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09B
City of Pleasanton
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CITY CLERK
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2018
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020618
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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extension of the time deadlines set forth in this Agreement as required to restructure the <br />Financing Plan, subject to the outside time limit for completion set forth in Section 5.1 below. <br />City's approval of the Financing Plan shall be a condition precedent to City's obligation to lease <br />the Property to Developer. The approved Financing Plan shall be attached to this Agreement as <br />Exhibit E. The terms set forth in the body of this Agreement shall prevail in the event of a <br />conflict between the information set forth in the Financing Plan and the terms set forth in the <br />body of this Agreement. <br />2.5.2.1 Tax Credit Funds. Developer will use best efforts to submit an <br />application to TCAC for a preliminary tax credit reservation for the Project by June 30, 2018, but <br />in no event later than TCAC's second round for 2019. Developer will submit applications to <br />TCAC for a preliminary tax credit reservation for the Project in up to three consecutive rounds, if <br />necessary to secure a tax credit allocation. Upon award of a preliminary reservation from <br />TCAC, Developer shall exercise diligent good faith efforts to obtain a funding commitment from <br />a reputable equity investor. Procurement of a TCAC preliminary reservation and receipt of an <br />equity investor's funding commitment reasonably acceptable to City shall be conditions <br />precedent to the City's obligation to lease the Property to Developer. <br />If Developer does not receive an allocation of tax credits after applying in three <br />consecutive TCAC rounds, but in no event later than the second round of 2019, unless the Parties <br />agree to an alternative financing plan for the Project, the City shall have the right, by delivery of <br />written notice to Developer, to terminate any obligation that may be construed to have arisen <br />under this Agreement relating to the leasing of the Property or financing the Project. <br />2.5.3 Modifications. Proposed modifications to the Financing Plan shall be <br />submitted to the City for review and approval. City staff shall promptly review such proposed <br />modifications, and acting through its Authorized Representative, the City shall approve such <br />modifications in writing within fifteen (15) business days following receipt provided that the <br />modifications conform to the requirements of this Agreement. If the City does not approve <br />proposed modifications, the City shall set forth its objections in writing and notify Developer of <br />the reasons for its disapproval. Developer shall thereafter submit a revised Financing Plan that <br />addresses the reasons for disapproval. If the City does not approve or provide written objections <br />to Developer within such fifteen (15) business day period, the proposed modifications shall be <br />deemed rejected. <br />2.5.4 Loan and Grant Documents; Partnership Agreement. Developer shall <br />submit to the City for its review and approval, copies of all loan and/or grant documents for the <br />financing sources identified in the Financing Plan, and, if the Project will be conveyed to an <br />Approved Partnership, copies of the Partnership Agreement and related documents. <br />ARTICLE III <br />GROUND LEASE OF THE PROPERTY; CONDITIONS <br />PRECEDENT TO CLOSING <br />OAK #4845-1087-0362 v5 <br />9 <br />
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