> bound. <br /> [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br /> ATTYIAGR@011.078/ESTOPPEL CERTIFICATE RWC DECLARATION OF AFFORDABILITY 885 WOODSIDE <br /> 090111 <br /> 2 <br />