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Form Orly <br />Recording Requested by <br />and when Recorded, return to: <br />City of San Leandro <br />Mail Tax Statements to: <br />City of San Leandro <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, California 94577 <br />Attn: City Manager <br />EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE <br />W103,27383 <br />Exhibit A <br />to Performance Deed of Trust <br />(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) <br />RESALE AGREEMENT AND OPTION TO PURCHASE <br />THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY YOU ARE BUYING. EXCEPT FOR A <br />TRANSFER TO THE CITY OF SAN LEANDRO (THE "CITY") FOLLOWING CITY'S EXERCISE OF ITS <br />OPTION TO PURCHASE, THIS PROPERTY MAY ONLY BE SOLD TO AN "ELIGIBLE HOUSEHOLD" <br />AT A PRICE NOT TO EXCEED THE ADJUSTED RESALE PRICE WHICH IS CAPPED AT AN <br />"AFFORDABLE HOUSING COST." <br />This RESALE RESTRICTION AGREEMENT AND OPTION TO PURCHASE (hereinafter <br />"Agreement") is entered into as of this , 2005, by and between the CITY OF SAN LEANDRO <br />(hereinafter "City") and (hereinafter "Owner"). <br />RECITALS <br />WHEREAS, Government Code Sections 65580 et seq. require the City to encourage the <br />development and availability of affordable housing, and the City's Housing Element Goal 53 requires the <br />inclusion of affordable housing in new housing developments both inside and outside the redevelopment <br />project areas; and <br />WHEREAS, Pursuant to Health and Safety Code Section 33413(b)(2)(A)(i), specified percentages <br />of all new and substantially rehabilitated dwelling units developed in redevelopment project areas in the <br />City shall be available at affordable housing cost to persons and families of low or moderate income and to <br />very -low income households, and such requirements shall be set forth in recorded covenants running with <br />the land, enforceable by the City of San Leandro, a public body corporate and politic (the "City"). This <br />Agreement is intended to implement this requirement of law, and to cause the Property, if applicable, to be <br />eligible for housing production credit pursuant to Section 33413(b)(2)(A)(i); and <br />WHEREAS, the City has adopted an Inclusionary Zoning Ordinance pursuant to which the City <br />conducts a program for the sale and rental of some housing units at a price below market rate ("Program"), <br />783016-2 112310 12 <br />