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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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2/25/2016 4:13:47 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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(c) Authority of Persons Executing Documents. This Agreement and all other <br /> documents or instruments that have been or that will be executed and delivered by Developer <br /> pursuant to or in connection with to this Agreement, have been or will be executed and delivered <br /> by persons who are duly authorized to execute and deliver the same for and on behalf of <br /> Developer, and all actions required under Developer's organizational documents and applicable <br /> governing law for the authorization, execution, delivery and performance of this Agreement and <br /> all other documents or instruments that have been or that will be executed and delivered by <br /> Developer pursuant to or in connection with this Agreement, have been duly taken or will have <br /> been duly taken (to the extent such actions are required)as of the date of execution and delivery <br /> of such documents. <br /> (d) Valid and Binding Agreements. This Agreement and all other documents or <br /> instruments which have been or that will be executed and delivered by Developer pursuant to or <br /> in connection with this Agreement constitute or, if not yet executed or delivered, will when so <br /> executed and delivered, constitute legal, valid and binding obligations of Developer, enforceable <br /> in accordance with their respective terms, subject to laws affecting creditors' rights and <br /> principles of equity. <br /> (e) No Breach of Law or Agreement. Neither the execution nor delivery of this <br /> Agreement or any other documents or instruments that have been or that will be executed and <br /> delivered by Developer pursuant to or in connection with this Agreement, nor the performance of <br /> any provision, condition, covenant or other term hereof or thereof,will conflict with or result in a <br /> breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, <br /> commission or agency binding on Developer,or any provision of the organizational documents <br /> of Developer, or will conflict with or constitute a breach of or a default under any agreement to <br /> which Developer is a party, or will result in the creation or imposition of any lien upon any <br /> assets or property of Developer,other than liens established pursuant hereto. <br /> (f) Pending Proceedings. Developer is not in default under or in violation of any law <br /> or regulation or under any order of any court, board, commission or agency whatsoever, and to <br /> the current actual knowledge of Developer's principals, there are no claims, actions, suits or <br /> proceedings pending or threatened against or affecting Developer or the Property, at law or in <br /> equity, before or by any court, board, commission or agency. Developer is not the subject of any <br /> bankruptcy or insolvency proceeding, and no general assignment or general arrangement for the <br /> benefit of creditors or the appointment of a trustee or receiver to take possession of all or <br /> substantially all of Developer's assets has been made.. <br /> 2.2 Intentionally omitted <br /> 2.3 Project Scope. The Project will include the demolition of the existing <br /> improvements on the Property and the construction of a multi-family affordable senior housing <br /> development consisting of: 131 apartments and related improvements(all of the foregoing are <br /> collectively hereinafter referred to as the"Improvements."). <br /> 2.4 Financing Plan. Developer shall submit to City for City's review and approval, <br /> Developer's plan for construction and permanent financing for the Project (the "Financing <br /> Plan"). The Financing Plan shall indicate all sources of funds necessary to pay, when due,the <br /> OAK#4822-6539-6013 v3 <br />
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