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File Number: 18-645 <br />attorneys’ fees, but on January 12, 2018, the Court of Appeal upheld the trial court’s award of <br />attorneys’ fees and awarded Petitioner attorneys’ fees for the appeal action. <br />Halus agreed to pay all costs incurred by the City in defending approval of the Project and related <br />litigation. The City paid $186,382.25 for appeal fees and $232,425.65 in trial court fees, and <br />Halus owes the City an additional $36,299.46 in other outstanding fees (collectively, “Litigation <br />Costs”). <br />The City paid the Litigation Costs, and Borrower has agreed to repay to the City an amount equal <br />to the Litigation Costs, totaling Four Hundred Fifty Five Thousand One Hundred Seven Dollars <br />and Thirty Sixty Cents ($455,107.36.) (the “Loan”) pursuant to the terms and conditions of a loan <br />agreement. The Loan would be evidenced by a promissory note, and secured by a Deed of Trust <br />on 2539 Grant Avenue. The terms of the loan are 2% simple interest per annum, repayment would <br />commence July 1, 2019, and would be for a 10 year term. If the property is sold, assigned, or <br />otherwise transferred as defined by the agreement, then the loan payments would accelerate to <br />pay off the loan. Immediately after execution, the deed of trust will be recorded. <br />PREPARED BY: Richard D. Pio Roda, City Attorney <br />Page 2 City of San Leandro Printed on 12/11/2018