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Form51.16 (Rev. 10/14) <br />Page 20 of 35 <br />such modification shall become effective unless Lessee is given at least thirty (30) days’ <br />notice prior to the effective date of the increase. <br />(d)Penalty and Interest <br />Any installments of rent accruing under this Lease not paid when due shall be subject to <br />a delinquency charge equal to five percent (5%) of the principal sum due. Non-Monetary <br />Consideration <br />If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, <br />Lessor shall have the right to review such consideration at any time and set a monetary <br />rental if the Lessor, at its sole discretion, determines that such action is in the best interest of <br />the City. Lessee’s assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 <br />below to any third party which results in royalties, profits, or any form of compensation, <br />whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements <br />of this Lease as stated in Section 3 Paragraph 11. Lessee shall be given at least thirty (30) <br />days’ notice prior to the date of the City Council meeting wherein the rent modification is <br />considered, or thirty (30) days’ notice prior to the effective date that this Lease is converted <br />to a monetary rental, whichever provides more notice. <br />(e)Place for Payment of Rent <br />All rent that becomes due and payable under this Lease shall be paid to Lessor in <br />person or by United States mail at City Hall of the City of San Leandro, currently at 835 E. <br />14th Street, San Leandro, CA 94577, or at any other place or places that Lessor may <br />designate by written notice to Lessee. <br />Alternately, Lessee may contact Lessor’s accounting department for Lessor’s current <br />practices for payment by credit card or electronic fund transfer. <br />4.BOUNDARIES <br />This Lease is not intended to establish the City's boundaries and is made without prejudice <br />to either party regarding any boundary or title claims which may be asserted presently or <br />in the future. <br />5.LAND USE <br />(a)General <br />(1)Lessee shall use the Lease Premises only for the purpose or purposes stated in this <br />Lease and only for the operation and maintenance of the Improvements expressly <br />authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety <br />(90)days of the beginning date of this Lease or within ninety (90) days of the date set for <br />construction to commence as set forth in this Lease, whichever is later. <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30