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<br />Property for purposes incompatible with the Program and realizing unwarranted gains from sales of the <br />Property at unrestricted prices. The terms and conditions of this Agreement are intended to provide the <br />necessary occupancy and resale restrictions to ensure that the Property is used, maintained, and <br />preserved as housing affordable to Eligible Households; and <br /> <br />WHEREAS, The Property constitutes a valuable community resource by providing decent, safe, <br />and sanitary housing to Eligible Households who otherwise would be unable to afford such housing. To <br />protect and preserve this resource it is necessary, proper, and in the public interest for the City to <br />administer the occupancy and resale controls by means of this Agreement. <br /> <br />AGREEMENT <br /> <br />NOW THEREFORE, in consideration of the benefits received by the Owner and the public <br />purposes served by the Program, Owner and City agree as follows: <br /> <br />1. Inclusionarv Unit. The real property, which is the subject of this Agreement, is described <br />more fully described in Exhibit A attached here and incorporated by this reference. Said real property <br />("Property") is hereby designated as an affordable inclusionary housing unit and shall be subject to the <br />terms and conditions herein set forth. This Agreement runs with the Property and is binding on the parties <br />hereto and their successors and assigns and on all purchasers of the Property for that period of time the <br />affordable inclusionary unit is in place and being used either wholly or partially for residential purposes. <br /> <br />2. Proqram Requirements. <br /> <br />a. Affordabilitv Restrictions. Owner, by and for itself and any successors in interest, <br />hereby covenants and agrees that the Property shall be sold only to Eligible Households at a price not to <br />exceed the Adjusted Resale Price, as defined in Section 12, and that during the term of this Agreement all <br />of the requirements and restrictions of this Agreement shall apply. <br /> <br />b. Eliqible Household. There shall be no sale or other transfer of the Property <br />without Certification by the City that the transferee is an Eligible Household and that the Property is being <br />transferred at a price not to exceed the adjusted resale price, which is capped at an "Affordable Housing <br />Cost." Any sale or other transfer of the Property in violation of this covenant shall be void. <br /> <br />c. Principal Residence Requirement. Each Transferee of the Property shall occupy <br />the Property as his/her/their principal residence for the duration of his/her/their ownership. Without limiting <br />the generality of the foregoing, any absence from the Property by Owner for a period of ninety (90) or more <br />days shall be deemed an abandonment of the Property as the principal residence of Owner in violation of <br />the conditions of this Section. Upon request by the City made from time to time, the Owner of the Property <br />shall submit an affidavit to the City certifying that the Property is the Owner's principal residence and <br />provide such documents and other evidence as may be requested to verify Owner's compliance with this <br />requirement. Abandonment of the Property shall constitute an Option Event (as defined in Section 5 below) <br />and shall entitle the City to exercise its Option to purchase the Property. <br /> <br />3. Grant of Option to Purchase. Owner hereby grants to the City an option ("Option") to <br />purchase all of Owner's right, title and interest in and to the Property upon the occurrence of an Option <br />Event (defined in Section 5 below), subject to the terms and conditions contained herein. <br />