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SR 05:219
City of Pleasanton
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SR 05:219
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9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />(2) To pay the Operating/Management Reserve Deposit. <br /> <br />(3) To pay the City Loan Payment. <br /> <br />(4) To pay the Asset Management Fee. <br /> <br />(5) To pay the Management/Incentive Bonus. <br /> <br />(ii) Payments to Accrue until Paid. <br /> <br />(1) To the extent that the Surplus Cash in any year is <br />insufficient to pay the Developer Contribution, the unpaid portion shall be paid from Surplus <br />Cash in subsequent year(s) until paid in full and before any payments are made pursuant to <br />Section 2.3(b)(i)(2) through (5) above; provided however that payments owed under Section <br />2.3(b)(i)(2) through (4)'shall accrue as provided below. <br /> <br />(2) To the extent that the Surplus Cash is insufficient to pay the <br />OperatinglManagement Reserve Deposit in any given year, the unpaid portion shall be added to <br />the total amount ofOperatinglManagement Reserve Deposit owed in the following year and <br />shall continue to accrue until paid in full. The OperatinglManagement Reserve Deposit for each <br />particular year and any accrued amounts shall be paid before any payments are made pursuant to <br />Section 2.3(b)(i)(3) through (5) above; provided however that payments owed under Section <br />2.3(b)(i)(3) and (4) shall accrue as provided below. <br /> <br />(3) If during the first five (5) years following the Borrower's <br />receipt of a certificate of occupancy to the project, Surplus Cash is insufficient to pay the City <br />Loan Payment, the City Loan Payment shall be forgiven. Throughout the remainder of the Term, <br />to the extent that the Surplus Cash is insufficient to pay the City Loan Payment, the unpaid <br />portion shall be added to the total amount of the City Loan Payment in the following year and <br />shall continue to accrue until paid in full or forgiven pursuant to 2.3(b)(iv). Any unpaid portion <br />of a City Loan Payment that is added to one or more subsequent City Loan Payments shall not <br />bear interest. The City Loan Payment and any accrued amounts shall be paid before any <br />payments are made pursuant to Section 2.3(b)(i)(4) or (5); provided, however that payments <br />owed under Section 2.3(b)(i)(4) shall accrue as provided below. <br /> <br />(4) To the extent that the Surplus Cash is insufficient to pay the <br />Asset Management Fee in any given year, the unpaid portion shall be added to the total amount <br />of Asset Management Fee owed in the following year and shall continue to accrue until paid in <br />full. The Asset Management Fee for each particular year and any accrued amounts shall be paid <br />before any payments are made pursuant to Section 2.3(b)(i)(5). <br /> <br />(5) To the extent that the Surplus Cash is insufficient to pay the <br />Management Incentive Bonus in any given year, the unpaid portion shall not accrue. <br /> <br />(iii) Citv Payments. The Borrower shall provide the City with any <br />documentation reasonably requested by the City to substantiate the Borrower's determination of <br /> <br />6 <br /> <br />144\105\217525.14 <br />
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