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09B
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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1/31/2018 3:20:48 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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(vi) City may, in its reasonable discretion, from time to time request additional <br />or different information, and Owner shall promptly supply such information in the reports <br />required hereunder. <br />3.3. Maintenance of Records. <br />3.3.1 Owner shall maintain all records regarding the construction of the Project <br />for five (5) years after final payment and all other pending matters are closed. Owner shall also <br />maintain tenant leases, income certifications and other matters related to the leasing of the <br />affordable units for a period of five (5) years after the final date of occupancy by the tenant. <br />3.3.2 Records must be kept accurate and up-to-date. City shall notify Owner of <br />any records it deems insufficient. Owner shall have fifteen (15) calendar days from such notice <br />to correct any specified deficiency in the records, or, if more than fifteen (15) days shall be <br />reasonably necessary to correct the deficiency, Owner shall begin to correct the deficiency within <br />fifteen (15) days and diligently pursue the correction of the deficiency as soon as reasonably <br />possible. <br />3.4 Access to Records; Inspections. <br />3.4.1 With at least 48 -hours' notice, during normal business hours, Owner shall <br />provide City and its authorized agents and representatives access to any books, documents, <br />papers and records of the Project for the purpose of making audits, examinations, excerpts and <br />transcriptions. <br />3.4.2 With at least 48 -hours' notice, during normal business hours and as often <br />as may be deemed necessary, City and its authorized agents and representatives shall be <br />permitted access to and the right to examine the Project and the Property and to interview tenants <br />and employees of the Project, for the purpose of verifying compliance with applicable regulations <br />and compliance with the conditions of this Agreement and the other City Documents. <br />4. Term of Agreement. <br />4.1 Term of Restrictions. This Agreement shall remain in effect until the later of (i) <br />the seventy-fifth (75`h) anniversary of the date upon which the Project construction loan converts <br />to permanent financing, or (ii) the expiration of the term of the Ground Lease. <br />Notwithstanding the foregoing, in the event that the Project has not been constructed prior <br />to the date that the PUD permit applicable to the Property expires, this Agreement shall terminate <br />of its own accord with no action required; provided however, the Parties each agree to execute <br />and cause a termination of this Agreement to be recorded in the Official Records in the event that <br />this Agreement has terminated pursuant to this paragraph. <br />4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This <br />Agreement shall remain effective and fully binding for the full term hereof regardless of (i) any <br />sale, assignment, transfer, or conveyance of the Project or Owner's leasehold interest in the <br />10 <br />OAK #4834-1210-2746 v4 <br />
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