Laserfiche WebLink
ATTACHMENT 2 <br />Section 1. Grant of O tp ion. City hereby grants to Developer the option to ground <br />lease the Land for the purpose of rehabilitating, developing and operating the Project thereon for <br />the consideration and under the terms and conditions set forth in this Agreement (the "Option"). <br />Section 2. Term of Option: Exercise. <br />a. Term. The term of the Option (the "Term") shall be for a period <br />commencing on the date of this Agreement and ending on December 31, 2021 (the "Term") <br />unless extended by mutual agreement of the Parties. During the Term, Developer and City staff <br />agree to negotiate in good faith to the terms and conditions to be included in a ground lease of <br />the Land from City to Developer ("Ground Lease") consistent with this Agreement. The Term <br />of the Option shall end on the date set forth above or, if earlier, on the effective date of the <br />Ground Lease. <br />b. Exercise of Option. At any time following approval of the Ground <br />Lease by City and before the expiration of the Term, and so long as the Developer is not then in <br />default under this Agreement or any other agreements with City, Developer may exercise the <br />Option by giving written notice to City (the "Option Notice"). <br />c. Expiration. The Option shall expire at midnight on the last day of <br />the Term. If the expiration of the Term falls on a Saturday, Sunday or legal holiday in the State <br />of California, then the Option maybe exercised on the next following business day. Upon <br />termination of the Option and a written request by City, Developer shall sign and deliver a <br />quitclaim deed or such other document as maybe reasonably required by City to evidence the <br />termination of the Option. <br />Section 3. Option Consideration. The Option is granted in consideration of <br />Developer's obligation to negotiate in good faith for the Ground Lease and for advancement of <br />the Project. The Option consideration is related to the Option only and in no way relates to <br />Ground Lease payments that will be owed to City. In addition, concurrently with the execution <br />of this Agreement, Developer shall pay and deliver to City the sum of One Hundred Dollars <br />($100.00) as separate and independent consideration ("Independent Consideration") for City's <br />execution of this Agreement and agreement to grant the Option on and subject to the terms and <br />conditions of this Agreement. The Independent Consideration is non-refundable to Developer in <br />the event this Agreement terminates prior to Developer's exercise of the Option. <br />Section 4. Transfer of the Development. <br />a. Conveyance Documents. Following delivery of the Option Notice <br />and satisfaction of all the conditions precedent set forth in Section 5 below, the City and the <br />Developer shall enter into the Ground Lease for the Land (consistent with the terms set forth <br />herein and such other terms as maybe agreed upon by City and Developer). <br />b. Ground Lease of the Property. The Ground Lease shall be in <br />accordance with the following terms: <br />2 <br />OAK #4811-5363-1135 v2 <br />