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<br />
<br />LEASE AGREEMENT BETWEEN SUNG HUI PASKEWITZ, TRUSTEE OF THE SUNG
<br />HUI PASKEWITZ LIVING TRUST, AND
<br />THE CITY OF SAN LEANDRO
<br />(APN: 077-545-32-1 and 77-545-9)
<br /> This Lease (this “Agreement”) is entered into this ____ day of September, 2016 (the
<br />“Effective Date”), by and between the City of San Leandro, a California charter city (“City”),
<br />and Sung Hui Paskewitz, Trustee of the Sung Hui Paskewitz Living Trust, owner of Pelton
<br />Plaza Shopping Center at 100 Pelton Center Way, San Leandro, California (“Pelton”). City and
<br />Pelton are each referred to herein as a “Party” and collectively referred to as the “Parties.”
<br />
<br />RECITALS
<br />
<br />A. On April 6, 1959, City and The Pelton Estates Company, a California corporation
<br />(“Pelton Estates”) executed a lease (the “1959 Lease”), attached hereto and incorporated
<br />herein by reference as Exhibit A, with respect to Pelton Center Way, an off-street parking
<br />lot in Pelton Plaza Shopping Center that has been held open to the public (the
<br />“Premises”), as further defined below.
<br />B. On or around September 20, 2001, Antonio Orlando Freitas and Sung Hui Paskewitz,
<br />Husband and Wife, acquired a 60% undivided community property interest, as tenants
<br />in common, and Kil Hoon Jung and Sun Hui Kim, Husband and Wife, acquired at
<br />40% undivided community property interest, as tenants in common, of Pelton,
<br />effectively succeeding Pelton Estates as lessor of the Premises under the 1959 Lease. On
<br />May 18, 2006, Sung Hui Paskewitz succeeded to the entire 60% undivided community
<br />property interest of Antonio Orlando Freitas and Sung Hui Paskewitz, Husband and
<br />Wife, in Pelton as a result of the death of Antonio Orlando Freitas, said 60% undivided
<br />interest being held as tenants in common with Kil Hoon Jung and Sun Hui Kim,
<br />Husband and Wife, owners of a 40% undivided community property interest. On or
<br />about August 14, 2007, Sung Hui Paskewitz conveyed her undivided 60% separate
<br />property interest in Pelton to Sung Hui Paskewitz, Trustee of the Sung Hui Paskewitz
<br />Living Trust. On or about July 15, 2009, Sung Hui Paskewitz, Trustee of the Sung
<br />Hui Paskewitz Living Trust, became the sole owner of Pelton by the exchange of
<br />certain parcels of real property between Sung Hui Paskewitz and Kil Hoon Jung and
<br />Sun Hui Kim, Husband and Wife, pursuant to a Memorandum of Understanding and
<br />Intent to Exchange Commercial Property Interests, represented by the exchange of
<br />deeds to the subject properties which were duly executed and recorded in the Office of
<br />the County Recorder of the County of Alameda, State of California. Sung Hui
<br />Paskewitz, Trustee of the Sung Hui Paskewitz Living Trust, is currently the sole owner
<br />of Pelton. Tanya M. Paskewitz is the Property Manager of Pelton and pursuant to a
<br />Durable Power of Attorney is authorized to execute any and all documents pertaining
<br />to Pelton, including this Lease Agreement.
<br />C. The Parties desire to terminate the 1959 Lease and City desires to lease the Premises for
<br />the purposes delineated in Section 5 below.
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