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16
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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110513
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10/31/2013 11:49:14 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/5/2013
DESTRUCT DATE
15Y
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and by public authorities during reasonable business hours upon forty-eight (48) hours' written <br /> notice for the purposes of determining compliance with this Agreement. <br /> Section 9.11 Information. The Developer shall provide any information reasonably <br /> requested by the City in connection with the Development. <br /> Section 9.12 Records. <br /> (a) The Developer shall maintain complete, accurate, and current records <br /> pertaining to the Development for a period of five(5) years after the creation of such records, <br /> and shall permit any duly authorized representative of the City to inspect and copy records upon <br /> reasonable notice to the Developer. Such records shall include all invoices, receipts, and other <br /> documents related to expenditures from the City Loan funds. Records must be kept accurate and <br /> current. <br /> (b) The City shall notify the Developer of any records it deems insufficient. <br /> The Developer shall have thirty(30) calendar days after the receipt of such a notice to correct <br /> any deficiency in the records specified by the City in such notice, or if a period longer than thirty <br /> (30) days is reasonably necessary to correct the deficiency, then the Developer shall begin to <br /> correct the deficiency within thirty(30) days and complete the correction of the deficiency as <br /> soon as reasonably possible. <br /> Section 9.13 Financial Accounting and Post-Completion Audits. <br /> (a) No later than ninety (90) days following issuance of the Certificate of <br /> Occupancy, the Developer shall provide to City an unaudited financial accounting of all sources <br /> and uses of funds for the Development. No later than one hundred fifty(150) days following <br /> completion of construction of the Development, the Developer shall submit to the City a copy of <br /> the Development's cost certification report prepared by the Developer's accountant and submitted <br /> to TCAC showing the sources and uses of all funds utilized for the Development. <br /> (b) The Developer shall make available for examination at reasonable <br /> intervals and during normal business hours to City all books, accounts, reports, files, and other <br /> papers or property with respect to all matters covered by this Agreement, and shall permit City to <br /> audit, examine, and make excerpts or transcripts from such records upon reasonable prior notice <br /> to the Developer. The City, in its reasonable discretion, may make audits of any records related <br /> to the development or operation of the Development or the Developer's compliance with this <br /> Agreement. The City shall give the Developer notice of three (3) business days to make such <br /> audits. <br /> Section 9.14 Revisions to Project Budget and Financing Plan. As required under <br /> Section 5.8 as needed thereafter, the Developer shall submit any required amendments to the <br /> Financing Plan and/or the Project Budget including but not limited to any amendments or <br /> modifications to the development budget, Qualified Tax Credit Investor commitment letter, or <br /> the commitment letter from any other lender, to the City for approval within fifteen (15) days of <br /> the date the Developer receives information indicating that actual costs of the Development vary <br /> 22 <br /> 191A52V1242198.13 <br />
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