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<br />DRAFT FOR REVIEW AND COMMENT ONLY <br /> <br />B. Developer shall use commercially reasonable measures to require that the <br />Affordable by Design Units, subject to the Hardship Exceptions described below, <br />will be owner occupied for at least 1 year from close of escrow. Such restriction <br />will be included in the sales agreements for such units to the extent permitted by <br />the State Department of Real Estate. <br /> <br />C. Developer shall use commercially reasonable measures to restrict the resale of the <br />Affordable By Design Units for at least one year from theclose of escrow, subject <br />to the Hardship Exceptions described below. <br /> <br />D. Exterior and interior finishes, landscaping and amenities including appliances, <br />carpeting, electrical fixtures, hardware countertops, etc., for the Affordable By <br />Design Units shall be consistent with the other units in the Project <br /> <br />E. Developer, with cooperation from the City, shall market and sell the Affordable <br />By Design Units. <br /> <br />F. As used herein, "Hardship Exceptions" shall mean (1) a transfer resulting from <br />the death of a purchaser or the spouse or dependent of a purchaser; (2) inter- <br />spousal transfers or transfers between purchaser, (3) a transfer resulting from the <br />decree of dissolution of marriage or legal separation or from a property settlement <br />agreement incident to such decree, (4) a transfer by a purchaser into a trust in <br />which a purchaser or dependent or spouse of a purchaser is a beneficiary, (5) the <br />transfer, conveyance, pledge, assignment, or other hypothecation of the property <br />to secure the performance of an obligation, which transfer, conveyance, pledge, <br />assignment, or hypothecation will be released or reconveyed upon the completion <br />of such performance; and (6) a transfer by a purchaser where (a) at the time of <br />transfer purchaser is occupying the property as purchaser's principal place of <br />residence, and (b) the transfer is necessary to facilitate, or is reasonably required <br />as a result of, (i) purchaser's relocation of his principal place ofresidence in order <br />to accommodate ajob transfer required by the purchaser's employer, (ii) a change <br />in employment of purchaser, or (iii) a change in the employment status of <br />purchaser. <br /> <br />[SIGNATURE PAGE FOLLOWS] <br /> <br />Page 3 <br />