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Bandwidth Lease Agreement 20231024
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Bandwidth Lease Agreement 20231024
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Last modified
12/27/2023 4:06:02 PM
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12/27/2023 4:05:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/24/2023
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PERM
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5D Consent
(Amended by)
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\City Clerk\City Council\Agenda Packets\2023\Packet 20231120
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Form51.16 (Rev. 10/14) <br />Page 23 of 35 <br />Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be <br />used as a location for a Residence, for the purpose of mooring or maintaining a <br />structure which is used as a Residence, or for Residential Uses. <br />(h)Commercial Use <br />Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee <br />and Lessee’s invitees or guests only. Use of the Lease Premises for commercial purposes; <br />conducting a business, whether for profit or otherwise; and any subleasing, rental, or any <br />transaction whereby Lessee directly or indirectly receives compensation from a third <br />party in exchange for use of the Lease Premises shall constitute an immediate Default of <br />this lease with no cure period. <br />6.RESERVATIONS, ENCUMBRANCES, AND RIGHTS-OF-WAY <br />(a)Reservations <br />(1)Lessor expressly reserves all natural resources in or on the Lease Premises, including <br />but not limited to timber, minerals, and geothermal resources as defined under Public <br />Resources Code sections 6401, 6407, and 6903, respectively; the right to grant and <br />transfer the same; as well as the right to grant leases in and over the Lease Premises <br />which may be necessary or convenient for the extraction of such natural resources. <br />Such leasing shall be neither inconsistent nor incompatible with the rights or privileges <br />of Lessee under this Lease. <br />(2)Lessor expressly reserves a right to go on the Lease Premises and all Improvements <br />for any purposes associated with this Lease or for carrying out any function required by <br />law, or the rules, regulations, or management policies of the City of San Leandro. <br />Lessor shall have a right of reasonable access to the Lease Premises across Lessee <br />owned or occupied lands adjacent to the Lease Premises for any purpose associated <br />with this Lease. <br />(3)Lessor expressly reserves to the public an easement for convenient access across <br />the Lease Premises to other City-owned lands located near or adjacent to the Lease <br />Premises and a right of reasonable passage across and along any right-of-way <br />granted by this Lease; however, such easement or right-of-way shall be neither <br />inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. <br />(4)Lessor expressly reserves the right to lease, convey, or encumber the Lease <br />Premises, in whole or in part, during the Lease term for any purpose not inconsistent or <br />incompatible with the rights or privileges of Lessee under this Lease. <br />(b)Encumbrances <br />The Lease Premises may be subject to pre-existing contracts, leases, licenses, <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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