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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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11/7/2017 3:38:37 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
PERMANENT
DOCUMENT NO
17969
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(11) Loan Documents All documents executed by Lessee evidencing or <br /> securing a Leasehold Mortgage <br /> (mm) Management Agent: The Person designated from time to time as <br /> "Management Agent" of all or any portion of the Improvements under any management <br /> agreement entered into from time to time with Lessee The initial Management Agent will be <br /> MidPen Property Management Corporation <br /> (nn) Net Condemnation Award The net amounts owed or paid to the Parties <br /> or to which either of the Parties may be or become entitled by reason of any Taking or pursuant <br /> to any agreement with any condemning authority which has been made in settlement of any <br /> proceeding relating to a Taking, less any costs and expenses incurred by the Parties in collecting <br /> such award or payment. <br /> (oo) Partnership The limited partnership that is the Lessee <br /> (pp) Party Lessor or Lessee, as applicable. Lessor and Lessee shall be referred <br /> to collectively as the "Parties " <br /> (qq) Permitted Encumbrances. Permitted title encumbrances as defined in <br /> Section 9.1(a) <br /> (rr) Person: An individual, partnership, corporation, public benefit <br /> corporation, trust, unincorporated association, or other entity or association <br /> (ss) Phase II or the Project The Improvements as defined above <br /> (tt) Regulatory Agreement That certain Affordable Housing Regulatory <br /> Agreement and Declaration of Restrictive Covenants to be executed by Lessor and Lessee and <br /> recorded concurrently with execution of this Lease <br /> (uu) Rent As descnbed in Section 4.1 hereof <br /> (vv) Senior Loan. That certain permanent loan the original principal amount of <br /> [$8,500,000] to be provided by California Municipal Finance Agency to Lessee. <br /> (ww) Taking A taking during the Term hereof of all or any part of the Leased <br /> Premises and/or the Improvements, or any interest therein or right accruing thereto, as a result of <br /> the exercise of the right of condemnation or eminent domain materially affecting the Leased <br /> Premises or any part thereof A conveyance in lieu of or in anticipation of the exercise of any <br /> such right of condemnation or eminent domain shall be considered a Taking Any such Taking <br /> shall be deemed to have occurred upon the earlier to occur of(a) the date on which the property, <br /> right or interest so taken must be surrendered to the condemning authority, or(b) the date title <br /> vested in a condemning authority or other party pursuant to any Taking <br /> (xx) Tax Credit Eligible Household. A household that is eligible to rent and <br /> occupy a qualified low income dwelling unit under Section 42 of the Internal Revenue Code and <br /> applicable TCAC and State of California Legal Requirements relating to low income housing tax <br /> 6 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />
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