80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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major expenses. Agency may approve or disapprove such request in its sole discretion, and may require as a condition of approval that Homebuyer only rent the Property to Eligible Moderate Income Households at an affordable rent as defined in Section 50053 of the California Health Safety Code.) Agency acknowledges that the occupancy standard is occupancy by hvo 2 persons per living and sleeping area. Homebuyer shall, upon demand by Agency, submit to Agency an affidavit of occupancy verifying Homebuyer's compliance with this Section 10. Such affidavit may be required by Agency on an annual basis. III Effect of Violation of the Tei-nis and Pi- ovisions of this Restriction. a. In General. The covenants established in this Restriction shall, without regard to technical classification and designation, be binding for the benefit and in favor of Agency, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Restriction shall remain in effect for the periods of time specified herein. The covenants against discrimination shall remain in effect in perpetuity. Agency is deemed the beneficiary of the terms and provisions of this Restriction and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Restriction and the covenants running with the land have been provided. This Restriction and the covenants herein shall run in favor of Agency, without regard to whether Agency has beer, remains or is an owner of any land or interest therein in the Property or its the Project Area, Agency shall have the right, if the Restriction or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at lave or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Restriction and covenants may be entitled, b. Acceleration. The whole of the Note Amount s defined in Section 1.2.b. of the Loan Agreement and all other payments die under the Homebuyer Assistance Loan shall become due and immediately payable to Agency by Holnebuyer• upon the occurrence of any one of the following events of acceleration: (i) Homebuyer, in nlebuyer's sale discretion, elects to Transfer the Property for a price in excess of an Affordable Housing Cost, and Transfers the Property; (ii) Homebuyer in kes a Prohibited Transfer of title to or any interest in the Property its violation of this Restriction; viii) Homebuyer refinances any lien or encumbrance to which Agency Decd of Trust is subordinate (each such lien, a " irst Lien" for a loan amount its excess of the then current loan balance secured by such lien or encumbrance and loan closing costs; (iv) Homebuyer fails to occupy the Property as Ho neb yer's principal residence pursuant to Section 7 of the Loan Agreement or is in Default of any other obligation ender the Loan Agreement; (v) Homebuyer has an Ownership Default violating any affordable housing terins or provisions of this Restriction, EXHIBIT D -9 To ATTACHMENT NO. I I Affordable Housing Resale Restriction Do C SOC/ i 400 73vl 3/200272 -0001