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(iii) The form of Developer's purchase and sale agreement, marketing materials, draft disclosure documents, and scope/personnel/method for housing counseling to and for prospective Homel u ers of Affordable For-Sale Units shall be provided to the Agency Bxecutive Director for review and approval prior to the issuance of the first building permit for the Project. (iv) In connection with the Developer's marketing efforts and its obligation to provide hou s mg counseling and appropriate disclosure to prospective H o m ebu a rs of Affordable For-Sale Units is as described in subsection above, the Agency acknowledges that it will assist the Developer in a limited role in that the Agency staff' will be reasonably available for reasonably limited times to receive and answer quest ions of prospective Ho mebu ers, but only as to those prospective Home u ers who have been previously screened and evaluated by the Developer or its agent) as a Moderate Income Household meeting the criteria established herein as potentially qualified to purchase an Affordable For-Sale Unit as well as reviewed preliminarily as to and regarding credi t orth i n s and eligibility to apply for and obtain a first lien mortgage to purchase are Affordable For-Sale Unit. t. Nothi n in the foregoing statement regarding t h A gent ' s limited role in housing counseling shall obligate, involve, or require Agency or City) or any of thoir staff, consultants, or counsel to assist in the marketing, housing counseling, disclosure, or sale of any For -Sale Units to any prospective or actual buyer, or selection of such buyer, which is and shall remain the Developer's sole legal, contractual, and Financial responsibility. (c) The sale of each Affordable For-Sale Unit by the Developer to an eligible Homebu firer shall be subject to the satisfaction, or waiver by the Agency Executive Director f the following conditions precedent numbered i through x inclusive: (i) Association CC&R. Pursuant to the requirements of Section 402(b) of this Agreement, the Developer shall have or caused to have prepared, approved, executed, formed, and caused to be recorded the Dectaration of Covenants, Conditions and Restrictions for the homeowners association (the "'Association") for the For-Sale Portion of the Project (the "Association s" ) prior to issuance of the first certificate f occupancy (temporary or permanent for any Housing Unit (whether or not such Hou s ire g Unit is restricted pursuant to the terms of this Agreement ) within the For-Sale Portion of the Project. (ii) For -Sale Unit Conipleted. The applicable Affordable For-Sale Unit shall have been completed, as evidenced by issuance of the certificate of occupancy for such Affordable For -Sale Unit. (iii) The H o rnebu r' s purchase of the Affordable For- Sale Urdt .shall be transacted through an escrow with an escrow bolder satisfactory to the Developer and Agency Executive Direc tor. Costs for such escrow shall be charged to and deducted from the proceeds of the Homebufirer Assistance Loan. (N) Escrow Instructions. The Agency Executive Director or his or her designee) shall have approved the instructions for the Homebu er' s escrow. It is anticipated that the Agency Executive Dec f or or his or her designee) will approve such instructions within fifteen 1 days after receipt of a complete package of escrow instructions 44 D OC S OCJ 14 00 7 3 v 14/2 72 -0001