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RecDoc 2011-155321
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RecDoc 2011-155321
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Last modified
1/3/2012 5:00:15 PM
Creation date
12/20/2011 3:47:58 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Affordable Housing Agreement
Rec Date
12/15/2011
APN
052-383-250
Address
333 Main St.
Parties
333 Main St. RWC. LLC
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3. Description of Subiect Affordable Unit. This Resale Restriction Agreement <br /> is applicable to Unit Number , located at 333 Main Street, Redwood City, <br /> California 940_, which is more fully described in the attached Exhibit "A" and which <br /> has a purchase price of Dollars ($ ). Owner has <br /> purchased the Subject Affordable Unit by obtaining an Eligible First Loan of <br /> Dollars ($ ) and an Eligible Second <br /> Loan of Dollars ($ ). Owner's down <br /> payment for the Subject Affordable Unit is Dollars ($ ). <br /> 4. Owner Certifications. Owner certifies that: (a) the financial and other <br /> information previously provided to the City in order to qualify to purchase the Subject <br /> Affordable Unit is true and correct as of the date of execution of this Resale Restriction <br /> Agreement; and (b) Owner shall occupy the Subject Affordable Unit as Owner's <br /> Principal Residence. <br /> 5. Occuoancv Standards: Leasinq of Subiect Affordable Unit. The Subject <br /> Affordable Unit shall be occupied as the Principal Residence of Qualified Buyer and for <br /> no other purpose. Owner shall not enter into agreements for the rental or lease of the <br /> Subject Affordable Unit or otherwise allow for the rental or lease of the same. Any lease <br /> or rental of the Subject Affordable Unit in violation of this Resale Restriction Agreement <br /> is prohibited. The maximum occupancy of the Subject Affordable Units shall not exceed <br /> the maximum occupancy allowed pursuant to the general requirements of the United <br /> States Department of Housing and Urban Development ("HUD"), which as of the date of <br /> this Resale Restriction Agreement, is two (2) persons per bedroom, plus one (1) person. <br /> In the event Owner fails to comply with this Section 5 or with Section 4 regarding <br /> leasing the Subject Affordable Unit, the City may, at its sole option, declare a default <br /> under this Resale Restriction Agreement. In addition, Owner shall be liable to the City <br /> for the difference between the rent being charged for the Subject Affordable Unit and <br /> the allowable rent had the Subject Affordable Unit been rented to a household of very <br /> low income whose income did not exceed Fifty percent (50%) of the median income in <br /> San Mateo County for a family of two (2). <br /> 6. Refinance Restriction; Prohibition on Home Eauitv Lines of Credit: Home <br /> Eauitv Loan Restrictions. <br /> (a) Refinance Restriction. Owner may not, during the Term, refinance <br /> the Eligible First Loan or Eligible Second Loan without the express written approval of <br /> the City, which shall not be unreasonably withheld. The City's decision to approve or <br /> disapprove such refinancing shall be based upon such factors as whether the <br /> replacement loan: (i) provides a reasonable and tangible net benefit to Owner such as <br /> a reduction in the interest rate and monthly mortgage payment; (ii) provides a reduction <br /> in the amortization period; (iii) is required due to an order of a court of competent <br /> jurisdiction; or (iv) frustrates the City's ability to administer the covenants contained in <br /> this Resale Restriction Agreement. In no event shall Owner be permitted to refinance <br /> into an Ineligible Loan. Any New Loan approved by the City shall become and remain <br /> subject to the Refinance Restriction set forth in this Section 6(a) for the balance of the <br />
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