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Housing Consortium of the East Bay Ground Lease 20231030
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Housing Consortium of the East Bay Ground Lease 20231030
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/30/2023
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<br />37 <br />(b) Right to Cure; Lessee's Remedies. If Lessor shall have failed to cure a <br />default by Lessor after expiration of the applicable time for cure of a particular default, Lessee, at <br />its election, but without obligation therefor (i) may seek specific performance of any obligation <br />of Lessor, after which Lessee shall retain, and may exercise and enforce, any and all rights that <br />Lessee may have against Lessor as a result of such default, (ii) from time to time without <br />releasing Lessor in whole or in part from the obligation to be performed by Lessor hereunder, <br />may cure the default at Lessor's cost provided that Lessor has been given thirty (30) days <br />advance written notice of Lessee's election to do so and Lessor has not within such time notified <br />Lessee that Lessor will cure the default, and/or (iii) may terminate this Ground Lease. <br />Section 14.4 Notices. Notices given by Lessor under Section 14.1 or by Lessee under <br />Section 14.3 shall specify the alleged default and the applicable Ground Lease provisions, and <br />shall demand that Lessee or Lessor, as applicable, perform the appropriate provisions of this <br />Ground Lease within the applicable period of time for cure. No such notice shall be deemed a <br />forfeiture or termination of this Ground Lease unless expressly set forth in such notice. <br /> <br />ARTICLE 15. <br />QUIET ENJOYMENT AND POSSESSION; INSPECTIONS <br />Section 15.1 Quiet Enjoyment. Lessor covenants and warrants that Lessee, upon <br />payment of all sums herein provided and upon performance and observance of all its covenants <br />herein contained, shall peaceably and quietly have, hold, occupy, use and enjoy, and shall have <br />the full, exclusive and unrestricted use and enjoyment of, all of the Leased Premises during the <br />Term, subject only to the provisions of this Ground Lease and all applicable Legal Requirements. <br />Section 15.2 Lessor's Right of Inspection. Notwithstanding Section 15.1 above, <br />Lessor, in person or through its agents, upon reasonable prior notice to Lessee, shall have the <br />right, subject to the rights of Residents, to enter upon the Leased Premises for purpose of <br />reasonable inspections performed during reasonable business hours in order to assure compliance <br />by Lessee with its obligations under this Ground Lease. <br /> <br />ARTICLE 16. <br />VACATION OF LEASED PREMISES <br />Section 16.1 Vacation Upon Termination. Lessee covenants that upon any <br />termination of this Ground Lease, whether by lapse of time or because of any of the conditions or <br />provisions contained herein, Lessee will peaceably and quietly yield and surrender possession of <br />the Leased Premises to Lessor. The foregoing, however, will be subject to the rights of <br />Residents or others in possession pursuant to Resident Subleases with Lessee, provided that such <br />Residents are not in default thereunder and attorn to Lessor as their lessor. An action of forcible <br />detainer shall lie if Lessee holds over after a demand for possession is made by Lessor. <br /> <br />DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0
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