Attachment 21
THE CITY OF OAKLAND
LEASE TERMINATION AGREEMENT
THIS LEASE TERMINATION AGREEMENT (“Agreement”) is made this ____day of
__________, 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:
RECITALS:
WHEREAS, the Parties entered into that certain Lease Agreement dated August 26, 2013
(the “Lease”) to lease the premises described as: approximately 217,800 square feet of space at -
2240 Wake Avenue, Oakland, California (the “Premises”); and
WHEREAS, the Parties intend by this Agreement to terminate any interest in, right to
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.
NOW, THEREFORE, the Parties hereby agree as follows:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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