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Reso 1998-026 to 030
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Reso 1998-026 to 030
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1998
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which Landlord may suffer by reason of such default. If any portion of the Security Deposit <br />is so used or applied Tenant shall, within five (5) days after written demand therefor, deposit <br />cash with Landlord in an amount sufficient to restore the Security Deposit to its amount <br />immediately preceding such use or application, and Tenant's failure to do so shall constitute <br />an Event of Default under this Lease. Interest shall accrue and be paid under the Security <br />Reserve Note as provided therein. Landlord shall not be required to keep the Security <br />Deposit separate from its general funds, and shall not be deemed a trustee of the Security <br />Deposit. During the period that interest accrues under the Security Reserve Note, any <br />interest or other return on the Security Deposit held (or deemed to be held) by Landlord shall <br />accrue to the benefit of Tenant and shall be credited against payments of interest due from <br />Tenant under the Security Reserve Note as and when such payments are made by Tenant. If <br />Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, <br />the Security Deposit or any balance thereof shall be returned to Tenant on the date ten (10) <br />years following the Amortization Commencement Date. The return of the Security Deposit <br />to Tenant shall be effected by crediting the Security Deposit then held against the repayment <br />of the Security Reserve Note as required under the terms thereof. <br />Section 3.8 Excess Cash Flow Reserve Fund <br />Until such time (the "Release Date") as (i) Tenant has commenced paying Base Rent <br />and (ii) Gross Revenues for each of at least three (3) consecutive calendar months equal or <br />exceed ninety percent (90%) of the revenue projections for the operation of the Facility set <br />forth in that pro forma attached as Exhibit I (the "Project Pro Forma") (with any annual <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 23 <br />2574001\313983.8 <br />
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