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03
City of Pleasanton
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CITY CLERK
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2016
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030116
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03
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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any other collateral held by City as security for this Note; provided however, nothing contained <br /> in the foregoing limitation of liability shall: <br /> (A) impair the enforcement against all such security for the Loan of all the rights and <br /> remedies of the City under the Deed of Trust and any financing statements City files in connection <br /> with the Loan as each of the foregoing may be amended,modified,or restated from time to time; <br /> (B) impair the right of City to bring a foreclosure action, action for specific <br /> performance or other appropriate action or proceeding to enable City to enforce and realize upon <br /> the Deed of Trust,the interest in the Project and the Property created thereby and any other <br /> collateral given to City in connection with the indebtedness evidenced hereby and to name the <br /> Borrower as party defendant in any such action; <br /> (C) be deemed in any way to impair the right of the City to assert the unpaid principal <br /> amount of the Loan as a demand for money within the meaning of Section 431.70 of the <br /> California Code of Civil Procedure or any successor provision thereto; <br /> (D) constitute a waiver of any right which City may have under any bankruptcy law to <br /> file a claim for the full amount of the indebtedness owed to City hereunder or to require that the <br /> Project and the Property shall continue to secure all of the indebtedness owed to City hereunder <br /> in accordance with this Note and the Deed of Trust; or <br /> (E) limit or restrict the ability of City to seek or obtain a judgment against Borrower <br /> to enforce against Borrower and its general partners to: <br /> (I)recover under any provision of the City Documents that obligates Borrower to <br /> indemnify City,or <br /> (2)recover from Borrower and its general partners compensatory damages as well <br /> as other costs and expenses incurred by City(including without limitation reasonable <br /> attorneys' fees and expenses)arising as a result of the occurrence of any of the following: <br /> (a)any fraud or intentional misrepresentation on the part of the Borrower, <br /> or its general partners, or any officer, director or authorized representative of <br /> Borrower or its general partners in connection with the request for or creation of <br /> the Loan, or in any City Document, or in connection with any request for any <br /> action or consent by City in connection with the Loan; <br /> (b) any failure to maintain insurance on the Property and the Project as <br /> required pursuant to the City Documents; <br /> (c) failure to pay taxes, assessments or other charges which may become <br /> liens on the Property or the Project; <br /> (d)the presence of Hazardous Materials on the Property or other violation <br /> of the Borrower's obligations under Section 6.6 of the Loan Agreement or Section <br /> 7.11 of the Deed of Trust(pertaining to environmental matters); <br /> OAK#4829-4624-9261 v2 9 <br />
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