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SR 05:219
City of Pleasanton
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SR 05:219
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Last modified
9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />(10) The Lessor shall cooperate in including in this Lease by suitable <br />amendment from time to time any provision which may reasonably be requested by any proposed <br />Lender for the purpose of implementing the mortgagee-protection provisions contained in this <br />Lease and allowing such proposed Lender reasonable means to protect or preserve the lien ofthe <br />leasehold mortgage and the value of its security. The Lessor agrees to execute and deliver (and <br />to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such <br />amendment; provided, however, that any such amendment shall not in any way affect the Lease <br />Term or rent under this Lease; <br /> <br />4.3 rn~t nf Oth"'T T n.n~ tn h", P.ic1 hy T "'~~"'''' <br /> <br />The Lessee shall bear all of the costs and expenses in connection with (i) the preparation <br />and securing of the Othfr Loans, (ii) the delivery of any instruments and documents and their filing <br />and recording, if required, and (iii) all taxes and charges payable in connection with the Other <br />Loans. <br /> <br />4.4 Prnl"PPct<: of T n~n~ <br /> <br />It is expressly understood and agreed that all Other Loan, City Loan and the City HELP <br />Loan proceeds shall be paid to and become the property of the Lessee, and that the Lessor shall <br />have no right to receive any such Other Loan, the City Loan and the City HELP Loan proceeds. <br /> <br />4.5 Nntl('p.~nr1 Rig}lt to rnTp. npf::mlto;:. 1 TnnPT T nR",," <br /> <br />Upon the recording of a Memorandum of Lease or this Lease, the Lessor may record in the <br />office of the Recorder of the County in which the land is situated, a request for notice of any default <br />under each Other Loan. In the event of default by the Lessee under an Other Loan, the Lessor shall <br />have the right, but not the obligation, to cure the default. Any payments made by the Lessor to cure <br />a default shall be treated as rent due from the Lessee which shall be paid, with interest which shall <br />equal the Lessor's Local Agency Investment Fund Rate (established pursuant to Section 16429.1 of <br />the Ca1ifomia Government Code) within thirty (30) days of the date on which the payment was <br />made by the Lessor. If Lessee is not able to cure a default under the Other Loan, Lessee agrees to <br />work cooperatively with Lessor if Lessor seeks to cure the default, pay any amounts due under the <br />Other Loan if accelerated, or assume the Other Loan. <br /> <br />, <br />ARTICLE 5: TN"TlR A NrF <br /> <br />5.1 Rp.qJlirp.n TnC;:l1r~nf':p rnVp.TAgp. <br /> <br />(a) PT"P",rty TMl1T.n""'. The Lessee shall during the Lease Term keep the <br />Improvements insured against loss or damage by a standard all risk policy including flood and <br />earthquake (if commercially reasonably available) in amounts such that the proceeds of such <br />insurance shall not be less than the full replacement value of the Project, or should insurance in <br />such amount not be commercially reasonably available, such lesser amount as may be acceptable <br />to any Lenders. If an all risk policy insuring the full replacement value of the Project is not <br /> <br />144\ 1 05\153233.23 <br /> <br />16 <br />
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