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MARINA HOTEL LEASE <br />This lease shall be by and between the CITY OF SAN LEANDRO, a municipal <br />corporation, hereinafter called "City" or "Lessor", and JBNB3onV L.L.C., a limited <br />liability vaqmuccum hereinafter called "Lessee". LODGING ieli <br />company9N1 <br />1. DESCRIPTION OF PREMISES <br />For and in consideration of the faithful performance by Lessee of the agreements, <br />covenants, terms and conditions hereof and of the payments herein provided to be <br />made by Lessee, City does hereby lease and demise unto Lessee, and Lessee does <br />hereby lease, hire and take from City, that certain property at the San Leandro <br />Marina, (the "Site" or the "demised premises") as described and shown on that plat <br />hereto attached, marked "Exhibit A", and more particularly described as follows: <br />2. DEFINITION OF TERMS <br />"Anniversary date" means July 1 of each year of the term of this lease. <br />"BCDC approval" means the issuance of a serialized Permit, or Permit Amendment, <br />by the San Francisco Bay Conservation and Development Commission, which Permit <br />or Permit Amendment approves this project in accordance with this Lease. The "date <br />of BCDC approval" means the date of said Permit or Permit Amendment. <br />"Council" means the City Council of the City of San Leandro. <br />"Lease Year" means each successive period of twelve (12) calendar months during the <br />term of this Lease, commencing on the date of the award of this lease. <br />"Lending Agency" means any state or national banking corporation or association or <br />insurance company licensed to do business within the State of California or any state, <br />or federal savings and loan association licensed to do business in the State of <br />California or any other person or entity who loans money to Lessee for the <br />construction of the project in the customary course of business. <br />"Marina" means the land area west of Neptune Drive, south of Marina Boulevard, and <br />north of Fairway Drive in the City of San Leandro. <br />"State" means the State of California, Department of Boating and Waterways. <br />"Transient Accommodations" means accommodations not creating a tenant/landlord <br />