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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
68
Date
6/21/2022
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<br />Page | 5 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <br />and/or securities is/are traded publicly on a national stock exchange or traded in the over -the-counter <br />market and the price for which is regularly quoted in recognized national quotation services; <br /> <br />(d) A mere change in the form, method, or status of ownership (including, <br />without limitation, the creation of single-purpose entities) as long as the ultimate beneficial <br />ownership remains the same as of the Effective Date, or is otherwise excluded in accordance with <br />subsections (a) – (c) above; <br /> <br />(e) A transfer to an Affiliated nonprofit public benefit corporation or for- <br />profit corporation, or to a limited partnership whose general partner is a nonprofit corporation, for - <br />profit corporation or limited liability company Affiliated with the Tenant or the Tenant’s general <br />partner, subject to the County and Agency’s right to reasonably approve the agreement to effect such <br />assignment or transfer; <br /> <br />(f) The lease, assignment of lease or sublease of any individual residential <br />unit in the Improvements; <br /> <br />(g) A transfer of the Tenant’s interest in the Premises by foreclosure or deed <br />in lieu of foreclosure (i) to any bona fide third-party lender holding a lien encumbering the Premises <br />(or its nominee), and (ii) by a Lender Foreclosure Transferee to a third-party made in accordance <br />with Section 17.6.5; <br /> <br />(h) Transfers of any limited partnership or membership interest in the Tenant <br />to an investor solely in connection with the tax credit syndication of the Premises in accordance with <br />Section 42 of the Internal Revenue Code of 1986, as amended (the “Tax Credit Laws”), (including, <br />without limitation, a subsequent transfer of the Limited Partner’s interest to an Affiliate of the <br />Limited Partner), provided, such syndication shall not extend the Term of this Lease; <br /> <br />(i) The grant or exercise of an option agreement or right of first refusal solely <br />in connection with the tax credit syndication of the Premises in accordance with the Tax Credit Laws <br />provided that the syndication shall not extend the Term of this Lease; <br /> <br />(j) The removal and replacement of one or both of Tenant’s general partners <br />pursuant to the terms of Tenant’s Partnership Agreement as of the Effective Date and replacement by <br />the Limited Partner, or an Affiliate thereof; or <br /> <br />(k) Any assignment of the Lease by Tenant to an Affiliate of Tenant or to a <br />Mortgagee as security in which there is no change to the direct and indirect beneficial ownership of <br />the leasehold interest. <br /> <br />1.1.19. “Force Majeure Event” is defined in Article XIV. <br /> <br />1.1.20. “Hazardous Material(s)” is defined in Section 4.5. <br /> <br />1.1.21. “HCD” shall mean the California Department of Housing and Community <br />Development. <br /> <br />EXHIBIT 11
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