ACCESSION AGREEMENT
Exhibit 10.5
THIS ACCESSION AGREEMENT, dated as of November 1, 2012, is entered into by SNH SE TENANT TRS, INC., a Maryland corporation (the “Company”).
RECITALS:
(a) The Company has entered into Management Agreements with FVE Managers, Inc., a Maryland corporation (“Manager”), dated as of November 1, 2012, with respect to each of the following senior living facilities: (i) that certain senior living facility located at 00000 Xxxxx xx Xxxxxxxx, Xxxxxx Xxxxx, Xxxxxxxxxx (“Villa Valencia”); and (ii) that certain senior living facility located at 0000 Xxxx Xxxxxxx Xxxx, Xxxxxxxxx Xxxxxxx, Xxxxxxxx (“Church Creek”) (each, a “Management Agreement”).
(b) Manager, the Company and certain affiliates of the Company are parties to that certain Pooling Agreement No. 2, dated as of October 30, 2012, 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.
(c) The Company desires to become a party to the Pooling Agreement with respect to each of Villa Valencia and Church Creek.
NOW, THEREFORE:
The Company hereby accedes and becomes a party to the Pooling Agreement with respect to each of Villa Valencia and Church Creek as an Additional Facility, agrees to be bound by the provisions of the Pooling Agreement with respect to each of Villa Valencia and Church Creek, and acknowledges that provisions of each Management Agreement will be superseded as provided therein, on and after the date first above written.
[Signature Page Follows]
IN WITNESS WHEREOF, this Accession Agreement has been duly executed and delivered by the Company with the intention of creating an instrument under seal.
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COMPANY: | |
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SNH SE TENANT TRS, INC., | |
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a Maryland corporation | |
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By: |
/s/ Xxxxxxx X. Xxxxx |
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Xxxxxxx X. Xxxxx |
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President |
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ACCEPTED: |
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FVE MANAGERS, INC., |
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a Maryland corporation |
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By: |
/s/ Xxxxx X. Xxxxxx Xx. |
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Xxxxx X. Xxxxxx Xx. |
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President |
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[Signature Page to Accession Agreement]
Schedule to Exhibit 10.5
There are five accession agreements to the Pooling Agreement with FVE Managers, Inc., a representative form of which is filed herewith. The other accession agreements, with the respective parties and applicable to the respective communities listed below, are substantially identical in all material respects to the representative form of accession agreement filed herewith.
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Entity |
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Community |
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Date |
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SNH SE Tenant TRS, Inc. |
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Fieldstone Place, 00 Xxxxx Xxx, Xxxxxxxxxxx, Xxxxxxxxx 00000 Gateway Villas and Gardens, 601 Xxxxx Xxxxxxx Parkway and 000 Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxx 00000 |
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December 19, 2012 |
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Gracemont Assisted Living & Memory Care, 4940 and 0000 Xxx Xx Xxxx Xxxx, Xxxxxxx, Xxxxxxx 00000 |
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August 1, 2013 |
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Xxxxxxx Xxxx, 000 Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000 and 000 Xxxxxxxx Xxxxxxx, Xxxxxx, Xxxxxxx 00000 |
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October 1, 2013 |
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Xxxxxxxx House, 000 Xxxx Xxxx Xxx, Xxxxxxxxx Xxxx, Xxxxxxxxx 00000 |
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October 15, 2013 |
