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DocuSign Envelope ID: 69563A2E-D56B-4EC2-A2AC-05A1BDOA1006 <br />Funds will be paid in one installment to cover the delinquent rent, or portion of rent, as <br />described herein. <br />b. Commercial Landlord represents and warrants that the information presented to City is true <br />and accurate as of the date given and remains true and accurate as of the date of this <br />Agreement. Commercial Landlord understand that the City has relied upon such information <br />and representations to determine Commercial Landlord and Small Business Tenant's <br />eligibility to be awarded the City's grant. <br />c. The Commercial Landlord warrants that the balance of unpaid rent owed by the Small <br />Business Tenant has been decreased by at least the same amount as the Grant Funds <br />("Waived Unpaid Rent"). The Commercial Landlord further warrants and agrees that Small <br />Business Tenant owes the Commercial Landlord no rent, late fees, interest or other <br />payments of any kind whatsoever except as shown in Exhibit A. <br />d. City's acceptance of the Commercial Landlord and the Small Business Tenant as participants <br />is based on the information contained in the Small Business Tenant's application and in <br />Exhibit A. If City determines that the information in the application or the Exhibit provided <br />by the Commercial Landlord is materially inaccurate or if the Commercial Landlord attempts <br />to recover the any rent or payments not included in Exhibit A from the Small Business <br />Tenant at any time, City reserves the right to terminate this Agreement pursuant to Section <br />10 and the Commercial Landlord shall repay the Grant Funds to the City. The Commercial <br />Landlord shall notify City as soon as possible if the Commercial Landlord cannot comply with <br />the terms and conditions of the program. <br />Commercial Landlord agrees that use of Grant Funds for any purpose other than as set forth <br />herein, and/or any incompliance with this terms of this Agreement will result in forfeiture of <br />Grant Funds and potential ineligibility for future funding. Commercial Landlord warrants <br />that no other financial assistance has or will be received for the same costs covered by <br />Grant Funds. If Commercial Landlord receives duplicative financial assistance for the same <br />costs covered by the Grant Funds, the Grant Funds shall be repaid to the City. <br />2. Permanent Waiver of Unpaid Rent. The Commercial Landlord agrees to accept the Grant Funds as <br />partial or complete payment of the rent owned by the Small Business Owner. The Commercial <br />Landlord further warrants and agrees that Small Business Tenant owes the Commercial Landlord no <br />rent, late fees, interest or other payments of any kind whatsoever except as shown in Exhibit A. The <br />Commercial Landlord will not attempt to recover any payments from the Small Business Tenant <br />except those listed in Exhibit A at any point or in any proceeding, except for rent accruing after the <br />effective date. <br />3. Commercial Landlord Obligations. Commercial Landlord represents, warrants, acknowledges and <br />agrees to the following: <br />a. The Property must be a commercial rental property located within the incorporated city <br />limits of San Leandro, California. <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 />San Leandro Small Business Recovery Grant Program Agreement <br />Page 2 of 6 <br />