Agmt 1997 American Golf Corp - Laserfiche WebLink

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schedules, renovation and rehabilitation concepts expressed in the Lessee's Proposal. Lessor has materially relied on such elements of the Proposal in awarding this Lease to Lessee. NOW, THEREFORE, the parties desire to enter into this Lease on the terms and conditions set forth below. LEASED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, for the term and upon the terms and conditions set forth in this Lease, the following ("Leased Premises") 1.1 Real Property. The surface and subsurface of the Land to a depth of the lesser of (i) six (6) feet or (ii) the top or cap of the Landfill (referenced in Section 14.3), together with the Appurtenances. The portion of the Land so leased, together with the Appurtenances, is collectively referred to herein as the "Real Property" or the "Facility". 1.2 Water Rights. All water rights, riparian rights, appropriation rights, water allocations, and water stock including, without limitation, all of Lessor's rights and interests under the Water Documents (as defined in Section 20.16 below). 2. LEASES AND PERSONAL PROPERTY TO BE TRANSFERRED. 2.1 Leased Personal Property. On the Commencement Date (defined in Section 4.1), Lessor will assign and transfer to Lessee all of Lessor's interest in certain equipment, furnishings, machinery, and vehicles leased by the City from third parties ("Third Party Leases") utilized in the operation of the Leased Premise (the "Leased Personal Property"). The Leased Personal Property is described in Exhibit "B". Lessee will assume and pay all rent, assumption charges and other charges due under the Third Party Leases which accrue during the Term hereof (as defined in Section 4.2). Any rent or other changes due under the Third Party Leases attributable to periods prior to the Commencement Date will be paid by Lessor. The parties will make any necessary prorations of such rent and other charges pursuant to Article 12. 2.2 Accluired Personal Pro~ertv. On the Commencement Date, Lessor agrees to sell, transfer, and convey to Lessee that certain personal property consisting generally of maintenance equipment, food and beverage, fi.~ctures, furnishings and equipment ("FF&E"), and golf shop and driving range FF&E, all of which is more LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 2 11f13/9i FINAL J:\WPD\CSL\136\OIWGREE\GOLFCOURVWGREEV.EASE.CLN