ACCESSION AGREEMENT

EX-10.1 2 a11-32042_1ex10d1.htm EX-10.1

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Pooling Agreement with respect to Tiffany Court, and acknowledges that provisions of the Management Agreement will be superseded as provided therein, on and after the date first above written.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:

 

 

 

SNH CALI TENANT LLC,

 

a Delaware limited liability company

 

 

 

 

 

By:

/s/ Richard A. Doyle

 

 

 Richard A. Doyle

 

 

 President

 



 

ACCEPTED:

 

FVE MANAGERS, INC.,

 

a Maryland corporation

 

 

 

 

 

By:

/s/ Bruce J. Mackey Jr.

 

 

 Bruce J. Mackey Jr.

 

 

 President

 

 



 

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

 

 

 

SNH BRFL Tenant LLC

 

22601 Camino Del Mar Boca Raton, Florida 33433

 

 

 

SNH CCMD Tenant LLC

 

8100 Connecticut Avenue Chevy Chase, Maryland 20815

 

 

 

SNH PLFL Tenant LLC

 

8500 West Sunrise Boulevard Plantation, Florida 33322

 

 

 

SNH Teaneck Tenant LLC

 

655 Pomander Walk Teaneck, New Jersey 07666

 

 

 

SNH SE Tenant TRS, Inc.

 

1371 South Ocean Boulevard Pompano Beach, Florida 33062

 

 

 

SNH SE Tenant TRS, Inc.

 

2480 North Park Road Hollywood, Florida 33021

 

 

 

SNH SE Tenant TRS, Inc.

 

3201 Plumas Street Reno, Nevada 89509