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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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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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studies may include design studies, appraisal, financial feasibility analyses and legal review. Any <br />studies or reports obtained by Sunflower Hill from third parties through the use of the <br />predevelopment funds provided in Section 1, above, shall become the property of the City if the <br />Project is not built. <br />c. Financing. Sunflower Hill will be required to demonstrate the financial feasibility <br />of Project construction and operation, and shall provide the City with a detailed financial pro <br />forma containing matters typically included in pro form as (such as financing sources, uses, <br />project income and expenses) and a description of proposed arrangements for the provision of <br />tenant services. Sunflower Hill will prepare and present a preliminary financial pro forma and <br />budget for construction and operation of the Project (for both the housing and on-site amenities), <br />subject to the approval of the Assistant City Manager no later than September 30, 2019. <br />As part of the negotiation of a DDA, including future City contribution of a portion of Project's <br />costs through a predevelopment loan agreement, ground lease and other permanent financing <br />from the City, Sunflower Hill shall submit a financing proposal for Project construction and <br />permanent financing. Sunflower Hill shall provide this proposal to the City no later than March <br />31, 2020. Any purchase and sale agreement, ground lease, loan documents or other documents <br />between the City and Sunflower Hill, which may be assignable with the City's consent, will <br />address the terms and conditions for any construction and/or permanent financing that the City <br />will provide to the Project. <br />d. City Future Financial Contribution. Such preliminary budget/pro forma may <br />include the $1,000,000 to be paid by Developer to the City as provided in Irby Ranch's <br />Affordable Housing Agreement, which $1,000,000 shall be applied to further predevelopment <br />and Project construction costs. The proposed budget may also include other proposed City <br />funding for partial funding of the Project, which shall not exceed $2,250,000 inclusive of the <br />aforementioned $1,000,000 being provided by Developer. Sunflower Hill acknowledges that <br />any and all City funding is subject to approval by the City Council. <br />e. 2021 deadline. No activities described in this section shall be extended later than <br />September 30, 2021, unless as described in Section 5. <br />f. Extensions. The deadlines provided in this Section 2, with the exception of <br />Subsection e, may be extended in the reasonable discretion of the City Manager and reported to <br />the City Council. <br />g. Merger. Upon execution of a DDA between the parties, the terms of the DDA <br />shall control the entire subject matter contained within this Agreement. <br />3. Good Faith Efforts to Negotiate. As Sunflower Hill meets the milestones described <br />in Section 2, above, the City and Sunflower Hill shall use their best efforts to successfully <br />negotiate a purchase and sale agreement, ground lease, loan documents or other related documents <br />which shall describe the terms and conditions that will govern the transfer of the Inclusionary <br />Parcel to Sunflower Hill for its Project. In no event shall this Agreement impose any binding <br />obligation on the City to convey the Inclusionary Parcel to Sunflower Hill, nor does it obligate <br />3 <br />
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