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On or before the first day of January 2011, and continuing thereafter on the first day of <br />each succeeding month throughout the term of the lease, Contractor shall pay a flat rental fee of <br />THREE HUIvTDRED FIFTY DOLLARS ($350.00) per month. <br />In view of the fluctuating power of the dollar, the parties hereto agree that the following <br />minimum rental adjustments shall be made on dates as herein provided. The parties hereto adopt <br />as the standard for measuring such fluctuations the revised Consumer Price Index for All Urban <br />Consumers -San Francisco, Oakland, San Jose -issued by the Bureau of Labor Statistics of the <br />U.S. Department of Labor, All Items (1982-84 = 100), hereinafter referred to as the "CPI Index". <br />For this agreement, the CPI Index Baseline shall be October, 2011. The first rental adjustment <br />shall be made on January 1, 2012, and annually on each January 1 thereafter. In no event shall <br />the monthly rent for a lease year be less than the monthly rent for the prior lease year. <br />In the event that Contractor is delinquent for a period of sixty (60) days or more in . <br />paying to City a rental or other sum payable to City pursuant to this lease, Contractor shall pay to <br />City interest on such delinquent amount at the rate of one percent (1%) per month from the date <br />such sum was due and payable until paid. <br />C. TERMINATION BY CITY. City may terminate this lease between January 1, <br />2011 and December 31, 2015 upon providing the Contractor with written notice one (1) year in <br />advance. In the event City exercises its right to terminate this lease, City shall compensate <br />Contractor for the property improvements constructed in fiscal year 2007-08 ("Construction <br />Reimbursement"). The Construction Reimbursement shall be calculated by amortizing the actual <br />construction costs, up to FIFTEEN THOUSAND DOLLARS ($15,000), over 8 years. Upon <br />City's termination of this lease, payment of the Construction Reimbursement shall be prorated <br />over the remaining term of the lease. <br />Page 2 of 3 <br />