Lease Termination Agreement printable pdf download

Attachment 21

THE CITY OF OAKLAND

LEASE TERMINATION AGREEMENT

(“Agreement”) is made this ____day of

HIS LEASE TERMINATION

GREEMENT

__________, 201_ (the “Execution Date”), by and between THE CITY OF OAKLAND (the

“City”), and OAKLAND MARITIME SUPPORT SERVICES, Inc. (“OMSS”), a California

corporation (together, the “Parties”), who agree as follows:

ECITALS

, the Parties entered into that certain Lease Agreement dated August 26, 2013

HEREAS

(the “Lease”) to lease the premises described as: approximately 217,800 square feet of space at -

2240 Wake Avenue, Oakland, California (the “Premises”); and

, the Parties intend by this Agreement to terminate any interest in, right to

HEREAS

possession and/or tenancy that OMSS may claim or hold in the Premises effective upon

execution of this Agreement, under the terms and conditions set forth herein.

, T

, the Parties hereby agree as follows:

HEREFORE

Termination of the Lease. OMSS acknowledges and agrees that upon execution

of this Agreement, any interest in, right of possession and/or tenancy that OMSS may claim or

hold in the Premises, whether or not through the terms of the Lease, shall be forfeited and

terminated.

Condition of the Premises. The Parties acknowledge and agree that OMSS will

remove all debris and miscellaneous personal property located on the Premises and put the

Premises in a broom clean condition, normal wear and tear excepted as of the Execution Date.

Survival of Rights and Liabilities. The rights and liabilities of the Parties

arising prior to the termination of the Lease, and any obligations which, by the terms of the

Lease, shall survive the termination of the same, shall not be affected by the termination of the

Lease and shall survive its termination in Paragraph 1, including, without limitation, the

Addendum to the Lease pertaining to Hazardous Materials, and all amounts of unpaid rent and

operating expenses, late fees and other claims or damages.

Indemnity. OMSS agrees to defend and indemnify the City from and against all

loss or damage sustained by the City (and all expenses, costs and attorneys’ fees of the City in

any action or defense undertaken by the City to protect itself from such loss or damage) resulting

from a breach by OMSS of the representations made herein.

Interpretation. If any provision of this Agreement or any application thereof is

invalid, void or illegal, no other provision or application will be affected. Time is of the essence

Lease Termination Agreement