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AGENDA REPORTS
City of Pleasanton
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CITY CLERK
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2015
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062215SP
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AGENDA REPORTS
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8/18/2015 11:50:18 AM
Creation date
6/19/2015 11:11:35 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/22/2015
DESTRUCT DATE
15Y
DOCUMENT NO
AGENDA REPORT
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Name of Recipient <br /> Agreement No.: XX-XXX-550 <br /> Project No.: C-06-XXXX-XXX <br /> annual gross revenues and expenses (e.g., a contract for general management services for the <br /> first year of the operations). <br /> If the compensation terms of a management or service contract are materially revised, the <br /> requirements for compensation terms must be retested as of the date of the material revision <br /> and the management or service contract is treated as one that was newly entered into as of the <br /> date of the material revision. <br /> A renewal option, for purposes of the foregoing, is defined to mean a provision under which the <br /> service provider has a legally enforceable right to renew the contract. Thus, for example, a <br /> provision under which a contract is automatically renewed for one (1) year periods absent <br /> cancellation by either party is not a renewal option, even if it iexpected to be renewed. <br /> A cancellation penalty is defined to include a limitation'on the Recipient's ability to compete with <br /> the service provider, a requirement that the Recipient purchase equipment, goods, or services <br /> from the service provider, and a requirement that the.Recipienfpay liquidated damages for <br /> cancellation of the contract; in comparison, arequirement effective on cancellation that the <br /> Recipient reimburse the service provider for ordinary and necessary'expenses or a restriction <br /> against the Recipient hiring key personnel ofthe service provider is"generally not a contract <br /> termination penalty. Another contract between,the service provider and the Recipient, such as a <br /> loan or guarantee by the service provider, is'treated as creating a contracttermination penalty if <br /> that contract contains terms that are not customary'or arm's.length, or that could operate to <br /> prevent the Recipient from terminating the contract(e g.,,provisions under which the contract <br /> terminates if the management'contract is terminated°or that places substantial restrictions on the <br /> selection of a substitute service'provider).``. ". N <br /> The service provider must not.haye any role'or relationship with the Recipient, that, in effect, substantially <br /> limits the Recipients ability to exercise its rights, including'cancellation rights, under the contract, based <br /> on all the facts and circ(mstances., N, f <br /> 4.13 No Disposition of Financed Property. N 'f <br /> L ' \. <br /> The Recipient°does mot expect,to sell or otherwise disposeL\of any portion of the Project, in whole or in <br /> part, priorto the-final maturity date of the Obligation: <br /> 4.14 UsefulLife of ProjectA, N v ` <br /> "� <br /> The economic useful life of the Project, commencing at Project Completion, is at least equal to the term of <br /> this Agreement'as`set forth on Exhibit B hereto: <br /> 4.15 Installment Payments. <br /> 1 <br /> Installment Payments generally are,expected to be derived from assessments, taxes, fees, charges or <br /> other current revenues of the.Recipient in each year, and such current revenues are expected to equal or <br /> exceed the Installment Payments during each payment period. Any amounts accumulated in a sinking <br /> fund or bona fide debt service fund to pay Installment Payments (whether or not deposited to a fund or <br /> account established by the Recipient) will be disbursed to pay Installment Payments within thirteen <br /> months of the initial date of accumulation or deposit. Any such fund used for the payment of Installment <br /> Payments will be depleted once a year except for a reasonable carryover amount not exceeding earnings <br /> on such fund or one-twelfth of the Installment Payments in either case for the immediately preceding <br /> year. <br /> 19 <br /> Pmucros <br />
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