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Resolution 10260ORIGINAL CITY OF ALAMEDA RESOLUTION NO. 10260 APPROVING TENTATIVE MAP FOR TRACT 4659, A RESIDENTIAL DEVELOPMENT ON BAY FARM ISLAND SOUTH OF OLEANDER DRIVE BETWEEN MELROSE AVENUE AND MAGNOLIA DRIVE (E. J. PARISH ORGANIZATION AND KEN H. EARP, SUBDIVIDERS) WHEREAS, E. J. Parish Organization and Ken H. Earp, sub- dividers herein, have presented to the Council for approval a Tentative Map for Tract 4659, a residential development of property on Bay Farm Island located between Melrose Avenue and Magnolia Drive; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that pursuant to Section 11-3112 of the Alameda Municipal Code, the Tentative Map for Tract 4659, heretofore accepted and approved by the Planning Board of the City of Alameda, is hereby approved, based upon the findings and subject to the conditions contained in said Board's Resolution No. 1381, revised as follows: 1. Condition No. 11 in said Resolution No. 1381 is amended to read: 11. No less than six (6) properties (lot with house) shall be sold to moderate income families at a price set at twenty percent (20%) under market value. Each prospective purchaser, family or household shall be screened and approved for eligibility under this condition by the City of Alameda or its agent prior to completion of each respective sale and resale. Any deed or other document transferring title to those six or more properties shall, in the original sale and any resales, contain a covenant stating that any sale price of the property within 20 years following the first sale of that respective property shall not exceed (1) the original sale price or there- after, the sale price paid by the current owner/seller, plus (2) non-recurring costs paid through escrow by the owner/seller when purchasing the property, plus (3) the total of paid or unpaid homeowners association fees and assessments for the respective ownership period plus, (4) the actual cost or the fair market value, whichever is greater, of all capital im- provements made to the property by the owner/seller, plus (5) a total percentage of appreciation in the total of items (1) through (4) equal to the percentage increase in the Consumer Price Index for the San Francisco/Oakland Metropolitan Area between the quarter of the year in which the owner/seller pur- chased the property and the quarter of the year in which the owner/seller offers the property for sale, plus (6) an additional appreciation equal to one quarter of one percent (.25 %) for each full three months elapsed since the owner /seller purchased the property and the month in which the owner /seller later offers the property for sale, and applied to the total appre- ciated price derived in accordance with Item 5 herein. The deed or document transferring title to those six properties shall, in the original sale and any resales, specify that the seller shall notify the City of Alameda, or its agent, to provide a qualified and eligible purchaser, and in the case of resales that the City of Alameda has a first right of refusal to purchase the property at a price determined by the formula in the paragraph above. All sales of the respective six properties within the 20 year period shall include a declaration by the purchaser(s), that the purchaser(s) agree(s) to and shall occupy the respective property within 45 days after transfer of the title to the purchaser, excepting therefrom, any beneficiary under a deed of trust or mortgage obtaining title through foreclosure. Purchasers /owners of the six "affordable" properties shall pay their respective homeowner's association dues or assessments in the same manner and amount as other homeowners within the subdividion. 2. Condition No. 12 in said Resolution No. 1381 is amended to read: 12. Landscaping in front yards, and sideyards adjoining streets, shall be installed by the developer in conformance with a landscape plan submitted to and approved by the City Planning Director. Conditions, Covenants and Restrictions for the subdivision shall provide for exterior building, roof and landscape maintenance by individual homeowners; however, where such maintenance is not properly performed by the home- owner the CC &R's shall include provisions for the Homeowner's Association to perform the necessary maintenance and to lien the property for the cost thereof. 3. Condition No. 13 in said Resolution No. 1381 is amended to read: 13. The City shall be reimbursed for its costs of establishing and making the improvements in Assessment District 81 -1 and should be reimbursed prior to approval of building permits or subdivision improvements. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th of March, 1984, by the following vote to wit: AYES: Councilmembers Gorman, Hanna and President Diament - 3. NOES: Councilmembers Lucas and Monsef - 2. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of March, 1984. City C perk : ' the-city :! ameda