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06
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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101723 REGULAR
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10/11/2023 4:36:54 PM
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10/11/2023 4:36:42 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/17/2023
DESTRUCT DATE
15Y
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Alameda CTC Agreement No.A23-0049 <br /> Project No. 157800 <br /> after PROJECTcompletion,reimburse ALAMEDA CTC for ALAMI?D;\CTC Share of the <br /> Fair Market Value of any property determined to be"excess property". <br /> c. If the PROJECT'begins construction within five(5)years after the effective date of this <br /> AGREEMENT (as such deadline may be extended by agreement between the parties hereto), <br /> then except as provided in subparagraph(d) below,no reimbursement is due with respect <br /> to any property interest acquired for the project using ALAMEDA CTC ADMINISTEiRF.D <br /> FUNDS if the entirety of the acquired property is required for the PROJECT. <br /> d. If PROJECTSPONSOR anticipates receiving net revenues (i.e.,rental or other income <br /> generated by the property,less reasonable costs for insurance,maintenance and related <br /> items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, <br /> PROJECTSPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such <br /> revenue to offset other project costs,and document such revenue separately in project <br /> reimbursement requests. <br /> e. If PROJECTis suspended,PROJF.Cr SPONSOR shall pay all property management costs. <br /> f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA <br /> CTC ADMINISTERED FUNDS shall be available for PROJECTconstruction within ten(10) <br /> years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If,after ten(10)years, <br /> PROJI;cT has not been completed,PROJECTSPONSOR shall reimburse AI.AMF.DA CTC <br /> Share of the fair market value of the property,based on the net proceeds from the sale of <br /> the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, <br /> within one(1)year after the expiration of this ten(10)year period. <br /> 16. If condemnation procedures are required to obtain possession to Right-of-Way,ALAMEDA <br /> CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. <br /> PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety <br /> (90)days after the date of the court recording of the final order of condemnation. If the amount of <br /> ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the <br /> amount of settlement in the final order of condemnation,the PROJECT SPONSOR shall pay ALAMEDA CTC <br /> the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus <br /> ALAMEDA CTC Share of the interest accrued to the deposit account within one(1)year of the final order of <br /> condemnation. <br /> 17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the <br /> construction of the PROJECC has been secured. <br /> 18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is <br /> limited to the following(and net of any relocation payments provided by other sources): - <br /> a. The cost to purchase all real property required for the PROJECT free and clear of liens <br /> and/or conflicting easements,including the costs for preparation of documents, <br /> negotiations and legal services. <br /> Page 12 of 16 <br />
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