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DRAFT RECORDING REQUESTED BY: Housing Authority of the City of Pleasanton Attn: City of Pleasanton, City Clerk P.O. Box 520 Pleasanton, CA 94566 WHEN RECORDED MAIL TO: Housing Authority of the City of Pleasanton Attn: Nelson Fialho, Executive Director P.O. Box 520 Pleasanton, CA 94566 NO FEE REQUIRED PER GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) USE AGREEMENT (KOTTINGER PLACE) This Use Agreement (this "Agreement") dated as of , 20_, is by and between the U.S. Department of Housing and Urban Development ("HUD"), with an address of 1 Sansome Street, 12th Floor, San Francisco, California, 94104, Housing Authority of the City of Pleasanton, a public body corporate and politic organized under the laws of the State of California ("PHA"), with an address of 123 Main Street, Pleasanton, CA 94566, City of Pleasanton, a municipal corporation organized under the laws of the State of California ("Owner"), with an address of 123 Main Street, Pleasanton, CA 94566 and Kottinger Gardens Phase 1 Associates, L.P, a California limited partnership ("Lessee") with an address of 303 Vintage Park Drive, Suite 250, Foster City, CA, 94404. RECITALS WHEREAS, PHA owned and operated one (1) non-dwelling building and eighteen (18) dwelling buildings containing fifty (50) dwelling units and three and three tenths (3.30) acres of underlying land at Kottinger Place, CA081000001, more particularly described in that certain Declaration of Trust recorded in the official records of the County of Alameda(the"Declaration of Trust"), and as further described in Exhibit A, attached hereto and incorporated herein (the "Disposition Property"); WHEREAS, PHA owned and operated the Disposition Property as low-rent public housing with financial assistance provided by HUD under the U.S. Housing Act of 1937, as amended, 42 U.S.C. 1437 et. seq. (the"Act"); Pagel of 16