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EXHIBIT B <br /> Conditions of Approval <br /> PUD-90-10-2M <br /> <br />1. The building exterior changes and landscape plan modifications <br /> shall conform substantially to the revised elevations and site <br /> plan, Exhibit A (dated "Received February 11, 1993"), on file <br /> with the Planning Department, except as modified by these <br /> conditions. <br /> <br />2. The following conditions shall apply to the four two-bedroom <br /> units in the project which the developer has made available to <br /> moderate income households: <br /> <br /> A. In the event the average initial sales price of the four <br /> market priced "D" model units is less than $201,000, the <br /> developer shall pay to the City an amount equal to four <br /> times the difference between the average sales price and <br /> $201,000. As an example: <br /> <br /> Four "D" Market Units Sales Price <br /> Unit #1 $196,000 <br /> Unit #2 $197,000 <br /> Unit #3 $200,000 <br /> Unit #4 $205,000 <br /> Average Sales Price $199,500 <br /> Amount Paid to City $6,000 <br /> ($201,000-$199,500=$1,500 x 4) <br /> <br /> The full payment made to the City shall be divided <br /> equally between the owners of the four moderate income <br /> units and will be utilized either to reduce the principal <br /> of the buyers 2nd mortgage with the City, or if the <br /> purchaser did not participate in the City's 2nd mortgage <br /> program, as partial repayment for the down payment made <br /> for the property. <br /> b. All purchase contracts for the moderate income units will <br /> contain language stating that the buyer has the <br /> opportunity to receive a full refund on his/her purchase <br /> deposit ($3,000) in the event that the developer is <br /> unable to close escrow on the units within a reasonable <br /> period of time (i.e., the developer has not sold the <br /> required two market rate units); provided, however, that <br /> if a purchaser of a moderate income unit receives loan <br /> approval, the City will not prevent any such purchaser <br /> <br /> <br />