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HABITAT FOR HUMANITY OF ORANGE COUNTY (4)
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HABITAT FOR HUMANITY OF ORANGE COUNTY (4)
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Last modified
9/5/2024 9:29:07 AM
Creation date
8/6/2024 12:17:19 PM
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Contracts
Company Name
HABITAT FOR HUMANITY OF ORANGE COUNTY
Contract #
A-2024-098
Agency
Planning & Building
Council Approval Date
7/16/2024
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Homebuyer's purchase of the Property pursuant to the Program and subject to the <br />terms and conditions set forth herein. For a period commencing upon the date on <br />which Homebuyer acquires fee title to the Property and terminating on the forty- <br />fifth (45th) anniversary thereof, the Property may only be transferred to another <br />eligible, qualified Low Income Household at an Affordable Housing Cost; such <br />restrictions are set forth at greater length in a document entitled Affordable <br />Housing Resale Restriction (Conditions, Covenants, and Restrictions Affecting <br />Real Property and the Resale, Ownership, Occupancy, Maintenance, and Other <br />Matters Related to Real Property), substantially in the form of Exhibit "D" to the <br />Homebuyer Loan Agreement ("Affordable Housing Resale Restriction"), which <br />has been entered into by and between City and Homebuyer, and which is expected <br />to be recorded substantially concurrently herewith among the Official Records of <br />Orange County, California. The Affordable Housing Resale Restriction and the <br />Homebuyer Loan Agreement are deemed to be incorporated herein by reference. <br />3. Section 4 of the Affordable Housing Resale Restriction provides as <br />follows: <br />"4. Permitted Sales of the Property. City hereby permits sales of <br />the Property to proposed Transferees who are Low Income Households, and are <br />approved in accordance with this Section 4, provided the Sales Price does not <br />exceed an Affordable Housing Cost to such proposed Transferee ("Permitted <br />Transfers"). In the event that Homebuyer desires to Transfer the Property during <br />the Affordability Period, prior to the Transfer the owner shall notify City by <br />delivering a Notice of Intent to Transfer to City, which shall indicate the identity of <br />the proposed Transferee who desires to purchase the Property, whether the <br />purchaser is a Low or Moderate Income Household, and whether the sales price is <br />at an Affordable Housing Cost. In addition to Homebuyer's and the proposed <br />Transferee's delivery of the Notice of Intent to Transfer, the following procedure <br />shall apply: <br />a. Notice to City. Homebuyer shall send the Notice of Intent to <br />Transfer to City at the address set forth in [Section 28] of the Loan Agreement. <br />b. Qualification of Proposed Transferee. The proposed <br />Transferee shall provide City with sufficient information in the form provided by <br />City including without limitation, a certification as to the income and family size <br />of the proposed Transferee, for City to determine if the proposed Transferee is a <br />Low Income Household, and the purchase price is at an Affordable Housing Cost. <br />2 <br />EXHIBIT E <br />
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