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Inst 2016236418
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Inst 2016236418
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6/5/2019 7:33:33 AM
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1/19/2017 5:05:08 PM
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CM City Clerk-City Council
Document Date (6)
9/16/2016
Recorded Document Type
Performance Deed of Trust
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PERM
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intended to prevent initial and subsequent purchasers from using the Property for purposes incompatible with <br />the Program and realizing unwarranted gains from sales of the Property at unrestricted prices. The terms <br />and conditions of this Agreement are intended to provide the necessary occupancy and resale restrictions to <br />ensure that the Property is used, maintained, and preserved as housing affordable to Eligible Households; <br />and <br />WHEREAS, The Property constitutes a valuable community resource by providing decent, safe, and <br />sanitary housing to Eligible Households who otherwise would be unable to afford such housing. To protect <br />and preserve this resource it is necessary, proper, and in the public interest for the City to administer the <br />occupancy and resale controls by means of this Agreement. <br />AGREEMENT <br />NOW THEREFORE, in consideration of the benefits received by the Owner and the public purposes <br />served by the Program, Owner and City agree as follows: <br />1. Inclusionary Unit. The real property, which is the subject of this Agreement, is more fully <br />described in Exhibit A attached here and incorporated by this reference. Said real property ("Property") is <br />hereby designated as an affordable inclusionary housing unit and shall be subject to the terms and conditions <br />herein set forth. This Agreement runs with the Property and is binding on the parties hereto and their <br />successors and assigns and on all purchasers of the Property for that period of time the affordable <br />inclusionary unit is in place and being used.either wholly or partially for residential purposes. <br />2. Program Requirements. <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 of <br />the requirements and restrictions of this Agreement shall apply. <br />b. Eligible Household. There shall be no sale or other transfer of the Property without <br />Certification by the City that the transferee is an Eligible Household and that.the Property is being transferred <br />at a price not to exceed the adjusted resale price, which is capped at an "Affordable Housing Cost." Any <br />sale or other transfer of the Property in violation of this covenant shall be void. <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 the <br />conditions of this Section. Upon request by the City made from time to time, the Owner of the Property shall <br />submit an affidavit to the City certifying that the Property is the Owner's principal residence and provide such <br />documents and other evidence as may be requested to verify Owner's compliance with this requirement. <br />Abandonment of the Property shall constitute an Option Event (as defined in Section 5 below) and shall <br />entitle the City to exercise its Option to purchase the Property <br />d. Acknowledgement of Special Use and Restriction Manual Owner acknowledges receipt of the <br />City of San Leandro's Inclusionary Affordable Housing Program Monitoring and Procedures <br />
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