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STANDARD INDUSTRIAL/COMMERCIAL MULTI -TENANT LEASE -GROSS
<br />Basic Provisions.
<br />1.1 Parties: This Lease ("Lease"), dated for reference purposes only, as of the 7th day of May, 1997, is made by and
<br />between APT IND/APTS REALTY, INC., a Delaware corporation ("Landlord"), and City of San Leandro 1"Tenant"), (collectively the
<br />"Parties" or individually a "Party").
<br />1.2 Premises: That certain real property, including all improvements therein or provided by Landlord under the terms
<br />of this Lease, containing approximately 19,285 square feet of area, and commonly known by the street address of 2952 A-D
<br />Alvarado Street, in the City of San Leandro, County of Alameda, State of California, and generally described as Alvarado Business
<br />Center (the "Premises"), including rights to the "Common Areas.", as hereinafter specified, but not including any rights to the roof
<br />of the Premises or to any building in the Project. The Premises is a portion of a building (the "Building"). The Premises, the Building,
<br />the Common Areas and the land upon which the same are located are a part of a larger industrial park, which, inclusive of the other
<br />buildings therein and the land underlying the same, is referred to herein as the "Proiect". Attached hereto as Exhibit A and
<br />incorporated herein by this reference is an approximate depiction of the Premises within the Project. (See Paragraph 2 for further
<br />provisions.)
<br />1.3 Term: Twenty-one (21) months (the "Term") commencing August 1, 1997 (the "Commencement Date"). (See
<br />Paragraph 3 for further provisions).
<br />1.4 Base Rent: $1 1 ,185.64 por month ("Base Rent"), payable in advance on the first (1 st) day of each month
<br />commencing August 1, 1997. (See Paragraph 4 for further provisions.)
<br />1.5 Base Rent Paid Upon Execution: $11,185.64 as Base Rent for the period August 1, 1997 through
<br />August 31, 1997.
<br />1.6 Security Deposit: $1 1 ,1 B5.00 ("Security Deposit"). (See Paragraph 5 for further provisions.)
<br />1.7 Permitted Use: Library and related uses, but only to extent permitted by the City of San Leandro and any and all
<br />entities having jurisdiction and for no other use or purpose.
<br />1.8 Tenant's Share: 3%. (See Paragraph 1 4 for further provisions.)
<br />1.9 Base Year: 1997. (See Paragraph 4.2 for further provisions.)
<br />1.10 Real Estate Brokers: Mike Corbitt and Jeff Badstubner - BT Commercial (See Paragraph 14 for further provisions.)
<br />1.11 Guarantor: N/A ("Guarantor"). (See Paragraph 35 for further provisions.)
<br />Promises.
<br />2.1 Letting. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, for the Term,
<br />at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. Unless otherwise provided herein, any
<br />statement of square footage and Tenant's Share set forth in this Lease, or that may have been used in calculating rental, is an
<br />approximation which Landlord and Tenant agree is reasonable end the rental based thereon is not subject to revision whether or not
<br />the actual square footage is more or less.
<br />2.2 Condition of Premises; Acceptance of Premises. Tenant hereby acknowledges: (a) that it is familiar with and has
<br />had the opportunity to investigate the condition of the Premises (including but not limited to the mechanical, electrical and fire
<br />sprinkler systems, security, environmental aspects, compliance with "Applicable Law", as defined in Paragraph 6.3), the present
<br />and future suitability of the Premises for Tenant's intended use and compliance of the Premises with all applicable covenants,
<br />conditions or restrictions of record and applicable building codes, regulations and ordinances, (b) that Tenant has made such
<br />investigation as it deems necessary with reference to such matters and assumes all responsibility therefor, and without in any
<br />manner derogating from Tenant's obligations set forth herein including, without limitation, those relating to maintenance and repair,
<br />Tenant accepts the Premises, including all fixtures, furnishings and equipment, in its present condition, state of repair and operating
<br />order and in its present "AS IS" condition, with all mechanical systems in good working condition, and (c) that neither Landlord, nor
<br />any of Landlord's agents, has made any oral or written representations or warranties with respect to said matters. Correction of
<br />any non-compliance with respect to any of said matters shall be the obligation of Tenant at Tenant's sole cost and expense. Tenant
<br />agrees that at anytime before or during the term of this Lease, Landlord shall have the right to relocate Tenant from the Premises
<br />described herein to other space within the project on substantially the same terms and conditions of this Lease provided the other
<br />space is of comparable size, provided Landlord shall pay all reasonable relocation costs incurred by Tenant.
<br />2.3 Vehicle Parking. Tenant may use a proportionate share of undesignated vehicle parking spaces, unreserved and
<br />unassigned, on those portions of the Common Areas designated by Landlord for such parking. Tenant shall not use more parking
<br />spaces than such number. Such parking spaces shall be used only for parking by vehicles no larger than full sized passenger
<br />automobiles or pick-up trucks. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's
<br />employees, suppliers, shippers, customers or invitees to be loaded, unloaded or parked In areas other than those designated by
<br />Landlord for such activities. If Tenant permits or allows any of the prohibited activities described herein, then Landlord shall [rave
<br />the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved
<br />and charge the cost to Tenant, which cost shall be immediately payable as additional rent upon demand by Landlord.
<br />2.4 Common Areas. The term "Common Areas" is defined as all areas and facilities outside the Premises and within
<br />the exterior boundary line of the Project that are provided and designated by Landlord from time to time for the general non-exclusive
<br />use of Landlord, Tenant and of other occupants of the Project and their respective employees, suppliers, shippers, customers and
<br />invitees, which may include, without limitation, parking areas, loading and unloading areas, trash areas, roadways, sidewalks,
<br />walkways, parkways, driveways and landscaped areas. Landlord hereby grants to Tenant, for the benefit of Tenant and its
<br />employees, suppliers, shippers, customers and invitees, during the Term of this Lease, the non-exclusive right to use, in common
<br />with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers and privileges
<br />reserved by Landlord under the terms of this Lease or under the terms of any rules or regulations or restrictions governing the use
<br />of the Project. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to
<br />store any property, temporarily or permanently, in the Common Areas. In the event that any such storage shall occur, then Landlord
<br />shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and
<br />charge the cost thereof to Tenant, which cost shall be immediately payable ad additional rent upon demand by Landlord. Landlord
<br />or such other person(s) as Landlord may appoint, shall have the exclusive control and management of the Common Areas and shall
<br />have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect to the
<br />Common Areas. Tenant agrees to abide by and conform to all such rules and regulations, and to cause its employees, suppliers,
<br />shippers, customers and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with
<br />such rules or regulations by other tenants and users of the Project. Landlord shall have the right, in its sole and absolute discretion,
<br />from time to time (a) to make chnngns to the Common Arens, including, without limitation, changes in the location, size, shape and
<br />MnSCCYSt CR. Sal: page '1 Was/ff,
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