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City of San Leandro
<br />Airspace Ground Sublease covering premises known as 04-ALA-112-O1, Beecher Street
<br />Overpass Lease Area, located under Davis Street at Beecher Street, in the City of San Leandro,
<br />County of Alameda, State of California, hereinafter referred to as the ("Leased Premises").
<br />THIS SUBLEASE, made and entered into this 5th day of February, 2008, by and between
<br />the CITY OF SAN LEANDRO, hereinafter referred to as ("Lessor"), and TransBox Systems,
<br />hereinafter referred to as ("Lessee"), together referred to as ("Parties").
<br />RECITALS:
<br />A. The provisions of Exhibit B and Exhibit C are hereby incorporated herein by this
<br />reference.
<br />B. The Parties agree to adhere to the provisions of the original lease made between the
<br />City of San Leandro and the Department of Transportation (Caltrans). The provisions of this
<br />original lease are hereby incorporated herein by this reference as Exhibit D.
<br />NOW, THEREFORE, it is mutually agreed by the Parties as follows:
<br />1. Leased Premises. That the Lessor, for and in consideration of the covenants,
<br />conditions, agreements, and stipulations of the Lease expressed, does hereby lease unto the said
<br />Lessee of those certain premises, hereinafter referred to as ("Leased Premises") situate in the
<br />City of San Leandro, County of Alameda, State of California, said demised area being shown on
<br />the map or plat attached hereto, marked "Exhibit A", and by this reference made a part hereof,
<br />and more particularly described as follows:
<br />EXCEPTING THEREFROM: All those portions of the above-described Leased
<br />Premises occupied by the supports and foundations of the overpass.
<br />ALSO EXCEPTING THEREFROM: All that portion of said Leased Premises above a
<br />horizontal plane three (3) feet below the underside or soffit, whichever is lower, of the viaduct
<br />which plane extends to the vertical boundaries of the above-described Leased Premises.
<br />2. Lease Term. The Leased Premises, together with the appurtenances, fixtures,
<br />rights, privileges, and easements thereunto belonging or appertaining unto the Lessee for the
<br />term of five (5) years, with a mutual option to renew for an additional five (5) years,
<br />commencing on the 5th day of February, 2008, and ending on the 5th day of February, 2013, at a
<br />total rental of Thirty Six Thousand Dollars ($36,000.00), payable in monthly installments of Six
<br />Hundred Dollars 0600) in advarice in cash to the Lessor at the Finance Office, City of San
<br />Leandro, 835 E. 14th Street, San Leandro, CA 94577, (510) 577-3381, starting on the Sth day of
<br />February, 2008, and on or before the 1St day of each month thereafter. Receipt is hereby
<br />acknowledged by Lessor of the sum of Twelve Hundred Dollars ($1,200.00) from the Lessee in
<br />payment for the first and last months' rental under this Lease. In the event Lessee and Lessor opt
<br />to extend the Lease for an additional five (5) years, the monthly rental fee shall be adjusted based
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