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RES 2024040
City of Pleasanton
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RES 2024040
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6/18/2024 4:24:22 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
DESTRUCT DATE
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<br />4879-3324-5885v3 <br />14 <br />4.5.2 Access to Records; Inspection and Audit. Upon request, and with at least <br />two (2) business days’ prior written notice, Owner shall permit the City and its authorized agents <br />and representatives to inspect during normal business hours, those books, records and all other <br />documents of Owner necessary to determine Owner’s compliance with the terms of this <br />Agreement and the other City Documents. All Project books, records, and accounts, and all tax <br />returns and other reports that Owner may be required to furnish to any governmental agency <br />shall be open to and available for audit, inspection and copying by the City, its auditors and other <br />authorized representatives at reasonable intervals during normal business hours upon not less <br />than two (2) business days’ prior written notice. With at least two (2) business days’ prior <br />written notice, during normal business hours and as often as may be deemed necessary, City and <br />its authorized agents and representatives shall be permitted access to and the right to examine the <br />Project and the Property and to interview tenants and employees of the Project, for the purpose <br />of verifying compliance with applicable regulations and compliance with the conditions of this <br />Agreement and the other City Documents. <br /> <br />City shall notify Owner of any records it reasonably deems insufficient. Owner shall <br />have fifteen (15) calendar days from such notice to correct any specified deficiency in the <br />records, or, if more than fifteen (15) days shall be reasonably necessary to correct the deficiency, <br />Owner shall begin to correct the deficiency within fifteen (15) days and diligently pursue the <br />correction of the deficiency as soon as reasonably possible. <br /> <br />City’s receipt or acceptance of any statement delivered or payment made by Owner <br />pursuant to this Agreement or the other City Documents shall not bind the City as to the <br />correctness of such statement or payment. Within three (3) years after the receipt of any such <br />statement or payment, the City or its designated agent shall be entitled to audit all books, records, <br />and accounts pertaining to the calculation of payment amounts due under the City Documents. <br />Such audit shall be conducted upon not less than two (2) business days’ prior written notice <br />during normal business hours at the principal place of business of Owner and other places where <br />Project records are kept. Promptly following completion of an audit, the City shall deliver a copy <br />of the audit results to Owner. If the audit determines that there has been a deficiency in a <br />payment under the Note or the Ground Lease, then subject to Owner’s right to provide a <br />reconciliation of such deficiency to City within 30 days following Owner’s receipt of the audit <br />results, such deficiency shall, if not reconciled to the satisfaction of City, become immediately <br />due and payable with interest at the rate set forth in the Note, accruing from the date that such <br />payment should have been made; provided however, if Owner's failure, refusal, or repeated <br />failure to correctly calculate and/or submit the payment required under the Note or the Ground <br />Lease constitutes an Event of Default, interest shall be payable at the default rate specified in the <br />Note accruing from the date that such payment should have been made. In addition, if the City <br />audit for any period determines that surplus cash payable pursuant to the Note or the Ground <br />Lease during such period exceeds Owner’s calculation by the lesser of (a) five percent (5%) of <br />the amount payable or (b) Five Thousand Dollars ($5,000), then in addition to the interest <br />charges described above, Owner shall pay the City's cost to conduct the audit. <br /> <br />5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects <br />its interest in the Property and the Project to the covenants and restrictions set forth in this <br />Agreement. The City and Owner hereby declare their express intent that the covenants and
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