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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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6/18/2024 4:22:47 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 />16 <br />state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, <br />Owner agrees to maintain the Project and the Property (including without limitation, the <br />residential units, common areas, meeting rooms, landscaping, driveways, parking areas and <br />walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, <br />disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps <br />to prevent the same from occurring on the Property or at the Project. Owner shall prevent <br />and/or rectify any physical deterioration of the Property and the Project and shall make all <br />repairs, renewals and replacements necessary to keep the Property and the improvements <br />located thereon in good condition and repair. Owner shall provide adequate security <br />measures for the Project, including without limitation, the installation of adequate lighting and <br />deadbolt locks. <br /> <br />6.3.1 Additional Requirements. All construction work and professional services <br />for the Project shall be performed by persons or entities licensed or otherwise authorized to <br />perform the applicable work or service in the State of California and shall have a current City of <br />Pleasanton business license if required under local law. To the extent allowed by state and <br />federal laws, Owner shall limit the installation of satellite dish, antenna and other such <br />equipment to screened locations on the Property as approved by the City. Owner shall diligently <br />work to resolve complaints related to noise, parking, litter or other neighborhood concerns <br />related to the Project. <br /> <br /> 6.4 City’s Right to Perform Maintenance. In the event that Owner breaches any of the <br />covenants contained in Section 6.3, and such default continues for a period of ten (10) days after <br />written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days <br />after written notice from City (with respect to landscaping, building improvements and general <br />maintenance), then City, in addition to any other remedy it may have under this Agreement or at <br />law or in equity, shall have the right, but not the obligation, to enter upon the Property and <br />perform all acts and work necessary to protect, maintain, and preserve the improvements and the <br />landscaped areas on the Property. All costs expended by City in connection with the foregoing, <br />shall constitute an indebtedness secured by the Deed of Trust, and shall be paid by Owner to City <br />upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s <br />invoice therefor shall bear interest at the lesser of 10% per annum or the highest rate permitted by <br />applicable law. City shall have a lien against the Project for the amount of such unpaid sums and <br />shall have the right to record a Notice of Claim of Lien against the Project. <br />6.5 Property Management and Marketing; Form of Residential Lease. Prior to the <br />Closing Date, Owner shall submit to City for City review and approval proposed forms of the <br />following documents for the Project: (i) the property management plan (“Property <br />Management Plan”), (ii) the property management agreement, (iii) a plan for marketing the <br />Property (“Marketing Plan”), and (iv) the form of rental agreement that Owner proposes to enter <br />into with Project tenants. The Marketing Plan shall address in detail how Owner plans to market <br />the Restricted Units to prospective Eligible Households in accordance with fair housing laws and <br />this Agreement. The Property Management Plan shall include descriptions of (i) the procedures to <br />be used to certify the eligibility of prospective tenants; (ii) the management team; and (iii) <br />procedures Owner and the management entity will follow to manage and maintain the Property <br />and the Project. Owner shall abide by the terms of the Marketing Plan and the Property
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