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<br /> 1 <br />LEASE AGREEMENT <br />This Lease Agreement (this “Agreement”) is entered into effect as of _______________, <br />2013 (“Effective Date”) by and between the City of San Leandro, a municipal corporation (the <br />“City”) and the Alameda County Fire Department, a dependent fire district formed under the <br />Fire Protection District Law of 1961 (Health and Safety Code Sections 13801 et seq.) and <br />governed by the Alameda County Board of Directors (the “Lessee”). The City and the Lessee <br />are hereinafter collectively referred to as the “Parties.” <br />RECITALS <br />A. The City is the owner of the real property located at two parcels on Lola Street <br />(APNs 075-0209-001 and 075-0155-008), together (the “Property”) as more particularly <br />described in Exhibit A attached hereto and incorporated herein by this reference. The Property is <br />improved with a number of structures, including a classroom and fire tower (City structures) and <br />a portable trailer, a carport, an external restroom, a structure made of storage containers, and <br />various other containers, trailers, and other structures used for training purposes (Lessee <br />structures). All of the structures located on the Property, together with all improvements located <br />thereon (the “Improvements”) are hereinafter referred to as the “Premises,” as depicted in <br />Exhibit B attached hereto and incorporated herein by this reference. The City owned structures <br />are described in Exhibit C attached hereto and incorporated herein by this reference. <br />B. The Premises, also known as the Fire Training Center, or 890 Lola Street, has <br />been used as a training ground for firefighters from both Alameda County and the surrounding <br />area since as early as 1968. The Lessee has been using the Premises since approximately 1995. <br />C. Pursuant to a 2005 agreement between the City and Lessee regarding fire and <br />emergency response services (the “2005 Agreement”), Lessee has been permitted to use the <br />“Training Tower facility” on the Property at any time and free of charge, and has been <br />responsible for routine maintenance, repair and upkeep. <br />D. The City and Lessee now wish to memorialize a more detailed agreement as to <br />the access, use, rent, and maintenance of the Premises in this Lease Agreement. <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br />1. RECITALS. The Parties hereby acknowledge the truth of the Recitals set forth <br />above, and such Recitals are hereby incorporated into this Agreement. <br />2. LEASEHOLD. The City leases to the Lessee, and the Lessee agrees to lease from <br />the City the Premises. The City leases the Premises in “as-is” condition existing on the Effective <br />Date, and the Lessee acknowledges that, except as otherwise expressly set forth in this <br />Agreement, the City makes no representations or warranties to the Lessee with regard to the <br />condition of the Premises or the fitness or suitability thereof for the Lessee’s purposes.