Lease - Safeway & City of San Leandro

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' 1 1 Companies January 22, 2025 P. JAN 2:1. 2 VIA UPS OVERNIGHT k-IMI—C —LEl 1, 'S OF F IC:I City of San Leandro Attention: City Clerk 835 East 14th Street San Leandro, CA 94577 Re: Lease between Safeway Inc. and City of San Leandro 1499 Washington Ave, San Leandro, California 94577 Facility #0994 Ladies and Gentlemen: Reference is made to that certain License Agreement, dated as of February 3, 2003 (as amended, restated, assigned, supplemented or otherwise modified from time to time, the "Lease") currently by and between City of San Leandro ("Landlord") and Safeway Inc. ("Tenant"), for the above referenced property ("Premises"). As you know, in connection with the proposed merger ("Proposed Merger") between The Kroger Co. and Albertsons Companies, Inc. ("Albertsons"), Tenant sent Landlord a request to assign the Lease dated June 10, 2024 ("Consent Request"). Landlord subsequently consented to the Consent Request. For purposes of this letter, the document by which Landlord consented to the Consent Request is referred to herein as the "Consent Agreement." As you may know, on December 10, 2024, a federal court in Oregon and a state court in Washington granted injunctions blocking the Proposed Merger, and in light of the court decision, Albertsons terminated the Proposed Merger agreement. Consequently, Tenant hereby gives notice to Landlord that Tenant will not assign the Lease as contemplated by the Consent Request. Accordingly, the Consent Agreement is deemed void and as if the same had not been executed. Additionally, you may have received a request to execute an affidavit relating to liquor or lottery license applications. This letter confirms for Landlord that any license applications that were submitted by 1918 Winter Street ABS LLC or C&S Wholesale Grocers related to the Premises will also be withdrawn. SAFEWAY0. •b Albertsons VONS ACME shaves T�A.-.6, united IEtW lita«sr m. MU/�"• °" AVILION star_ :.`7larke� S unity (r �Ami s Aneronico's Alwseresoryq a—r ket P S. CAitR$ �� ytm uu� ommunity markets go