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8L Consent 2014 0616
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8L Consent 2014 0616
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6/30/2014 10:03:40 AM
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6/11/2014 10:53:34 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-063
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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4 <br />City of San Leandro, in care of the Finance Director, Finance Departmentat 835 E. <br />14th Street, San Leandro,California,94577, or such other place as Landlord may <br />designate in writing. Tenant may pre-pay Base Rent to Landlord at the beginning of <br />each year of the Term, or the full amount of the annual Base Rent at any time during <br />the Term without penalty. <br />A. Late Charge: A late charge equivalent to six percent (6%) of any <br />Rent, or any portion of Rent, or any portion thereof due and unpaid for more than <br />fifteen (15) days, shall be paid by Tenant for each month that such Rent remains <br />due and unpaid, plus any attorneys’ fees incurred by Landlordby reason of Tenant’s <br />failure to pay such Rent. Landlord and Tenant have agreed upon the late payment <br />charge, after negotiation, as a reasonable estimate of the additional administrative <br />costs and detriment the Landlord will incur as a result of any suchfailure by Tenant, <br />the actual costs thereof being extremely difficult if not impossible to determine. The <br />late payment charge constitutes liquidated damages to compensate Landlord for its <br />damages resulting from such failure to pay and shall be paid to Landlord together <br />with such unpaid amount. <br />B. Default Interest: Any Rent, if not paid within five (5) days following <br />the due date, shall bear interest from the due date until paid at the rate of ten <br />percent (10%) per year or, if a higher rate is legally permissible, at the highest rate <br />an individual is permitted to charge under law (the “Interest Rate”). However, <br />interest shall not be payable on late charges incurred by Tenant nor on any amount <br />on which late charges are paid by Tenant to the extent this interest would cause the <br />total interest to be in excess of thatwhich an individual is lawfully permitted to <br />charge. Payment of interest shall not excuse or cure any default by Tenant <br />C. HOLDING OVER: Any holding over after the expiration of the Term <br />with the express consent of Landlord shall be construed to automatically extend the <br />Term of this Lease on a month-to-month basis at a Base Rent equal to One <br />Hundred & Fiftypercent (150%) of the latest Base Rent payable by Tenant <br />hereunder prior to such expiration. Any holding over without Landlord’s consent <br />shall constitute a default by Tenant and entitle Landlord to exercise any or all of its <br />remedies as provided herein, notwithstanding that Landlord may elect to accept one <br />or more payments of Rent,and whether or not such amounts are at the holdover <br />rate specified above or the rate in effect at the end of the Term of the Lease, without <br />waiving Landlord’s right to seek immediate possession of the Premises. <br />5.USE OF PREMISES <br />A.Permitted Use: Tenant shalluse the Premises for public school <br />district administration purposes only. Absolutely no instructionor trainingofany <br />kind, whether forpupils, teachers, invitees, or administrators,shall occur within, <br />around, or upon the Premises. Changes in the types of use shall be made only <br />upon the express written consent of Landlord.
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