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San Leandro Small Business Recovery Grant Program Agreement Page 3 of 6 a.The Property must be a commercial rental property located within the incorporated city limits of San Leandro, California. b.Small Business Tenant’s name or Small Business Tenant’s business name must appear as primary, master tenant (not as a sub-lessee or similar arrangement) on a bona fide written lease for the Property. c.Commercial Landlord’s name must appear on such lease as primary, master landlord (not as sub-lessor or other similar arrangement). d.Commercial Landlord and Small Business Tenant shall be independent parties and legal entities. Commercial Landlord has no financial or legal relationship of any kind with the Small Business Tenant except that of landlord and tenant. e.Commercial Landlord shall use Grant Funds solely to pay Small Business Tenant’s unpaid rent for the Property, deferred between March 31, 2020 to present. f.By signing this Agreement, Commercial Landlord declares that the Small Business Tenant has a current lease, or Commercial Landlord will establish or renew a lease, with a term expiring no earlier than one year from the Effective Date. g.Commercial Landlord shall not evict, attempt to evict, displace, or take any other action against the Small Business Tenant as long as Small Business Tenant is complying with the terms of the repayment plan contained in Exhibit A, as applicable, and Small Business Tenant’s current lease agreement. Commercial Landlord shall not charge or assess any late fees or interest on any rent that is subject to the repayment plan in Exhibit A, and Commercial Landlord shall not consider any payment made within ten (10) days of the date listed in Exhibit A to be late. 4.Recordkeeping. Commercial Landlord agree to keep records sufficient to demonstrate that the Grant Funds have been used in accordance with this Agreement and, upon request, to provide timely responses to City for information about Grant Fund use and allow inspection of records related to Grant Fund use. 5.Responsibility for Taxes. Commercial Landlord acknowledges and agrees that any and all federal, state, and/or local taxes resulting from its receipt of the Grant Funds is the Commercial Landlord’s responsibility and shall not be paid by the City. 6.Indemnity. Commercial Landlord hereby agree to defend, indemnify, and hold harmless City, its elected officials, officers, directors, employees, and designated volunteers from and against any and all claims, lawsuits, losses, liabilities, damages, including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, and designated volunteers. The provisions of this section shall survive the expiration of the terms of this Agreement. DocuSign Envelope ID: D9751993-84C9-45AB-88E3-C3ECEBFCEB9C