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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 />(b) Borrower shall cause all work performed in connection with the Project to be <br />performed in compliance with all applicable laws, ordinances, rules and regulations of federal, <br />state, county or municipal governments or agencies. <br /> <br />Section 3.6 Mechanics Liens. Stoo Notices. and Notices of Como let ion. <br /> <br />If any claim of lien is filed against the Leasehold Estate or a stop notice affecting the <br />Loan is served on the City or any other lender or other third party in connection with the Project, <br />then Borrower shall, within sixty (60) days after such filing or service, either pay and fully <br />discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the <br />City a surety bond in sufficient form and amount, or provide the City with other assurance <br />satisfactory to the City that the claim oflien or stop notice will be paid or discharged. <br /> <br />ARTICLE 4 LOAN REOUlREMENTS <br /> <br />Section 4.1 <br /> <br />Insoection of Books and Records. <br /> <br />Upon request, the Borrower shall permit the City to inspect at reasonable times and on a <br />confidential basis those books, records and all other documents of the Borrower necessary to <br />determine Borrower's compliance with the terms of this Agreement. The Borrower also has the <br />right at all reasonable times to inspect the books, records and all other documentation of the City <br />pertaining to its obligations under this Agreement. <br /> <br />Section 4.2 Yearlv Reoorting Requirements. <br /> <br />Within one hundred eighty (180) days of the end of each fiscal year, Borrower shall <br />provide the City with (a) an audited financial statement for the Project for the previous year, (b) a <br />copy of the current Project management plan, and (c) the most recent annual operating budget for <br />the Project. <br /> <br />Section 4.3 Maintenance and Damage. <br /> <br />(a) Borrower shall maintain the Project in accordance with Section 3.6 of the Lease. <br /> <br />(b) If economically feasible in the Borrower's reasonable judgment, if any <br />improvement now or in the future on the Leasehold Estate is damaged or destroyed, then <br />Borrower shall diligently undertake to repair or restore such improvement consistent with the <br />plans and specifications approved by the City with such changes as have been approved by the <br />City. The extent of Borrower's obligation to restore the Project shall be limited to the amount of the <br />insurance proceeds. The provisions of this Section shall be subject to the rights of Senior <br />Lenders. <br /> <br />Section 4.4 Notice of Litigation. <br /> <br />10 <br /> <br />144\105\217525.14 <br />
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