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period provided herein following notice and opportunity to cure, as set forth in <br />Article 6 — Section III of this Inclusionary Housing Covenants Declaration, <br />Eligible Purchaser shall mean a Homebuyer who meets the eligibility criteria set <br />forth in these Administrative Procedures: <br />Excess Proceeds means the difference between the Extraordinary Sales Price <br />and the Affordable Sales Price the Incluslonary Unit at the time of the <br />Extraordinary Sale. <br />Executive Director is the Executive Director of the Community Development <br />Agency of the City. The Executive [director, or designee, has the ultimate <br />authority to evaluate appeals submitted In relation to the Administrative <br />Procedures, <br />Exempt Transfer means the following; <br />1, A transfer resulting from the death of the Owner <br />2, A transfer by the Owner where the spouse or domestic partner becomes a <br />co-owner of the Inclusionary Unit; <br />3. A transfer of title to a spouse or domestic partner as part of divorce or <br />dissolution proceedings, and <br />4. A transfer by the Owner into ,a trust in which the Owner or Owners are <br />beneficiaries, provided that the Owner or Owners continue to maintain the <br />Inclus unary Unit as their Primary Residence. <br />5. A transfer by the Owner of a non -possessory Interest in the Property, such <br />as an easement or license for utilities or other tike purposes the granting <br />of ingress or egress rights over or across the Property or a portion thereof; <br />or a modification to the non -exclusive common area rights of any Owner <br />located in a common interest subdivision development, <br />6. A condemnation, or conveyance in lieu of condemnation, that does not <br />preclude the Owner's Continued use and occupancy of the Inclusionary <br />Unit, such as a street widening or other incidental taking that does not <br />preclude continued occupancy of the Inclusionary Unit, or a taking of an <br />interest In a portion of the common area appurtenant to any Inclusionary <br />Unit located in a common interest development. <br />€nalusiorrary 5—ec Bration <br />City of Santa Ana January 2M <br />32A -77 <br />