|
ASSIGNMENT OF AGREEMENTS, PLANS AND SPECIFICATIONS
<br />FOR VALUE RECEIVED, effective as of June 25, 2009 (the "Effective
<br />Date"), Alameda Housing Associates, L.P., a California limited partnership ("Assignor")
<br />hereby assigns to the Redevelopment Agency of the City of San Leandro, a public
<br />body, corporate and politic ("Agency") and grants to Agency a security interest in all of
<br />its right, title and interest in and to the contracts and agreements listed in Exhibit A
<br />attached hereto and incorporated herein by reference and all of the items listed in the
<br />following paragraphs (A) and (B) (all of which hereafter shall collectively be referred to
<br />as the "Assigned Documents"). Other than as expressly stated herein, Assignor
<br />makes no express or implied representations or warranties in connection with the
<br />Assigned Documents. Capitalized terms used without definition herein shall have the
<br />meaning ascribed to such terms in the Loan Agreement (defined below).
<br />(A) All architectural, design, engineering, consulting and construction
<br />contracts, and any and all amendments, modifications, supplements,
<br />addenda and general conditions thereto equaling or exceeding Five
<br />Thousand Dollars ($5000) in cost (collectively "Agreements"), heretofore
<br />or hereafter entered into by Assignor and any architect, engineer, analyst,
<br />consultant, contractor or other person or entity ("Contractor") in
<br />connection with the preparation of plans, specifications, studies,
<br />assessments, analyses, drawings or any other similar service related to
<br />the Property, the Project, or the improvements existing or to be installed or
<br />constructed on the Property (the "Improvements"); and
<br />(B) All permits, reports, analyses, studies, plans and specifications, shop
<br />drawings, working drawings, amendments, modifications, changes,
<br />supplements, general conditions and addenda thereto equaling or
<br />exceeding Five Thousand Dollars ($5000) in cost (collectively "Reports,
<br />Plans and Specifications") heretofore or hereafter obtained or prepared
<br />by or for Assignor or its agents, employees or any Contractor with respect
<br />to the Property, the Project or the Improvements.
<br />As used herein, the term "Assigned Documents" shall also include all Agreements,
<br />Reports, Plans and Specifications to which beneficial interest or rights of use have been
<br />obtained by or assigned to Assignor.
<br />In addition, the parties hereto agree as follows:
<br />1. This Assignment of Agreements, Plans, and Specifications (this
<br />"Assignment Agreement") is made pursuant to that certain Owner Participation and
<br />Loan Agreement executed by and between Assignor and Agency dated as of April 6,
<br />2009 (the "Loan Agreement").
<br />12 ] 0895-5
<br />
|