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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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determination that a Proposed Purchaser is a Qualified Buyer based upon the <br /> information provided, the Proposed Purchaser shall be determined not to meet the <br /> requirements of Qualified Buyer and shall be disqualified from purchase. <br /> (iii) A written certification from Owner and the Proposed <br /> Purchaser, in a form acceptable to City, that certifies that neither the Proposed <br /> Purchaser nor any other party has paid nor will pay to Owner, and Owner has neither <br /> received nor will receive from the Proposed Purchaser or any other party, money, <br /> benefit, thing of value, or other consideration in addition to what is set forth in the sales <br /> contract and documents submitted to City, including personal property. <br /> c. Transfer to Pr000sed Purchaser Who Is Not a Qualified Buver. <br /> Owner shall not Transfer the Subject Affordable Unit in a transaction to a Proposed <br /> Purchaser who is not a Qualified Buyer. <br /> 13. Rearesentations and Warranties. Owner represents and warrants that all <br /> the information submitted to the City in connection with Owner's purchase of the Subject <br /> Affordable Unit, Owner's prospective Transfer of the Subject Affordable Unit to a <br /> Proposed Purchaser, or any benefit received in accordance with the terms of this <br /> Resale Restriction Agreement is true and intended to comply with all the terms of the <br /> Resale Restriction Agreement. Any misrepresentation will be considered a default of <br /> this Resale Restriction Agreement. <br /> 14. Events of Default; Enforcement. In the event of a default in the <br /> pertormance or observance of any covenant, agreement or obligation as set forth in this <br /> Resale Restriction Agreement, the City may give written notice to Owner in the manner <br /> specified in Section 21 of this Resale Restriction Agreement, specifying the nature of <br /> the violation. If such default remains uncured for a period of thirty (30) days after such <br /> notice has been given by the City, or such longer period as may be approved by the <br /> City in writing in its sole discretion, then the City may declare that an Event of Default <br /> has occurred hereunder and, in addition to other default remedies provided under this <br /> Resale Restriction Agreement, may exercise any one or more of the following, at its <br /> option: <br /> (a) By mandamus or other suit, action or proceeding at law or in equity, <br /> require Owner or its successors in interest to perform its obligations <br /> and covenants hereunder, or enjoin any acts or things which may <br /> be unlawful or in violation of the rights of the City hereunder; <br /> (b) Take whatever other action at law or in equity may appear <br /> necessary or desirable to enforce the obligations, covenants and <br /> agreements hereunder, including, but not limited to, applying to a <br /> court of competent jurisdiction for specific pertormance of this <br /> Resale Restriction Agreement, for an injunction prohibiting a <br /> proposed Transfer in violation of this Resale Restriction Agreement, <br /> or for a declaration that a Transfer in violation of this Resale <br /> Restriction Agreement is void. <br />
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