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FULL PACKET_2015-04-07
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FULL PACKET_2015-04-07
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4/3/2015 11:31:54 AM
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4/3/2015 10:59:15 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
4/7/2015
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ARTICLE 2 <br />A � <br />Exempt Transfers of the Incluslonary Unit <br />The following transfer procedures apply to Exempt Transfers: <br />-A. Transfer by Inheritance; <br />It an Exempt Transfer is made by inheritance or rights of survival, the <br />trustee„ executor or new Owner shall notify the City in writing of the <br />change in ownership of the Inclusionary Unit within 20 days of such event <br />giving rise to such Exempt Transfer, <br />2. Any such transferee shall be bound by and subject to the provisions of this <br />Inclusonary Housing Covenants Declaration and the City Deed of Trust, <br />The trustee, executor or new Owner shall execute, acknowledge and <br />deliver to the City, within such 45 -day period, an Assumption Agreement <br />whereby the transferee agrees to be bound by such documents, <br />3. The failure to notify the City in writing and execute an Assumption <br />Agreement within the tirneframes required by this Section shall constitute <br />a Default; provided that such transferee shall be bound by and subject to <br />the provisions of this Inclusionary Housing Covenants Declaration and the <br />City Dead of Trust notwithstanding its failure to deliver such executed and <br />recordable Assumption Agreement, <br />-B. Other Exempt Transfers; If the Owner desires to transfer the Inclusionary <br />Unit by an Exempt Transfer other than inheritance, the Owner shall <br />provide the City with a Notice of Intent to Transfer In the farm attached as <br />Exhibit 3 to this Incluslonary Housing Covenants Declaration, together <br />with any other documentation the City may reasonably request in order to <br />ensure that the transfer is an Exempt Transfer, <br />II. Notice of Intent to Transfer — Exempt Transfer <br />In the case of an Exempt Transfer, this Inclusionary Housing Covenants <br />Declaration imposes the following noticing obligations on the City and the Owner: <br />R -A, City Obligations; <br />Induslanary Housing [.avonant� Dedurotian page 16 <br />City or Santa Ana January 2016 <br />25G -51 <br />
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