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RES 2024040
City of Pleasanton
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RES 2024040
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6/18/2024 4:24:22 PM
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6/18/2024 4:22:47 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
DESTRUCT DATE
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11 <br />4859-3312-3005v3 <br />parties hereto that this Lease shall create a constructive notice of severance of the Improvements <br />from the Leased Premises without the necessity of a deed from Lessor. <br />(b) After the Term. Upon the expiration of the Term or other termination of the <br />Lease, the Improvements and all alterations, additions, equipment and fixtures shall be deemed <br />to be and shall automatically become the property of Lessor, without cost or charge to Lessor. <br />Lessor agrees that Lessee, at any time prior to the expiration or other termination of this Lease, <br />may remove from the Leased Premises any and all equipment which Lessee has furnished for <br />maintenance purposes or for the use of the Management Agent, provided that Lessee shall repair <br />any physical damage to the Leased Premises caused by the removal of such equipment and <br />property. Lessee agrees to execute, at the request of Lessor at the end of the Term, a <br />confirmatory quitclaim deed of the Improvements to Lessor to be recorded at Lessor’s option and <br />expense and any other documents that may be reasonably required by Lessor or Lessor’s title <br />company to provide Lessor title to the Leased Premises and the Improvements free and clear of <br />all monetary liens and monetary encumbrances not caused or agreed to by Lessor. Without <br />limiting the foregoing, upon the expiration or sooner termination of this Lease, Lessee shall <br />deliver the Leased Premises and the Improvements to Lessor free of all monetary liens and <br />encumbrances unless otherwise consented to in writing by Lessor. Any equipment or other <br />personal property not removed from the Leased Premises by the expiration of the Term shall <br />become the property of Lessor, and Lessor shall have the right to dispose of such equipment and <br />property in the manner of Lessor’s choosing. <br />Section 3.5 Benefits of Improvements During Term. Lessor acknowledges and agrees <br />that any and all depreciation, amortization and tax credits for federal or State tax purposes <br />relating to the Improvements located on the Leased Premises and any and all additions thereto, <br />substitutions therefor, fixtures therein and other property relating thereto shall be deducted or <br />credited exclusively by Lessee during the Term. <br />ARTICLE 4. <br />RENTS <br />Section 4.1 Ground Rent. Subject to the provisions of this Section, during the period <br />commencing on the Commencement Date and ending on the fifty-fifth (55th) anniversary of the <br />Commencement Date, Lessee shall pay rent to Lessor in the aggregate amount of Five Million <br />Dollars ($5,000,000) (“Aggregate Rent”). During the 15-year period commencing upon the <br />Project placed-in-service date, by not later than June 30 of each Lease Year, Lessee shall <br />pay to Lessor thirty-three and 33/100 percent (33.33%) of all Surplus Cash (as defined in and <br />calculated pursuant to the Note) generated by the Project during the previous calendar year. <br />Commencing upon the earlier of (a) the commencement of the sixteenth (16th) year following the <br />Project placed-in-service date, and (b) the date that any deferred developer fee has been fully <br />paid, annual payments due under this Section shall increase to equal fifty percent (50%) of <br />Surplus Cash generated by the Project during the previous calendar year. Each payment of <br />Surplus Cash due pursuant to this Section shall be considered “Rent” due and payable <br />hereunder; provided however, Lessee acknowledges that in Lessor’s sole discretion, by written <br />notice to Lessee, Lessor may elect to apply Lessee’s payments of Surplus Cash toward the
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