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<br />Park and Recreation Lease <br />THIS LEASE, made and entered into this___ day ____________, by and between EAST <br />BAY MUNICIPAL UTILITY DISTRICT, a public corporation of the State of California, <br />hereinafter called "Lessor" and THE CITY OF SAN LEANDRO, a Municipal Corporation, <br />hereinafter called "Lessee", <br />WITNESSETH <br />WHEREAS, Lessor entered into a License Agreement (“License”) with Lessee on June 1, 1950 <br />to allow the Lessee to utilize the Premises as a public park; and <br />WHEREAS, the License was renewed eleven times to extend the term for Premises; and <br />WHEREAS, Lessor entered into a Lease Agreement (“First Lease”) with Lessee for the Premises <br />on August 1, 2007 that expired on June 30, 2011; and <br />WHEREAS, Lessor entered into a Lease Agreement (“Second Lease”) with Lessee for the <br />Premises on July 19, 2011 that expired on June 30, 2016; and <br />WHEREAS, Lessor terminated the Second Lease to commence a construction project to retrofit <br />Chabot Dam; and <br />WHEREAS, the License, the First Lease and Second Lease have terminated and are now <br />replaced by the terms, conditions, covenants, and promises set forth herein. <br />NOW THEREFORE, in consideration of faithful performance of the terms, conditions, <br />covenants, and promises, the Parties hereinafter agree to: <br /> <br />1. PREMISES <br />Lessor is the owner of the real property located at Lake Chabot Filter Plant, 1698 Estudillo Ave, <br />San Leandro, CA 94577 (APN: 48-5813-6), containing approximately 26 acres of land, <br />hereinafter referred to as the “Property”. Lessor hereby leases to Lessee that certain portion of <br />the Property consisting of approximately 9.2 acres of ground space as depicted on Exhibits “A” <br />and “B”, attached hereto and made a part hereof, and identified herein as “Premises”. <br />2. TERM <br />Lessee shall have and hold the described Premises for the Term of twenty (20) years (the <br />“Term”), commencing on January 1, 2018, (“Commencement Date”), subject to renewal and <br />termination rights as may be hereinafter set forth. <br />3. CONSIDERATION <br />535