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City of Pleasanton
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9/26/2013 3:21:14 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/1/2013
DESTRUCT DATE
15Y
DOCUMENT NO
11
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XI. HOMEOWNER/RESIDENT AS THIRD-PARTY BENEFICIARY <br /> This Agreement is intended to benefit Residents and the Property Owner. Every Resident <br /> is deemed to be a third party beneficiary of this Agreement with the authority to enforce its <br /> provisions. <br /> XII. TERM <br /> The Agreement shall take effect on October 1, 2013 and shall terminate on December 31, <br /> 2018 unless terminated earlier under Article XVI, or extended as provided below. <br /> The Property Owner may seek to implement a one year extension of this agreement. Up to two <br /> one-year extensions may be granted by City. The procedure for requesting these extensions shall <br /> be as follows: <br /> A. Property Owner shall arrange for a meeting of the Residents' Agreement <br /> Committee, or successor committee, and the City Attorney after this Agreement has been in <br /> place for approximately two years, i.e. around October 2015. At the meeting the Residents shall <br /> consider Property Owner's compliance with the terms of this Agreement, and especially <br /> maintenance responsibilities, and the committee shall make a recommendation to the City <br /> Attorney regarding whether or not a one year extension should be allowed. In October 2017 a <br /> second such meeting shall occur with recommendations by the Residents to the City Attorney. <br /> Following the latter meeting, the City Attorney shall make a determination as to whether or a one <br /> year extension shall be allowed. The City Attorney shall in writing advise the Residents of his or <br /> her decision, sent to the President of the homeowners' association with a copy to the Residents' <br /> Agreement Committee, and to the Property Owner. There shall be a ten day appeal period(from <br /> the date of the City Attorney's written notice) to seek review by the City Manager of the City <br /> Attorney's decision. If the City Attorney determines that a one-year extension is appropriate and <br /> there is no timely appeal of his determination filed with the City Manager, then the one-year <br /> extension shall take effect. The City Attorney shall send a confirmation notice to the Property <br /> Owner, the President of the homeowners association and the Residents' Agreement Committee <br /> confirming the one year extension through December 31, 2019. <br /> B. If a second one year extension is sought to extend the term of the Agreement <br /> through December 31, 2020, Property Owner shall arrange for a meeting of the Residents' <br /> Agreement Committee, or successor committee, and the City Attorney in approximately July <br /> 2018. the City Attorney shall make a determination as to whether or a one-year extension shall <br /> be allowed. The City Attorney shall in writing advise the Residents of his or her decision, sent to <br /> the President of the homeowners' association with a copy to the Residents' Agreement <br /> Committee, and to the Property Owner. There shall be a ten day appeal period(from the date of <br /> the City Attorney's written notice)to seek review by the City Manager of the City Attorney's <br /> decision. If the City Attorney determines that a one-year extension is appropriate and there is no <br /> timely appeal of his determination filed with the City Manager, then the one-year extension shall <br /> take effect. The City Attorney shall send a confirmation notice to the Property Owner, the <br /> Agreement Providing for Stabilization of Mobilehome Space Rents <br /> October 1,2013 <br /> 9 <br />
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