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Recording Requested by and After Recording Return to: a ,~ City of San Leandro City Clerk 835 East 14~ Street ~~, San Leandre, CA 94577 ~ ~~~^ ~: k ~~ ~, 4 ~~ ~~03~~~~T4 0~~1~1~0~3 ~4, ~7 P~ ~V _ a,~ OFF ICINL ,"~'E~:'f?0~. :;2'P~ H!_R4'IEDA COilPJ i Y ,~•~ " PATRICK 0'C%.V"JE',_S_ RECOR©If~G FEE: g5,a0 ~ ~~~ P II i i I;' ~ , : ~ rl ~ ll,l , I;' ~ ~ li ~' j II jj I, ~ I ~ II j i i 27 w~ ~` , ~i ~ ~ it I~ ~i ~.~~I i I ~~'' ~ ~~I. ! ~; I ~ ,~ GROUND LEASE aCT 2 ~ 200 ~~~ c~~~~ ~~~~? 7HISGROUND LEASE-AGREEMENT ("Lease"} is made on March 3, ((~f ~ and among the City of San Leandro, a public agency ("City"), Waste Management of Alameda County, Inc., a California Corporation ("Waste Management") antl Bayside Business Center ("BBC"), RENTALS 1. City is the owner of that certain real property, located in the City of San Leandro, described in Exhibit A as the "Premises," 2, The Premises will be created pursuant to a series of lot line adjustments processed by BBC and more particularly described in Section 1.1 of this Agreement. 3, Waste Management desires to lease the Premises for the purpose of operating Waste Management's existing "Transfer Station and Materials Recovery i=acility" (defined in Section 4.4 below). 4. Waste Management and the City desire to enter into this Lease upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the above Recitals and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; ~ . LEASES? PFiEM1SES 1.1 Creation of the Leased Premises. City is the owner of the real property described in Exhibit B as Parcel 1. City is owner of the real property described in Exhibit B as Parcel 2, Waste Management is owner of the real property described in Exhibit B as Parcel 3. Waste Management is owner of the real property described in Exhibit B as Parcel 4. City is owner of the real property described in Exhibit B as Farcel ? , City is owner of the real property described in Exhibit B as Parcei 5. Waste Management is currently a party to an agreement between Waste Management and Bayside Business Center, LLC to convey Parcel 3 from Waste Management to BBC, BBC is currently party to a purchase and sale agreement with the City to purchase Parcel 2 r"rom the City: Waste Management antl City shall exercise their best efforts to ensure that these conveyances sha!I tafce place no Later March 15, 2003. Upon completion of these conveyances, BBC shall process a lot line adjustment combining Parcels 1, 2 and 3. This lot line adjustment shall also combine Parcei 4 and Parcei 5 into one Parcel (the "Premises") and create Parcel 6, each as shown in Exhibit B. The revised Parcels 4, 5 and 7 and Parcel 6 are set forth in Exhibit C to this agreement. BBC shall provide an access easement to Waste Management to access Parcel E as shown in Exhibit C. No later than six months from the date ot" execution of this Agreement, BBC shall process a lot line adjustment combining Parcel 6 and Parcel ?with 622009-1