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Res19 15814
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Res19 15814
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Last modified
12/19/2019 12:10:56 PM
Creation date
12/19/2019 12:09:14 PM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/16/2019
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agreements, covenants and conditions hereof to prevent termination of this Lease. All payments <br />so made and all things so done and performed by a Lender shall be as effective to prevent a <br />termination of this Lease as the same would have been if made, done and performed by Tenant <br />instead of by a Lender. <br />(d) Should any event of default under this Lease occur, any Lender shall have <br />Sixty (60) days after receipt of written notice from Landlord setting forth the nature of such event <br />of default, within which to remedythe default; provided that in the case of a default which cannot <br />with due diligence be cured within such Sixty (60) day period, the Lender(s) shall have the <br />additional time reasonably necessary to accomplish the cure, provided that (i) such Lender has <br />commenced the curing within such Sixty (60) days and (ii) thereafter diligently prosecutes the <br />cure to completion. If the default is such that possession of the YMCA Site may be reasonably <br />necessary to remedy the default, the Lender(s) shall have a reasonable additional time after the <br />expiration of such sixty-day period, within which to remedy such default, provided that (i) the <br />Lender(s) shall have fully cured any default in the payment of any monetary obligations of Tenant <br />under this Lease within such Sixty (60) day period and shall continue to pay currently such <br />monetary obligations as and when the same are due and (ii) the Lender(s) shall have acquired <br />Tenant's leasehold estate or commenced foreclosure or other appropriate proceedings seeking <br />such acquisition within such period, or prior thereto, and is diligently prosecuting any such <br />proceedings. <br />(e) Any event of default under this Lease which is not susceptible to remedy <br />by a Lender shall be deemed to be remedied if (i) within Sixty (60) days after receiving written <br />notice from Landlord setting forth the nature of such event of default, or prior thereto, a Lender <br />shall have acquired Tenant's leasehold estate created hereby or shall have commenced <br />foreclosure or other appropriate proceedings seeking such acquisition, (ii) a Lender shall <br />diligently prosecute any such proceedings to completion, and (iii) a Lender shall have fully cured <br />any default in the payment and performance of any monetary or other obligations of Tenant <br />hereunder which do not require possession of the YMCA Site within such Sixty (60) day period <br />and shall thereafter continue faithfully to perform all such monetary obligations which do not <br />require possession of the YMCA Site, and (iv) after gaining possession of the YMCA Site, a Lender <br />shall perform all other obligations of Tenant hereunder as and when the same are due. <br />(f) If a Lender is prohibited by any process or injunction issued by any court <br />or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency <br />proceeding involving Tenant from commencing or prosecuting foreclosure or other appropriate <br />proceedings the times specified in subsections (d) and (e) above for commencing or prosecuting <br />such foreclosure or other proceedings shall be extended for the period of such prohibition; <br />provided that Lender shall have fully cured any default in the payment of any monetary <br />obligations of Tenant under this Lease and shall continue to pay currently such monetary <br />obligations as and when the same fall due. <br />(g) Landlord shall mail by certified or registered post, return receipt <br />requested, or personally deliver to any Lender a duplicate copy of any and all notices in writing <br />YMCA Ground Lease -11- <br />82483.00016\32493585.6 <br />
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