Agmt 2012 Family Services Counseling & Community Resource Center

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4. TERM. The term of this Agreement (the "Term ") shall commence on the Effective Date, and unless sooner terminated pursuant to the provisions hereof, shall expire on the fifth (5 anniversary of the Effective Date. There may be one (I) additional five (5) year term extension ( "Extension "). Six (6) months prior to the end of the Term, the Lessee must give the City written notice of the intent to exercise this Extension. 5. RENT. The Lessee shall pay to the City rent for the Premises ( "Rent ") in the amount of One Hundred Dollars ($100) per year. Rent for the entire initial five -year term shall be due and payable in advance on the Effective Date to the City at the address shown in Section 17 or such other place as the City may designate in writing. 6. USE. It is agreed that the Premises shall be used primarily as a community service office, promoting the aforesaid aims and principles of the Lessee. Under no circumstances may alcoholic beverages be kept, distributed, or consumed on the Premises. The Premises shall be used in compliance with relevant local, state, and federal laws and regulations and for no other purpose without the prior written consent of the City. The Lessee shall not encroach on the public right of way adjacent to the Premises or on the portions of the property located at 401 Marina Boulevard that are not part of the Premises. 7. LESSEE'S COVENANTS. The Lessee covenants that it is in good standing and a 50I(c)(3) nonprofit organization. 8. TAXES. The Lessee agrees to pay all lawful real and personal property taxes and assessments levied by the State, County, the City or other tax or assessment levying bodies, upon any and all real and personal property or property interest it has or may have in the Premises described herein and any goods, wares, merchandise, equipment and other materials stored or kept therein. This Section is not intended to affect the Lessee's nonprofit tax exempt status and will apply only in the event the Lessee undertakes activities which create tax liabilities in spite of the Lessee's nonprofit tax exempt status. 9. MAINTENANCE AND REPAIRS. The Lessee shall at its sole cost and expense, and without any liability to the City, maintain the Premises and Improvements in good order and safe, sanitary and clean condition, reasonable wear and tear excluded. The Lessee shall operate, maintain and manage the Premises (including all landscaping and Improvements thereon) in good order and repair and in neat, clean sanitary and safe condition in compliance with all local, state and federal laws, statutes and regulations relating to the use, occupancy or operation of the Premises. The Lessee is required to maintain (at its sole expense) including, but not limited to: interior and exterior paint and carpet, all electrical conduit, wiring, etc., smoke alarms, public restrooms, roof, gutters, and HVAC (as further specified in Exhibit B). Without limiting the generality of the foregoing, the Lessee shall also be responsible for maintaining landscaping on the Premises designated in Exhibit A and for undertaking at the Lessee's sole expense, any necessary repair or resurfacing of paved surfaces on the Premises and any repair or maintenance of fencing. Such repairs shall be at least equal in quality to the original work, reasonable wear and tear accepted. The Lessee shall keep and maintain all portions of the Premises free of accumulation of dirt, rubbish, and graffiti. The Lessee shall take reasonable steps to ensure that access to the Premises is limited to the Lessee and the Lessee's agents, employees, contractors and subcontractors. The failure of the Lessee to maintain the Premises in accordance with this 2