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03084809 07/08/2010 09:20 AM RF: $71.00 DF: $0.00 Page: 1 of 13 Electronically recorded in Boulder County Colorado. Recorded as received. AMENDED AND RESTATED AGREEMENT AND AFFORDABLE HOUSING COVENANT REGARDING 520 SOUTH BOULDER ROAD, LOUISVILLE, COLORADO (THIS INSTRUMENT INCLUDES AFFORDABLE HOUSING COVENANTS RESTRICTING SALES OF DWELLING UNITS TO ELIGIBLE BUYERS) This Amended and Restated Agreement, Covenant and Right of First R ;fu 1 ereinafter "Agreement is made this day of 2010, by and among the City of Louisville, a Colorado home rule municipal rporation (hereinafter "the City the Louisville Housing Authority, a Housing Authority duly formed pursuant to the laws of the State of Colorado (hereinafter "LHA and Habitat for Humanity of Boulder Valley, Inc., doing business as Flatirons Habitat for Humanity (hereinafter "FHFH WITNESSETH WHEREAS, LHA owns and is in possession of 520 South Boulder Road, Boulder, Colorado, a tract of land of approximately 0.58 acres, more fully described in the attached Exhibit A, together with all easements and other appurtenances thereto, all wells, well permits and well rights associated therewith and all oil, gas and other minerals owned by LHA, if any, and appurtenant thereto (hereinafter "the Property and WHEREAS, the City and LHA entered into an Agreement, Covenant and Right of First Refusal Regarding 520 South Boulder Road, Louisville, Colorado on April 18, 2003, which was recorded with the Boulder County Clerk and Recorder on April 23, 2003 at Reception Number 2428016; and WHEREAS, LHA desires to transfer the Property to FHFH for FHFH development of an affordable housing development that will be sold to low and moderate income families; and WHEREAS, the City, LHA and FHFH desire to amend and restate the 2003 Agreement, Covenant and Right of First Refusal Regarding 520 South Boulder Road, Louisville, Colorado in order to permit the FHFH affordable housing development and to set forth certain agreements concerning development of the Property, place certain affordable housing covenants and use restrictions upon the Property and each residential dwelling unit on the Property, and provide for reconveyance of the Property if FHFH does not timely commence or complete development of the Property for affordable housing; NOW THEREFORE, in consideration of the covenants and agreements contained herein, the City, LHA and FHFH agree as follows: 1. Prior Agreement Superseded. This Agreement supersedes and replaces in its entirety that certain Agreement, Covenant and Right of First Refusal Regarding 520 South Boulder Road, Louisville, Colorado recorded with the Boulder County Clerk and Recorder on April 23, 2003 at Reception Number 2428016. =-)/k7-0<c-;'-if