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TOLL WEST COAST, LLC
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Last modified
6/20/2024 10:03:11 AM
Creation date
5/8/2024 10:50:22 AM
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Contracts
Company Name
TOLL WEST COAST, LLC
Contract #
A-2022-238
Agency
Community Development
Council Approval Date
12/6/2022
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EXHIBIT "C" <br />disclosed to the City. The written certificate shall also include a provision that in <br />the event a Transfer is made in violation of the terms of this Restriction or false or <br />misleading statements are made in any documents or certificate submitted to City <br />for its approval of the Transfer, City shall have the right to file an action at law or <br />in equity to make the parties terminate and/or rescind the sales contract and/or <br />declare the sale void notwithstanding the fact that the Transfer may have closed <br />and become final as between Developer/Property Owner and Transferee. <br />d. Written Consent of City Required Before Transfer. During <br />the Affordability Period, the Property, and any interest therein, shall not be <br />conveyed by any Transfer except with the express written consent of the City, <br />which consent shall be given only if the Transfer is in accordance with the <br />provisions of this Restriction. This provision shall not prohibit the encumbering of <br />title for the sole purpose of securing financing of the purchase price of the <br />Property. <br />e. Notice of Prohibited Transfer. Within twenty (20) days after <br />receiving notification of a proposed Transfer in accordance with Section 3a., the <br />City shall determine and give notice to Developer/Property Owner as to whether <br />the proposed Transfer is a Permitted Transfer or Prohibited Transfer. In the event <br />that the proposed Transfer is a Prohibited Transfer, such notice to <br />Developer/Property Owner shall specify the nature of the Prohibited Transfer. If <br />the violation is not corrected to the satisfaction of the City within ten (10) days <br />after the date of the notice, or within such further time as the City determines is <br />necessary to correct the violation, the City may declare a Default under this <br />Restriction. Upon the declaration of a Default, the City may apply to a court of <br />competent jurisdiction for specific performance of this Restriction, for an <br />injunction prohibiting a proposed sale or Transfer in violation of this Restriction, <br />for a declaration that the Prohibited Transfer is void, or for any such other relief as <br />may be appropriate. <br />f. Delivery of Documents. Upon the close of the proposed <br />Transfer, Developer/Property Owner and Transferee, as applicable, shall provide <br />the City with a copy of the final sales contract, settlement statement, escrow <br />instructions, all certificates required by this Section 3 and any other documents the <br />City may request. <br />4. The restrictions contained in the Density Bonus Housing Agreement <br />commence upon the date on which the Affordable Unit receives all required <br />occupancy permits from the City and terminate on the fifty-fifth (55th) anniversary <br />thereof. <br />3 <br />
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