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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
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22 <br />4859-3312-3005v3 <br />Premises, affect the Lease Term or rent under this Lease, or otherwise in any material respect <br />adversely affect any rights of Lessor under this Lease. <br />(b) Any Leasehold Mortgage shall be subject to the provisions of this Lease <br />and all rights of Lessor under this Lease. Notwithstanding any contrary provision of this Lease, <br />in no event may any mortgage or other security instrument, including without limitation any <br />Leasehold Mortgage, be recorded against Lessor’s fee interest in the Land or reversionary <br />interest in the Improvements without Lessor’s prior written consent, which Lessor may grant or <br />withhold in the exercise of Lessor’s sole discretion. Lessor will not encumber or transfer <br />Lessor’s fee interest in the Land or reversionary interest in the improvements without the prior <br />written consent of the Senior Lender. <br />(c) Intentionally omitted. <br /> <br />(d) Notwithstanding any contrary provision hereof, if prior to completion of <br />rehabilitation or construction of the Improvements, a Lender completes a foreclosure sale or <br />accepts a deed in lieu of foreclosure, such Lender or Nominee may complete the rehabilitation or <br />construction with modifications to the Construction Plans as necessary to make the Project <br />economically feasible and as reasonably approved by the City of Pleasanton, provided that such <br />modifications will not result in a reduction in the number of residential units, a reduction in the <br />number of on-site parking spaces, or a significant reduction in Project common space or <br />amenities. <br />Section 8.3 Cost of Approved Loans to be Paid by Tenant. Lessee affirms that it shall <br />bear all of the costs and expenses in connection with (a) the preparation and securing of the <br />Approved Loans, (b) the delivery of any instruments and documents and their filing and <br />recording, if required, and (c) all taxes and charges payable in connection with the Approved <br />Loans. <br />Section 8.4 Proceeds of Approved Loans. It is expressly understood and agreed that all <br />Approved Loan proceeds shall be paid to and become the property of Lessee, and that Lessor <br />shall have no right to receive any such Approved Loan proceeds. <br />Section 8.5 Notice and Right to Cure Defaults Under Approved Loans. Upon the <br />recording of a memorandum of this Lease, Lessor may record in the Official Records a request <br />for notice of any default under each Approved Loan. In the event of default by Lessee under an <br />Approved Loan, Lessor shall have the right, but not the obligation, to cure the default in <br />accordance with the applicable loan documents. Any payments made by Lessor to cure a default <br />shall be treated as Additional Rent due from Lessee hereunder, which shall be paid within thirty <br />(30) days of the date on which the payment was made by Lessor. <br />Section 8.6 Rights of Investor. The Investor shall have the same notice and cure rights <br />as any Lender for so long as it is a limited partner of Lessee; provided however, the references in <br />this Section 8 to additional cure periods of Lender to permit Lender to foreclose shall instead <br />refer to Investor’s actions to remove the general partner of Lessee.
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