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6.1.K. - Page 9 <br /> 3.3 Maximum Affordable Sales Price. In order to ensure compliance with #his <br /> Article in connection with the sale and transfer of the Affardable Units, the Affordable <br /> Units shall be sold at a purchase price that would be considered affardable to a <br /> purcl�aser wnose income is between 80 and 1Q0 percent of AMI, as calcula#ed by the <br /> City, pursuant to Califarnia Heafth and Safefy Code Sectian 5�052.5, adjusted for <br /> hausehold size, depending on the number of bedrooms (or bedraom size equ+�alent) <br /> (t�e "Affordable Sales Price"}. <br /> 3.4 Resale Restriction A�reeme�t. Upo� sale of the Affordable Units ta <br /> Qualified Buyers, each Qualified Buyer shall enter into a Resale and Refinance <br /> Restriction Agreement and Option ta Purchase with the City for fihe remainder of the <br /> Rental Term in substantially the same farm as Exhibit C, attached hereto and <br /> incorporated herein by this reference (the "Resale Restriction Agreement"). Upon the <br /> clasing and recardation of the Resale Restriction Agreement, De�eloper and its <br /> successors shall have no further obfigations or liabilities ta #he City with respect to #he <br /> particular Affordable Unit. <br /> 3.5 Prahibited Transfers of Affordable Units. Any sale ar transfer of an <br /> Affordable Unit in �iolatian of the terms and conc�itions of this Agreement is expressly <br /> strictly prohibited, shall be null and �oid, and shall constitute a default of De�eloper <br /> under this Agreement, entitling th� City to exercise ali remedies avaiEable at law ar in <br /> equity, incluc�ing without limitation, seeking injunctive relief ta pre�ent ar enjoin the <br /> prohibited transfer andlor cfamages as provided in this Agreement. <br /> 3.6 Ex iration of Rental Term. Upon conversion of the Project frarr� a rental <br /> complex to an owner-occupied complex and the sale of the fi�e Affordable Units in <br /> accordance with this Agreement, the Rental Term shafl expire. Upnn request by <br /> Developer, the City shall execute and record a release of this Agreement and Developer <br /> and its successors shaEl have r�o further abligatior�s or liabilities to #he City. <br /> Arficle IV General Pro�isions <br /> 4.1 Events of Default� Enforceme�t. !n the event of a defauit in the <br /> performance or observa�ce of any agreemen# or obligation as set forth in this <br /> Agreement, if such defiault remains uncured for a period of 30 days after notice to the <br /> Developer, or such langer period as may be appro�ed by the City in writing in its sole <br /> discretion, th�n the City may declare that an "E�ent of Defauit" has occurred hereunder <br /> and City shall ha�e the right to exercise all of the rights and remedies and to maintain <br /> any actions at law ar suits in equity or other praper proceedings to enforce the curing of <br /> such breach. <br /> 42 Bindin on Cit Successors. Subject to the Developer's transfer <br /> restrictions set forth in Section 4.3 below, the Agreement shall inure to the benefit af <br /> City and its s�ccessars and assigns and shall be binding upor� Developer and any <br /> successor in interest to the Project. Th� Agreement shall ru� in fa�or of City and its <br /> successors and assigns. <br /> ATTYIAGR12p92.061l258D ECR(URBAN HOUSlNG)AFFORDABLE HpUSING AGREEMENT <br /> REV:O6-04-12 VR <br /> Page 6 of 31 <br />