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SR 06:162
City of Pleasanton
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SR 06:162
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7/13/2006 3:43:14 PM
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7/13/2006 3:22:26 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/18/2006
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 06:162
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<br />(c) Any Existing Tenant who uses Owner's preferred lender to finance <br />the purchase of a Market Rate Unit within the Project will receive a credit of $5,000 in <br />closing costs as set forth in Section 5 of this Agreement. <br /> <br />(d) Owner shall provide an apartment directory for comparable <br />projects in the area, which directory the City will review for accuracy. <br /> <br />(e) Owner shall provide free of charge transportation to and from an <br />alternative project for any Existing Tenant who is disabled (consistent with the definition <br />of "handicapped" in California Health & Safety Code section 50072) or over the age of <br />62 years. <br /> <br />(f) Owner shall provide to any Existing Tenant who is disabled <br />(consistent with the definition of "handicapped" in California Health & Safety Code <br />section 50072), or over the age of 62 years or a long term tenant (residing within the <br />Project more than I 0 years) tenant rental assistance in the amount of three months Project <br />rent provided that they remain in their unit until the expiration of the 120-day right of <br />first refusal period. <br /> <br />(g) Owner shall phase the sale of the units within the Project so that <br />units occupied by any Existing Tenant who is elderly, disabled or a long term tenant are <br />among the last units to be available for sale. <br /> <br />12. Within five (5) business days following City's approval of this <br />Agreement, City shall execute and provide to Owner an Acknowledgment, in the form <br />attached as Exhibit A, concerning Owner's proposed sale of the units certifying that <br />Owner has obtained all discretionary City permits and approvals that are or may be a <br />prerequisite to the marketing and sale of the Project units as condominiums. The sale of <br />Project units is not a condominium conversion subject to the City's condominium <br />conversion ordinance as that ordinance may be amended or superseded from time to time. <br /> <br />13. Owner's rights and obligations set forth in this Agreement shall be <br />transferable and assignable to any successor of Owner owning all or any portion of the <br />Project without the need for Owner to obtain any prior City approval or consent. City's <br />rights and obligations set forth in this Agreement are not transferable or assignable. <br /> <br />14. The Parties acknowledge that this Agreement will require their respective <br />ongoing mutual cooperation and good faith to administer and the Parties shall cooperate <br />in good faith to timely implement this Agreement. If and when, from time to time, City <br />and Owner agree that refinements to this Agreement are necessary or appropriate, they <br />shall effectuate such refinements through operating memoranda approved and executed <br />by the City Manager and Owner, which, after execution, shall be attached to this <br />Agreement. Provided such refinements are consistent with the terms of this Agreement, <br />the operating memoranda shall not constitute an amendment to this Agreement requiring <br />City Council action. The City Manager shall be authorized to make the determination <br />whether a requested clarification may be effectuated pursuant to this Section or whether <br /> <br />4 <br /> <br />642862.9 <br />
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