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5G Consent
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3/21/2024 5:56:02 PM
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12/26/2023 3:00:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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<br />6 <br />(a) Extension Terms. The Term of this Ground Lease shall automatically be <br />extended for a one year period (“Extension Term”) at the end of the Initial Term and each <br />Extension Term, provided that, at the time of the commencement of an Extension Term, Lessee <br />is not in breach of its material obligations under this Ground Lease beyond any applicable notice <br />and cure periods provided in this Ground Lease, and neither Party has timely provided written <br />notice to the other Party of the termination of this Ground Lease. The Initial Term and Extension <br />Terms are collectively referred to herein as the “Term.” In no event shall the Term exceed a <br />total of ten (10) years after the date that the City issues a final Certificate of Occupancy for the <br />construction and rehabilitation of the Improvements. <br />(b) Termination. Either Party may provide written notice to the other Party <br />of the termination of this Ground Lease six (6) months or more prior to the end of the current <br />Term, with or without cause, and such termination shall then become effective as of the last day <br />of the current Term. <br />Section 2.3 Use. Subject to the provisions hereof, Lessee shall use the Leased <br />Premises for the construction, rehabilitation and operation of the Project, which includes the <br />construction, rehabilitation and operation of the Improvements on the Leased Premises in <br />accordance with the restrictions and requirements set forth in Article 2 hereof. Further, Lessee <br />agrees: <br />(a) that all uses conducted on the Leased Premises, including, without <br />limitation, all activities undertaken by Lessee pursuant to this Ground Lease, shall conform to all <br />applicable provisions of the San Leandro Municipal Code and the Project Homekey Agreement; <br />(b) not to use or permit the use of the Leased Premises for any disorderly or <br />unlawful purpose; <br />(c) subject to the laws of the State of California and the rights of Residents, to <br />permit Lessor and its agents to inspect the Leased Premises or any part thereof at any reasonable <br />time during the Term. <br />Section 2.4 Possession. Lessor agrees to and shall provide possession of the Leased <br />Premises to Lessee free and clear of all rights to possession or use by any tenants or other <br />individuals or entities other than Lessee (except as disclosed to Lessee or apparent from Lessee's <br />inspection), and free and clear of any encumbrances except as expressly approved by Lessee in <br />writing. <br />Section 2.5 As-Is Condition. Lessor shall deliver possession of the Property to <br />Lessee on the Commencement Date, in its As-Is Condition, and Lessee hereby accepts the <br />Property in its As-Is Condition. Neither the Lessor, nor any officer, employee, agent or <br />representative of the Lessor has made any representation, warranty or covenant, expressed or <br />implied, with respect to the Leased Premises, the Project, the condition of the soil, subsoil, <br />geology or any other physical condition of the Leased Premises, the condition of any <br />improvements, any environmental laws or regulations, the presence of any Hazardous <br />Substances on the Leased Premises, or any other matter affecting the use, value, occupancy or <br />enjoyment of the Leased Premises, the suitability of the Leased Premises for the uses permitted DRAFT
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