Agmt17 Belmont-Redwood Shores School District

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29.9 Nonmerger of Fee and Leasehold Estates. If both City's and District's estates in the Premises or the District Improvements or both become vested in the same owner, this Lease shall nevertheless not be destroyed by application of the doctrine of merger except at the express election of the owner and the consent of the mortgagee or mortgagees under all mortgages existing under provisions of this Lease relating to the purchase or construction of District Improvements. 29.10 Memorandum of Lease. (a) Recordation of Memorandum Only. This Lease shall not be recorded; only a memorandum of this Lease shall be recorded. The parties shall execute and record a memorandum in the form attached hereto as Exhibit G. (b) uitclaim. At the expiration or sooner termination of this Lease, District shall execute, acknowledge and deliver to City within thirty (30) days after written demand from City to District, any quitclaim deed or other document required by any reputable title company to remove the cloud of this Lease from the real property and improvements subject to this Lease. 29.11 Citv's Right to Sell. City shall have the right to sell its fee estate in the Premises or any part thereof and assign its interest in this Lease without limitation; provided, however, that any such sale shall be subject to this Lease and any purchaser shall agree to perform all of the obligations of City as landlord under the Lease. Upon any such conveyance, City shall be automatically relieved of any further obligation under this Lease. 29.12 Waste. District shall not commit, or suffer to be committed, any waste upon the Premises, or allow any sale by auction upon the Premises, or all the Premises to be used for any unlawful purpose, or place any harmful liquids in the plumbing, sewer or storm water drainage systems of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises except in trash containers designated for that purpose. 29.13 Severability. If any provision, covenant or condition of this Lease or any application thereof, to any extent, is found invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Lease will not be affected thereby, and will be valid and enforceable to the fullest extent permitted by law. 29.14 Controlling Law; Venue. The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California. 29.15 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original. 29.16 No Relocation. District acknowledges that District is not entitled to any relocation assistance, or any other benefits under the Uniform Relocation Assistance Act, or any other applicable provision of law upon termination of this Lease. District hereby waives and releases City from any claims to any relocation assistance, or any other benefits under the Uniform Relocation Assistance Act, or any other applicable provision of law. IN WITNESS WHEREOF, CITY AND DISTRICT have executed this Lease through their officers or representative thereunto duly authorized as of the day and year first above written. [Signature Page Follows] ATTY/AGR/2017.041/GROUND LEASE—SANDPIPER REV: 03-01-17 JS Page 22 of 33