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COMMERCIAL LEASE THIS COMMERCIAL LEASE ("Lease") is entered into the'~l{9~ day of,_t/f~ ("Effective Date"), by and between the PENINSULA CORRIDOR JOINT POWERS BOARD, a public joint powers authority ("Lessor"), and the City of Redwood City, a California municipal corporation ("Lessee"). 1. Premises. Subject to the terms and conditions set forth herein Lessor hereby leases to Lessee, and Lessee leases from Lessor, the real property and any improvements thereon located in the City of Redwood City, County of San Mateo, State of California ("Premises") consisting of approximately 4,368 square feet of land, together with improvements thereon, as depicted on Exhibit A, that is attached to this Lease and incorporated into it by this reference. 2. Effective Date. This Lease shall take effect on October 1, 2001 ("Effective Date"), and supersedes any prior lease existing between the parties or their predecessors. 3. Term. This Lease shall be on a month to month basis from the Effective Date and shall continue on a month to month basis, unless sooner terminated as provided for in Section 4 below. 4. Termination. This Lease shall be terminated by Lessor immediately upon the occurrence of an event of default as established in Section 22 below, or by either party on thirty (30) days' advance written notice to the other. 5. Termination for Transit Activities. Lessee acknowledges that it takes this Lease with the express knowledge that Lessor may conduct Transit Activities on, around, under or over the Premises. Transit Activities shall include any activities relating to the study, design, development, construction, maintenance, operation, mapping, testing, or surveying of transportation systems (collectively "Transit Activities"). In the event Lessor determines that it needs to obtain possession of all or a portion of the Premises, or needs to place restrictions on Lessee's use of the Premises, Lessor shall give Lessee sixty (60) days notice prior to the date Lessee must vacate the Premises, a portion of the Premises or restrict the Permitted Use ("Surrender Date"). If Lessor shall only use a portion of the Premises, this Lease shall continue in full force except that Rent shall be reduced in proportion by such part of the Premises rendered unusable by Lessee for the conduct of its business; provided, however, that the entire Premises shall be deemed unusable if the extent and nature of the transit activities substantially impairs Lessee's use of the balance of the Premises and this Lease shall terminate. If Lessor requires the entire Premises or its Transit Activities substantially impairs Lessee's Permitted Use, on or before the Surrender Date, Lessee shall -1- 895092.2