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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 />33 <br />otherwise specified in this Ground Lease, the terms "herein," "hereof," "hereinafter," "hereunder" <br />and other terms of like similar import, shall be deemed to refer to this Ground Lease as a whole, <br />and not to any particular paragraph or subparagraph hereof. <br />Section 18.15 Cumulative. Except as expressly limited by the terms of this Ground <br />Lease, all rights, powers and privileges conferred hereunder shall be cumulative and not <br />restrictive of those provided at law or in equity. <br />Section 18.16 Notices. All notices, requests, demands, or other communications <br />required or permitted to be given hereunder shall be in writing and shall be addressed and <br />delivered by certified mail, return receipt requested; by reputable commercial delivery service; or <br />by hand delivery by a reputable courier or by electronic mail ("email"), to each Party at the <br />addresses set forth below. Any such notice, request, demand or other communication shall be <br />considered given or delivered, as the case may be, on the date shown on the delivery receipt as <br />the date of delivery, the date delivery was refused or the date the item was returned as <br />undeliverable, provided, however, if any notice is given by email, such notice shall not be <br />deemed delivered or given until a copy of such notice is either deposited in the mail or with a <br />reputable commercial delivery service. By giving prior written notice thereof, any Party, from <br />time to time, may change its address for notices under this Ground Lease. <br />To Lessor: City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br /> <br />With copy to: Community Development Director and City Attorney <br /> <br />To Lessee: Housing Consortium of the East Bay <br />1204 Preservation Park Way, Suite 200 <br />Oakland, CA 94612 <br />Attention: Executive Director <br /> <br />With copies to <br /> <br />Section 18.17 Counterparts. This Ground Lease may be executed in several <br />counterparts, each of which shall be deemed an original, and all such counterparts together shall <br />constitute one and the same agreement. <br />Section 18.18 Time of Essence. Time is and shall be of the essence in this Ground <br />Lease. <br />Section 18.19 Attorneys' Fees. In any litigation or other action brought to enforce this <br />Ground Lease or regarding a dispute over terms of the Ground Lease or the performance of a <br />Party, the prevailing Party in such litigation or action shall be entitled to attorneys' fees and the <br />costs of such litigation from the non-prevailing Party. DRAFT
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