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(iv) In connection with the Developer's marketing efforts and <br />its obligation to provide housing counseling and appropriate disclosure to prospective <br />Flomebuyers of Affordable Foy-Sale Units as described in subsection above, the Agency <br />acknowledges that it will assist the Developer in a limited role in that the Agency staff will be <br />reasonably available for reasonably limited times to receive and answer questions of prospective <br />Ho ebuyer; , but only as to those prospective omebu er who have been previously screened <br />and evaluated by the Developer r its agent) as a Moderate Income Household meeting the <br />criteria established herein as potentially qualified to purchase an Affordable Foy -Sale Unit as <br />well as reviewed preliminarily as to and regarding creditworthiness and eligibility to apply for <br />and obtain a first lien mortgage to purchase an Affordable For-Sale Emit. Nothing in the <br />foregoing statement regarding the Agency's limited role in housing counseling shall obligate, <br />involve, or require Agency r City) or any of their staff', conSLIltants, or counsel to assist in the <br />marketing, eting, housing counseling, disclosure, or sale of any For -Sale Units to any prospective or <br />actual buyer, or selection of such buyer, which is and shall remain the Developer's sole legal, <br />coy traetu 1, and financial responsibility. <br />(c) The sale of each Affordable For -Sale Unit by the Developer to an <br />eligible Floinebuyer shall be subject to the satisfaction, or waiver by the Agency Executive <br />Director of the following conditions precedent numbered i through x inclusive: <br />(i) A CC&Rs~ Pursuant to the requirements of <br />Section 402(b) of this Agreement, the Developer shall have or caused to have) prepared, <br />approved, executed, f ormed, and caused to he recorded the Declaration of Covenants, Conditions <br />and Restrictions for the homeowners association (the "Association" for the For-Sale Portion of <br />the project (the "Association CC& s" ) prior to issuance of the first certificate of occupancy <br />(temporary or permanent for any Housing Unit (whether or not such Housing Unit is restricted <br />pursuant to the terms of this Agreement within the For -Sale Portion of the Project. <br />(ii) �ff i -da r --Sale Unit Completed. The applicable <br />Affordable Fox -Sale Unit shall have been completed, as evidenced by issuance of the certificate <br />of occupancy for such Affordable For -Sale Unit. <br />(iii) s i -ou#. The Horne buyer's purchase of the Affordable For- <br />Sale Unit shall be transacted through an escrow with an escrow holder satisfactory to the <br />Developer and Agency Executive Director. Costs for such escrow shall be charged to and <br />deducted from the proceeds of the Hoy ebuyer Assistance Loan. <br />(iv) Es Instructions. The Agency Executive Director or <br />his or her designee) shall have approved the instructions for the Homeb yer's escrow. It is <br />anticipated that the Agency Executive Director* or his or her designee) will approve such <br />instructions within fifteen 1 days after receipt of a complete package of escrow instructions <br />and sufficient evidence indicating that the selected Homebuyer satisfies the requirements of this <br />Agreement, <br />(v) . nr j?ei- Loan i-eem n . The Agency and the <br />Io nebuyer shall have entered into a Hoinebuyer Lan Agreement and all related loan <br />documents and such Hornebuyer Lan Agreement and such other documents shall have been <br />D o1 4 00v 31200272 -0 001 <br />