|
DocuSign Envelope ID: 7C1B5D5D-A106-4699-B7CD-65584C9D10F5
<br />b. Small Business Tenant's name or Small Business Tenant's business name must appear as
<br />primary, master tenant (not as a sub -lessee or similar arrangement) on a bona fide written
<br />lease for the Property.
<br />c. Commercial Landlord's name must appear on such lease as primary, master landlord (not as
<br />sub -lessor or other similar arrangement).
<br />d. Commercial Landlord and Small Business Tenant shall be independent parties and legal
<br />entities. Commercial Landlord has no financial or legal relationship of any kind with the
<br />Small Business Tenant except that of landlord and tenant.
<br />e. Commercial Landlord shall use Grant Funds solely to pay Small Business Tenant's unpaid
<br />rent for the Property, deferred between March 31, 2020 to present.
<br />f. By signing this Agreement, Commercial Landlord declares that the Small Business Tenant
<br />has a current lease, or Commercial Landlord will establish or renew a lease, with a term
<br />expiring no earlier than one year from the Effective Date.
<br />g. Commercial Landlord shall not evict, attempt to evict, displace, or take any other action
<br />against the Small Business Tenant as long as Small Business Tenant is complying with the
<br />terms of the repayment plan contained in Exhibit A, as applicable, and Small Business
<br />Tenant's current lease agreement. Commercial Landlord shall not charge or assess any late
<br />fees or interest on any rent that is subject to the repayment plan in Exhibit A, and
<br />Commercial Landlord shall not consider any payment made within ten (10) days of the date
<br />listed in Exhibit A to be late.
<br />4. Recordkeeping. Commercial Landlord agree to keep records sufficient to demonstrate that the
<br />Grant Funds have been used in accordance with this Agreement and, upon request, to provide
<br />timely responses to City for information about Grant Fund use and allow inspection of records
<br />related to Grant Fund use.
<br />5. Responsibility for Taxes. Commercial Landlord acknowledges and agrees that any and all federal,
<br />state, and/or local taxes resulting from its receipt of the Grant Funds is the Commercial Landlord's
<br />responsibility and shall not be paid by the City.
<br />6. Indemnity. Commercial Landlord hereby agree to defend, indemnify, and hold harmless City, its
<br />elected officials, officers, directors, employees, and designated volunteers from and against any and
<br />all claims, lawsuits, losses, liabilities, damages, including but not limited to reasonable attorney,
<br />consultant and expert fees, and court costs arising out of or in connection with this Agreement,
<br />except for the gross negligence and willful misconduct of City, its elected officials, officers, directors,
<br />employees, and designated volunteers. The provisions of this section shall survive the expiration of
<br />the terms of this Agreement.
<br />7. Nondiscrimination and Equal Opportunity. During the performance of this Agreement, Commercial
<br />Landlord shall not discriminate, on the basis of a person's race, sex, gender, religion (including
<br />religious dress and grooming practices), national origin, ancestry, physical or mental disability,
<br />medical condition (including cancer and genetic characteristics), marital status, age, sexual
<br />orientation, color, creed, pregnancy, genetic information, gender identity or expression, political
<br />San Leandro Small Business Recovery Grant Program Agreement
<br />Page 3 of 6
<br />
|