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Inst 2007196718
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Inst 2007196718
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Last modified
6/14/2007 3:05:57 PM
Creation date
6/14/2007 3:05:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/24/2007
Recorded Document Type
Option
Retention
PERM
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<br />the prospective purchaser, and other financial information reasonably requested by City, in a form <br />approved by the City, along with the income certification to be provided to any lender making a loan to the <br />prospective purchaser. The City may require documentation evidencing and supporting the income and <br />other financial information contained in the certifications. <br /> <br />b. Notice of Exercise. Upon the occurrence of any Option Event, the City may <br />exercise its Option by delivering notice ("Notice of Exercise") to Owner of its intent to exercise such <br />Option pursuant to the terms of this Agreement. The Notice of Exercise may be in the form attached hereto <br />and incorporated herein as Exhibit C or in such other form as the City may from time to time adopt. The <br />Notice of Exercise shall be delivered by deposit in the United States mail, postage prepaid, first~c1ass, <br />addressed to Owner at the Property, or at such other address as may be indicated on the Notice of Intent to <br />Transfer, and delivery shall be deemed effective five (5) calendar days following the date of deposit. If the <br />Option Event relates to the potential foreclosure of a mortgage under Sections 5(d), (e) or (D, then the City <br />shall also deliver the Notice of Exercise to the mortgagee or beneficiary under such mortgage, at such <br />mortgagee's or beneficiary's address of record in the Office of the Recorder of Alameda County. <br /> <br />c. Notice of Consent to Transfer. If the City does not exercise the Option, it may give <br />its consent to the occurrence of the Option Event ("Consent to Transfer"). If the Option Event involves a <br />proposed sale of the Property to a prospective purchaser, the City's consent shall be conditioned upon (i) <br />the proposed purchaser's qualification as an Eligible Household; (ii) the sale of the Property at a price not to <br />exceed the Adjusted Resale Price; (iii) the proposed purchaser's execution of a Disclosure Statement in the <br />form attached hereto as Exhibit D or such other form or forms as may be promulgated by the City; and (iv) <br />the proposed purchaser's assumption of Owner's duties and obligations under this Agreement pursuant to <br />a written assumption agreement in a form acceptable to City, or execution of an agreement substantially <br />similar to this Agreement, within thirty (30) days after the Consent to Transfer has been delivered to Owner. <br />If the prospective purchaser (1) fails to qualify as an Eligible Household, (2) fails to execute and deliver the <br />Disclosure Statement to the City, or (3) fails to execute and deliver to the City an assumption agreement or <br />an agreement substantially similar to this Agreement within such thirty (30) day period, then the Consent to <br />Transfer shall expire and the City may, at its option, either notify Owner of the disqualification, thereby <br />entitling Owner to locate another purchaser who qualifies as Eligible Household, or exercise the Option, as <br />if no Consent to Transfer had been delivered. <br /> <br />d. Time Period for Notice. The City shall deliver a Consent to Transfer, if applicable, <br />not later than thirty (30) days after the date that it receives notification of an Option Event. The City shall <br />deliver a Notice of Exercise, if applicable, on or before the date which is the later to occur of the following: <br />(i) thirty (30) days after the date that the City receives notification of an Option Event or (ii) fifteen (15) days <br />after a Consent to Transfer has expired. For purposes of computing commencement of the deliver periods, <br />the City shall be deemed to have notification of an Option Event on the date that it actually receives written <br />Notice of Intent to Transfer, notice of default, summons and complaint or other pleading, or other writing <br />specially stating that an Option Event has occurred. The City shall have no obligation to deliver a Notice of <br />Exercise or Consent to Transfer, and the applicable time period for exercise of the Option shall not <br />commence to run, unless and until the City has received notification of an Option Event in the manner <br />specified in this subsection. If there is a stay or injunction imposed by court order precluding the City from <br />delivering its Consent to Transfer or Notice of Exercise within the applicable time period, then the running <br />of such period shall cease until such time as the stay is lifted or the injunction is dissolved and the City has <br />been given written notice thereof, at which time the period for delivery of a Consent to Transfer or Notice of <br />Exercise shall again begin to run. <br />
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