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03
City of Pleasanton
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CITY CLERK
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2016
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030116
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03
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2/25/2016 4:13:47 PM
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2/25/2016 4:13:05 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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"Predevelopment Note" is defined in Section 4.1.2. <br /> "Project" is defined in Recital B. <br /> "Property" is defined in Recital A. <br /> "Regulatory Agreement" is defined in Section 4.6(e). <br /> "Title Company" is defined in Section 3.1. <br /> "Transfer" is defined in Section 8.2. <br /> 1.2 Exhibits. The following Exhibits are attached hereto and incorporated into this <br /> Agreement by this reference: <br /> A Legal Description of the Property <br /> B Form of Promissory Note <br /> C Form of Deed of Trust <br /> D Form of Regulatory Agreement <br /> E Financing Plan <br /> F Form of Certificate of Completion <br /> ARTICLE II <br /> REPRESENTATIONS; PROJECT SCOPE; FINANCING PLAN <br /> 2.1 Developer's Representations. Developer represents and warrants to City as <br /> follows,and Developer covenants that until the expiration or earlier termination of this <br /> Agreement, upon learning of any fact or condition which would cause any of the warranties and <br /> representations in this Section 2.1 not to be true, Developer shall immediately give written notice <br /> of such fact or condition to City. Developer acknowledges that City shall rely upon Developer's <br /> representations made herein notwithstanding any investigation made by or on behalf of City. <br /> (a) Organization. Developer is a limited partnership, duly organized and in good <br /> standing under the laws of the State of California. Developer's general partner is Kottinger <br /> Gardens Phase 1 LLC, a limited liability company that is duly organized and in good standing <br /> under the laws of the State of California and whose sole member and manager is MP <br /> Preservation, Inc., a nonprofit public benefit corporation duly organized and in good standing <br /> under the laws of the State of California and tax-exempt under Section 501(c)(3)of the Internal <br /> Revenue Code of 1986, as amended. <br /> (b) Authority of Developer. Developer has full power and authority to execute and <br /> deliver this Agreement and all other documents or instruments executed and delivered by <br /> Developer,or to be executed and delivered by Developer pursuant to, or in connection with, this <br /> Agreement, and to perform and observe the terms and provisions of all of the foregoing. <br /> OAK#4822-6539-6013 v3 5 <br />
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