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ATTACHMENT 4 <br /> ACKNOWLEDGMENT AND ACCEPTANCE <br /> This Acknowledgement and Acceptance is executed as of _,2013,by_ <br /> ("Transferee"),and the City of Pleasanton,a Municipal corporation (the "City"). <br /> Recitals <br /> A. Reference is hereby made to (i) that certain Inclusionary Unit Credit Agreement between <br /> Hacienda Pleasanton, L.P.,a California limited partnership(`Transferor"),and the City dated as <br /> of _,2013 (the "City Agreement") and (ii) that certain Agreement Regarding the <br /> Transfer of Inclusionary Unit Credits between Transferor and Transferee dated as of <br /> ,20I3(the"Transfer Agreement"). <br /> B. Pursuant to the terms of the City Agreement,the City issued certain "Inclusionary Unit <br /> Credits" to Transferor. The term "Inclusionary Unit Credits" or"IUCs" has the meaning <br /> described in City Resolution 04-073 (the "City Resolution") and Chapter 17.44 of the Pleasanton <br /> Municipal Code (the"Inclusionary Zoning Ordinance"). <br /> C. Pursuant to the terms of the Transfer Agreement,Transferor agreed to transfer I 1 <br /> IUCs to Transferee,which transfer is being consummated as of the date first set forth above. <br /> D. The parties hereto desire to evidence(i)Transferee's acceptance of such 1_ I IUCs and <br /> (ii) the City's acknowledgement of the transfer of such IUCs from Transferor to I ransferee. <br /> AAo eement and Acknowledgement <br /> NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which <br /> are hereby acknowledged,the parties agree and acknowledge as follows: <br /> 1 . Transferee hereby acknowledges its acceptance of the above-described I__I IUCs and <br /> agrees to be bound by all laws,rules and regulations applicable thereto,including,without <br /> limitation,the Resolution and the Inclusionary Zoning Ordinance. <br /> 2. The City hereby acknowledges (i) the transfer of the above-described I _I IUCs to <br /> Transferee,and (ii) the City's consent to such transfer. The City agrees and acknowledges that <br /> no further consent to such transfer shall be required in order to evidence or effectuate such <br /> transfer. <br /> 3. This Acknowledgment and Agreement may be executed in any number of counterparts <br /> and each of the counterparts shall be considered an original and all counterparts shall constitute <br /> but one and the same instrument. <br /> (Signature Page Follows Immediately' <br />