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CHFA LOAN CLOSING
City of Pleasanton
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CHFA LOAN CLOSING
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1/31/2011 3:43:12 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/12/1990
LONG TERM AGREEMENTS - NAME
CHFA LOAN CLOSING
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
RIDGE VIEW COMMONS
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provided that, no Qualified Tenant shall have a rent increase <br />sooner than one (1) year after initial occupancy. <br />10. Financial Covenants. In addition to, but not by way of <br />limitation of, all other duties of the Borrower set forth herein, <br />the Borrower shall comply with the following: <br />(a) Audit. The Development and all equipment, <br />buildings, plans, offices, apparatus, devices, books, contracts, <br />records, documents and other papers relating thereto shall at all <br />times be maintained in reasonable condition for proper audit and <br />shall be subject to examination, inspection and copying at any <br />reasonable time by the Agency or by its authorized representative. <br />(b) Books and Records. The books and records of the <br />Development shall be kept by the Borrower in accordance with the <br />requirements of the Agency. <br />(c) Financial Report. Within sixty (60) days following <br />the end of each fiscal year of the Development, the Agency shall <br />be furnished with a complete annual financial report on the <br />Development based upon an examination of the books and records of <br />the Development, prepared in accordance with the requirements of <br />the Agency, certified by the Borrower, and when required by the <br />Agency, certified at the Borrower's expense by an independent <br />certified public accountant licensed in California, or other <br />accountant acceptable to the Agency. Each such financial report <br />shall be subject to modification by, and the approval of, the <br />Agency, and when approved by the Agency shall be a "Development <br />Financial Report" as referred to herein. <br />(d) Furnishing Information. At the request of the <br />Agency, the Borrower shall furnish such reports, financial <br />statements, projections and analyses as may be required from time <br />to time by the Agency and shall give specific answers to questions <br />upon which information is desired relative to the income, <br />expenses, assets, liabilities, contracts, operations and <br />conditions of the Borrower and the Development. Borrower <br />understands and agrees that the content of such reports, <br />statements, projections, analyses and other information may be <br />disclosed in any documentation prepared in connection with the <br />issuance by the Agency of its bonds. <br />(e) Development Account. The Borrower shall establish <br />an account (the "Development Account ") into which all rents, <br />charges, fees and any other income of the Development shall be <br />deposited when received. The Borrower or any person receiving <br />funds of the Development other than as permitted by this Agreement <br />shall immediately deposit such funds in the Development Account <br />and if failing to do so shall hold such funds in trust for the <br />Development. The Borrower or any person receiving any property of <br />the Development in violation of this Agreement shall immediately <br />deliver such property to the Agency, and if failing to do so shall <br />CHFA 53SLP /RIDGEVIEW <br />12/2/88 <br />V01517(DNB) <br />-10- <br />
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