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Pooling Agreement with respect to Tiffany Court, and acknowledges that provisions of the Management Agreement will be superseded as provided therein, on and after the date first above written.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