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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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Clerk of the Council
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68
Date
6/21/2022
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<br />Page | 49 <br />4894-6811-3695v.2 0017787-000542 <br />17.4 Notice and Cure Rights of Leasehold Mortgagees With Respect to Tenant Defaults. <br />Lessor, upon delivery to Tenant of any notice of a default or demand for payment by Tenant under <br />this Lease or a matter as to which Lessor may predicate or claim a default, will promptly deliver a <br />copy of such notice to each Leasehold Mortgagee. Each notice or demand required to be given by <br />Lessor to a Leasehold Mortgagee under this Lease shall be in writing and shall be given by certified <br />or registered mail, postage prepaid, return receipt requested, to such Leasehold Mortgagee at the <br />address(es) provided by such Leasehold Mortgagee, as applicable, to Lessor from time to time in <br />writing and shall be effective upon receipt (or refusal to accept receipt). No notice or demand given <br />by Lessor to Tenant shall be effective until the duplicate copy of such notice or demand to the Tenant <br />shall have been effectively given to each Leasehold Mortgagee in accordance with this Lease. From <br />and after the date such notice has been given to any Leasehold Mortgagee, such Leasehold <br />Mortgagee shall have the same cure period for such default (or act or omission which is the subject <br />matter of such notice) that is provided to Tenant under this Lease or as otherwise agreed upon by <br />County, Agency and the Tenant, to commence and/or complete a cure of such default (or act or <br />omission which is the subject matter of such notice). Lessor shall accept any and all performance by <br />or on behalf of any Leasehold Mortgagee(s), including by any receiver obtained by any Leasehold <br />Mortgagee(s), as if the same had been done by Tenant. Tenant authorizes each Leasehold Mortgagee <br />to take any such action at such Leasehold Mortgagee’s option, and hereby authorizes any Leasehold <br />Mortgagee (or any receiver or agent) to enter upon the Premises for such purpose. <br />17.5 Limitation on Lessor’s Termination Right. If following the delivery of notice <br />pursuant to Section 17.4, above, the default by Tenant continues and is not cured by Tenant (or any <br />Leasehold Mortgagee as allowed under Section 17.4, above), and such failure entitles County and/or <br />Agency to terminate this Lease, Lessor shall have no right to terminate this Lease unless Lessor shall <br />notify in writing each and every Leasehold Mortgagee who has complied with Section 17.3 of <br />Lessor’s intent to so terminate at least ninety (90) days in advance of the proposed effective date of <br />such termination. If any Leasehold Mortgagee, within such ninety (90) day period, (i) notifies Lessor <br />of such Leasehold Mortgagee’s desire to cure such default and initiates such cure and (ii) pays or <br />cause to be paid the amount that is necessary to cure any monetary default as stated in such notice, if <br />any, then Section 17.6 shall apply. The Lessor, at its sole discretion, may permit such additional time <br />as necessary for any Leasehold Mortgagee to commence the cure or m ake payment(s), as stated <br />herein. If any Leasehold Mortgagee and Limited Partner fails to respond to said notice of <br />termination within the allotted ninety (90) days as consistent with the conditions of this Section 17.5, <br />Lessor are entitled to immediately terminate this Lease. <br />17.6 Leasehold Mortgagee Foreclosure Period. If any Leasehold Mortgagee complies with <br />Section 17.5 above, then the following provisions shall apply: <br />17.6.1. If Lessor’s notice under Section 17.5 specifies only monetary Events of <br />Default as the basis for Lessor’s election to terminate this Lease, and Leasehold Mortgagee has fully <br />paid the monetary amount designated by Lessor in its notice, then such payment shall be deemed to <br />have cured the Event of Default. If Lessor’s notice under Section 17.5 specifies both monetary and <br />non-monetary Events of Default or non-monetary Events of Default as the basis for Lessor’s election <br />to terminate this Lease, and Leasehold Mortgagee has fully paid the monetary amount designated by <br />Lessor in its notice, as applicable, then the date of termination specified in Lessor’s notice shall be <br />extended for a period of twelve (12) months, provided that such Leasehold Mortgagee shall, during <br />such twelve (12) month period: <br />EXHIBIT 15
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