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DRAFT <br /> Exhibit B <br /> RECORDING REQUESTED BY <br /> AND WHEN RECORDED MAIL TO: <br /> Housing Authority of the City of Pleasanton <br /> Attn: City of Pleasanton, City Clerk <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Recording requested Pursuant to <br /> Government Code Sections <br /> No Fee-27383 <br /> USE AGREEMENT <br /> (KOTTINGER PLACE) <br /> This Use Agreement (this "Agreement") dated as of , 20_, is by and <br /> between the U.S. Department of Housing and Urban Development ("HUD"), with an address of <br /> 1 Sansome Street, 12th Floor, San Francisco, California, 94104, Housing Authority of the City of <br /> Pleasanton, a public body corporate and politic organized under the laws of the State of <br /> California ("PHA"), with an address of 123 Main Street, Pleasanton, CA 94566, City of <br /> Pleasanton, a municipal corporation organized under the laws of the State of California <br /> ("Owner"), with an address of 123 Main Street, Pleasanton, CA 94566 and Kottinger Gardens <br /> Phase 1 Associates, L.P, a California limited partnership ("Lessee") with an address of 303 <br /> Vintage Park Drive, Suite 250, Foster City, CA, 94404. <br /> RECITALS <br /> WHEREAS, PHA owned and operated one (1) non-dwelling building and eighteen (18) <br /> dwelling buildings containing fifty (50) dwelling units and three and three tenths (3.30) acres of <br /> underlying land at Kottinger Place, CA081000001, more particularly described in that certain <br /> Declaration of Trust recorded in the official records of the County of Alameda(the "Declaration <br /> of Trust"), and as further described in Exhibit A, attached hereto and incorporated herein (the <br /> "Disposition Property"); <br /> WHEREAS, PHA owned and operated the Disposition Property as low-rent public <br /> housing with financial assistance provided by HUD under the U.S. Housing Act of 1937, as <br /> amended, 42 U.S.C. 1437 et. seq. (the"Act"); <br /> WHEREAS, construction and/or operation of the Disposition Property was financed in <br /> part by HUD; <br /> WHEREAS, PHA requested HUD approval of the conveyance of the Disposition <br /> Property and HUD has, as documented in the letter from HUD to PHA dated February 26, 2015, <br /> as thereafter amended (collectively the "Approval Letter"), attached hereto as Exhibit B and <br /> incorporated herein, agreed to such sale on the terms and conditions set forth in the Approval <br /> Letter, and this Agreement(collectively,the"HUD Disposition Approval"); <br /> Page 1 of 16 <br />