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r <br /> • • <br /> MEMORANDUM OF OWNER PARTICIPATION AGREEMENT <br /> oc (94. <br /> Recording Requested by /1y y" �n 2014258958 10/2/2014 02:47 PM <br /> and when Recorded,return to: Q. <br /> �/ice OFFICIAL RECORDS OFI ALAMEDA COUNTY <br /> City of San Leandro /* PATRICK O'CONNELL <br /> 835 East 14�h Street 4+LIFool RECORDING FEE: 0.00 <br /> San Leandro,CA 94577 <br /> Attn: Executive Director b1 <br /> IIII 111 I III II II II II I 0 <br /> EXEMPT FROM RECORDING FEES PER 6 PGS <br /> GOVERNMENT CODE§§6103,27383 <br /> (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) <br /> MEMORANDUM OF OWNER PARTICIPATION AND LOAN AGREEMENT <br /> This Memorandum of Owner Participation and Loan Agreement (this <br /> "Memorandum") dated as of June 18, 2014 is entered into by and between the City of San <br /> Leandro, a public agency ("City"), and JAW1fAD & RE1 JAJ;EH, individuals ("Owner"). <br /> City and Owner are hereinafter collectively referred to as the "Parties." <br /> 1. The Parties have entered into that certain Owner Participation and Loan greement <br /> dated as of the date hereof (the "OPA"), pursuant to which Owner has agreed to undertake <br /> certain improvements to the real property (the "Property") located within the Cit of San <br /> Leandro and more particularly described in Exhibit A attached hereto and incorp•rated <br /> herein by this reference. <br /> 2. Among other conditions, the OPA provides that (i) except as permitted by the OPA, <br /> Owner shall not voluntarily or involuntarily make or attempt any total or partial s-le, transfer, <br /> conveyance, assignment of the whole or any part of the Property or the improve ents <br /> located thereon without the prior written approval of the City, such written appro al shall not <br /> be unreasonably withheld by City; and (ii) any transferee of all or part of the Pro oerty shall <br /> be subject to and shall expressly assume all of the covenants, obligations and r=strictions <br /> of the OPA which pertain to the portion of the Property transferred, including wit out <br /> limitation, the maintenance obligations and use restrictions set forth in the OPA. <br /> 3. The Parties have executed and recorded this instrument to give notice of the OPA <br /> and the Regulatory Agreement, and the respective rights of the Parties thereun•er. Copies <br /> of the unrecorded OPA are available at the offices of the City, 835 East 14th Str=et, San <br /> Leandro, California, and such document is incorporated by reference in its entir:ty in this <br /> Memorandum. In the event of any inconsistency between this Memorandum an. the OPA, <br /> the OPA shall control. <br /> 5. This Memorandum shall be interpreted and enforced in accordance with I alifornia <br /> law without regard to principles of conflict of laws. <br /> 1172395-3 <br /> Commercial Rehabilitation Loan Program <br /> Owner Participation and Loan Agreement <br /> Form: 10-20-09 <br />