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Item HA 03 - Subordination Agreement and Lease Rider for FX Residences
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Item HA 03 - Subordination Agreement and Lease Rider for FX Residences
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6/10/2026 10:15:33 AM
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6/10/2026 10:15:00 AM
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City Clerk
Agency
Community Development
Item #
HA 03
Date
6/16/2026
Destruction Year
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EXHIBIT 3 <br /> 19. Attorney Fees, Costs. In any action to enforce or relating to any provision of this <br /> Agreement, the prevailing party shall be entitled to recover from the other party, its costs <br /> and expenses. The term "costs and expenses" as used herein shall include all costs and <br /> expenses actually and reasonably incurred, including by not limited to attorney's fees; filing, <br /> motion, and jury fees; juror food and lodging; taping, videotaping, and transcribing <br /> depositions and travel expenses to attend depositions; service of process by a public officer, <br /> registered process server, or other means; expenses of attachment including keeper's fees; <br /> premiums on surety bonds; ordinary witness fees pursuant to section 68093 of the California <br /> Government Code; fees of expert witnesses whether or not ordered by the court; transcripts <br /> of court proceedings whether or not ordered by the court; court reporters fees as established <br /> by statute; investigation expenses in preparing the case for trial; postage, telephone, and <br /> photocopying charges; costs in investigation of jurors or in preparation for voir dire; models, <br /> blowups and photocopies of exhibits, and any other item that is required to be awarded to <br /> the prevailing party pursuant to statute as an incident to prevailing in the action at trial or on <br /> appeal. Such costs and expenses shall be recoverable whether the services were rendered <br /> by a salaried employee of the party or by an independent contractor. <br /> 20. Acknowledgment. Landlord and Lessee acknowledge that the Department is relying <br /> on the foregoing representations,warranties, covenants and agreements of the undersigned <br /> in making the Loan to Lessee, and warrants and affirms to and for the benefit of the <br /> Department that each of those representations is true, correct and complete as of this date. <br /> [Signatures follow on page 13 of this Lease Rider. The remainder of this page is <br /> blank.] <br /> NPLH Lease Rider Page 12 of 17 <br /> Rev:7/16/2024 <br /> Prep: 6/1/2026 <br /> Dev: Francis Xavier Residence <br /> Assessor's Identification Number:398-303-04,398-303-05,398-303-06 and 398-303-07 <br /> Loan No.: 18-NPLH-12673 <br />
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