BLP PREDEVELOPMENT LOAN AGREEMENT FOR PLEASANTON ASSISTED LIVING

Section 4.5 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent, request, extension of time, waiver of condition, termination, or other action by the City is required or permitted under this Agreement, such action may be given, made, or taken by the City Manager without further approval by the City Council, and any such action shall be in writing. The amount of the Predevelopment Loan may not be increased without approval of the City Council. Section 4.6 Notices, Demands and Communications. Formal notices, demands, and communications between the City and the Developer shall be sufficiently given if and shall not be deemed given unless dispatched with a delivery receipt by facsimile, overnight delivery, or delivered personally, to the principal office of the City and the Developer as follows: City: City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Attn: City Manager Developer: Pleasanton Assisted Living BLP Partnership, Inc. One Hawthorne Street, 4th Floor San Francisco, CA 94105 Attn: President and Pleasanton Assisted Living BLP Partnership, Inc. d/o Lytton Gardens Senior Communities 137 Webster Street Palo Alto, CA 94301 Attn: President Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as of the date of delivery, the date delivery was refused or the date the item was returned as undeliverable. Section 4.7 Applicable Law. This Agreement will be governed by California law. Section 4.8 Parties Bound. Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors and assigns. 144\105\158870.8 6