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Inst 2001428359
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Inst 2001428359
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CM City Clerk-City Council
Document Date (6)
8/6/2001
Recorded Document Type
Resale Agreement
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PERM
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determined as follows: Upon receipt of notice of Owner's intent to sell, Agency or its designee shall have <br />an opportunity to determine whether any violations of applicable building, plumbing, electric, fire or housing <br />codes exist or any other violations of other provisions of Municipal Code. In the event deficiencies are <br />noted, the Agency shall obtain estimates to cure the observed deficiencies. The Owner shall cure the <br />deficiencies in a reasonable manner acceptable to Agency or designee within sixty (60) days of being <br />notified of the results of the inspection, but in no event later than close of escrow. Should Owner fail to <br />cure such deficiencies prior to the scheduled date of close of escrow, at the option of the Agency, its <br />designee or assignee, escrow may be closed, title passed and money paid to the selling Owner subject to <br />the condition that such funds as are necessary to pay for curing such deficiencies (based upon written <br />estimates obtained by Agency) shall be withheld from the money due the selling Owner and held by the <br />escrow holder for the purpose of curing such deficiencies. Agency, its designee or assignee shall cause <br />such deficiencies to be cured and upon certification of completion of work by Agency, escrow holder shall <br />utilize such funds to pay for said work. Any remaining funds shall be paid to the selling Owner. No other <br />payment shall be due said Owner. <br />In no event shall Agency become in any way liable to Owner, nor become obliged in any manner, by <br />reason of the assignment of its right to purchase, nor shall Agency be in any way obligated or liable to <br />Owner for any failure of Agency's assignee to consummate a purchase of the premises or to comply with <br />the terms of any purchase and sale agreement. <br />Until such time as the Agency's right to purchase is exercised, waived, or expired, the Premises and <br />any interest in title hereto shall not be Transferred (the word "Transfer" is defined in Section 3 above) to <br />any person or entity except with the express written consent of Agency or its designee, which consent shall <br />be consistent with the Agency's goal of creating, preserving, maintaining, and protecting housing for <br />persons of low and moderate income. This provision shall not prohibit the encumbering of title for the sole <br />purpose of securing financing; however in the event of foreclosure or transfer by deed in lieu of <br />foreclosure, the provisions of paragraph 9 of this instrument shall govern. <br />8. Termination of Right of First Refusal <br />The provisions set forth in this Agreement relating to Agency's right to purchase shall extend for 30 <br />years or until expiration of the Redevelopment Plan for the Project Area, <br />9. Default and Foreclosure <br />A request for notice of default and any notice of sale under any deed of trust or mortgage with <br />power of sale encumbering said premises shall be recorded by the Agency in the Office of the Recorder of <br />the County of Alameda. Any notice of default given pursuant to Civil Code Section 2924B, or as later <br />amended, shall constitute a notice of intent to sell hereunder, and the Agency, or its designee, may <br />exercise its preemptive right to purchase pursuant to the provisions of Paragraph 3 of this Agreement, <br />provided, however, that, notwithstanding any language contained in this instrument to the contrary with <br />regard to the rights of the lien holder, the Agency, or its designee or assignee,. must complete such <br />purchase no later than the end of the period established by California Civil Code Section 2924c for <br />5 <br />
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