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02
City of Pleasanton
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CITY CLERK
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2016
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021616
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2/10/2016 3:36:52 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/16/2016
DESTRUCT DATE
15Y
DOCUMENT NO
02
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12. Fair Housing and Civil Rights Requirements. With regard to the Disposition <br /> Property, Owner shall comply with all applicable fair housing and civil rights requirements <br /> including the obligations to affirmatively further fair housing and adhere to the site selection and <br /> neighborhood standards set forth in 24 CFR §§ I.4(b)(3) and 941.202, as applicable. <br /> 13. Federal Accessibility Requirements. With regard to the Disposition Property, <br /> Owner shall comply with all applicable federal accessibility requirements under the Fair Housing <br /> Act and the implementing regulations at 24 CFR Part 100, Section 504 of the Rehabilitation Act <br /> of 1973 and the implementing regulations at 24 CFR Part 8, and Titles II and III of the <br /> Americans with Disabilities Act and the implementing regulations at 28 CFR Parts 35 and 36, <br /> respectively. <br /> 14. Impairment of HAP Contract. The terms and provisions of this Agreement shall <br /> continue in full force and effect except as expressly stated herein. Any conflicts between this <br /> Agreement and any HAP Contract shall be resolved by HUD, at its sole and absolute discretion. <br /> 15. Execution of Other Agreements. PHA and Owner each covenant and agree that <br /> it has not and shall not execute any other agreement with provisions contradictory of, or in <br /> opposition to, the provisions of this Agreement, and that in any event, the provisions of this <br /> Agreement are paramount and controlling as to the rights and obligations set forth herein and <br /> supersede any conflicting requirements. <br /> 16. Subsequent Statutory Amendments. If revisions to the provisions of this <br /> Agreement are necessitated by subsequent statutory amendments, PHA and Owner each agree to <br /> execute modifications to this Agreement as necessary to conform to the statutory amendments. In <br /> the alternative, at HUD's sole and absolute discretion, HUD may implement any such statutory <br /> amendment through rulemaking. <br /> 17. Reimbursement of Attorney Fees. Owner and/or Lessee shall reimburse PHA <br /> for all attorneys' fees and expenses reasonably incurred by PHA in connection with the <br /> enforcement of PHA's rights under this Agreement, including, but not limited to, all such fees <br /> and expenses for trial, appellate proceedings, out-of-court workouts, mediation and settlements, <br /> and for enforcement of rights under any state or federal statute, including, but not limited to, all <br /> such fees and costs relating to any bankruptcy and/or insolvency proceedings of such Successor <br /> Owner and/or Successor Lessee, as applicable, such as in connection with seeking relief from <br /> stay in a bankruptcy proceeding or negotiating and documenting any amendment or modification <br /> of this Agreement. <br /> 18. Incorporation of Recitals. The above recitals are incorporated herein by <br /> reference. <br /> 19. Governing Law. This Agreement shall be governed, construed and interpreted in <br /> accordance with the laws of the State of California, and the parties shall submit to the <br /> jurisdiction and venue of the courts of the State of California in the county where the Disposition <br /> Property is located in any legal proceeding necessary to interpret or enforce this Agreement. <br /> Page 6 of 16 <br />
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