ACCESSION AGREEMENT
Exhibit 10.1
ACCESSION AGREEMENT
THIS ACCESSION AGREEMENT, dated as of December 1, 2011, is entered into by SNH CALI TENANT LLC, a Delaware limited liability company (the Company).
RECITALS:
The Company has entered into a Management Agreement (the Management Agreement) with FVE Managers, Inc., a Maryland corporation (Manager), dated as of December 1, 2011, with respect to the assisted living facility known as Tiffany Court and located at 1866 San Miguel Drive, Walnut Creek, California (Tiffany Court).
Manager and certain affiliates of the Company are parties to that certain Pooling Agreement, dated as of May 12, 2011, by and among the Manager and the parties listed on Schedule A thereto (the Pooling Agreement). Capitalized terms used in this Accession Agreement without definition shall have the meanings given to such terms in the Pooling Agreement.
The Company desires to become a party to the Pooling Agreement with respect to Tiffany Court.
NOW, THEREFORE:
The Company hereby accedes and becomes a party to the Pooling Agreement as an Additional TRS, agrees to be bound by the provisions of the Pooling Agreement with respect to Tiffany Court, and acknowledges that provisions of the Management Agreement will be superseded as provided therein, on and after the date first above written.
IN WITNESS WHEREOF, this Accession Agreement has been duly executed and delivered by the Company with the intention of creating an instrument under seal.
| COMPANY: | |
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| SNH CALI TENANT LLC, | |
| a Delaware limited liability company | |
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| By: | /s/ Richard A. Doyle |
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| Richard A. Doyle |
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| President |
ACCEPTED:
FVE MANAGERS, INC., |
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a Maryland corporation |
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By: | /s/ Bruce J. Mackey Jr. |
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| Bruce J. Mackey Jr. |
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| President |
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Schedule to Exhibit 10.1
There are eight accession agreements to the Pooling Agreement with FVE Managers, Inc., a representative form of which is filed herewith. The other seven accession agreements, with the respective parties and applicable to the respective facilities listed below, and which are dated as of December 15, 2011, are substantially identical in all material respects to the representative form of accession agreement filed herewith.
Entity |
| Community |
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SNH BRFL Tenant LLC |
| 22601 Camino Del Mar Boca Raton, Florida 33433 |
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SNH CCMD Tenant LLC |
| 8100 Connecticut Avenue Chevy Chase, Maryland 20815 |
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SNH PLFL Tenant LLC |
| 8500 West Sunrise Boulevard Plantation, Florida 33322 |
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SNH Teaneck Tenant LLC |
| 655 Pomander Walk Teaneck, New Jersey 07666 |
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SNH SE Tenant TRS, Inc. |
| 1371 South Ocean Boulevard Pompano Beach, Florida 33062 |
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SNH SE Tenant TRS, Inc. |
| 2480 North Park Road Hollywood, Florida 33021 |
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SNH SE Tenant TRS, Inc. |
| 3201 Plumas Street Reno, Nevada 89509 |