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CITY OF SAN LEANDRO SUBLEASE WITH WHITE CAP CONSTRUCTION SUPPLY <br />FOR THE BEECHER STREET OVERPASS LEASE AREA <br />Airspace Ground Sublease covering premises known as 04- ALA - 112 -01, 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 is made and entered into , 2011 by and between <br />the CITY OF SAN LEANDRO, hereinafter referred to as ( "Lessor "), and WHITE CAP <br />CONSTRUCTION SUPPLY, hereinafter referred to as ( " Lessee "), together referred to as <br />( "Parties "). <br />RECITALS: <br />A. The provisions of Exhibit B, Exhibit C and Exhibit E are hereby incorporated herein <br />by this reference. <br />B. The Parties agree to adhere to the provisions of the original lease dated October 1, <br />1983 (the "Original Lease ") made between the City of San Leandro and the California <br />Department of Transportation (Caltrans). The provisions of this original lease are hereby <br />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 ") situated 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 an option to renew for an additional five (5) years, commencing on <br />