|
<br /> 2
<br />3. TERM. The term of this Agreement (the “Term”) shall commence on the
<br />Effective Date, and unless sooner terminated pursuant to the provisions hereof, shall expire on
<br />the tenth (10th) anniversary of the Effective Date. There may be three (3) additional five (5) year
<br />term extensions (“Extension”). Six (6) months prior to the end of any Term, the Lessee must give
<br />the City written notice of the intent to exercise an Extension.
<br />4. RENT. Notwithstanding anything to the contrary in the 2005 agreement, the
<br />Lessee shall pay to the City rent for the Premises (“Rent”) in the amount of ten thousand seven
<br />hundred eighty two dollars ($10,782) per month. Each July 1, the Rent shall automatically
<br />increase by 3.5%.
<br />5. USE. It is agreed that the Premises shall be used primarily as a training center for
<br />area firefighters and law enforcement personnel. The Premises shall be used in compliance with
<br />relevant local, state, and federal laws and regulations and for no other purpose without the prior
<br />written consent of the City. The Lessee shall not encroach on the public right of way adjacent to
<br />the Premises or on any portions of the property that are not part of the Premises.
<br />6. TAXES. Both Parties are governmental entities and exempt from payment of
<br />most taxes. However, the Lessee agrees to pay all lawful real and personal property taxes and
<br />assessments levied by the State, County, the City or other tax or assessment levying bodies, upon
<br />the Property, the Premises, and any goods, wares, merchandise, equipment and other materials
<br />stored or kept therein, should any be assessed.
<br />7. MAINTENANCE, REPAIRS AND CAPITAL IMPROVEMENTS. The Lessee
<br />shall, at its sole cost and expense, and without any liability to the City, operate and maintain the
<br />Premises and Improvements in good order, in compliance with applicable laws, and in safe,
<br />sanitary and clean condition, reasonable wear and tear excluded, and in compliance with all
<br />local, state and federal laws relating to the use, occupancy or operation of the Premises. The
<br />Lessee shall keep and maintain all portions of the Premises free of accumulation of dirt, rubbish,
<br />and graffiti. The Lessee is required to maintain, repair and/or replace (at its sole expense)
<br />including, but not limited to: interior and exterior paint and carpet, all electrical conduit, wiring,
<br />etc., smoke alarms, restrooms, roofs, gutters, HVAC, plumbing, foundations, flood damage,
<br />water heaters, appliances, stairs and entryways, gas lines, seismic upgrades, ADA upgrades,
<br />doors, windows and window coverings, flooring, and asbestos removal/management. Without
<br />limiting the generality of the foregoing, the Lessee shall also be responsible for maintaining
<br />landscaping on the Premises, as well as any security features installed by Lessee. The Lessee
<br />expressly acknowledges and agrees that the City has no obligation to maintain the Premises.
<br />
<br />Costs for capital improvements, including repair or construction of fencing, any
<br />necessary repair or resurfacing of paved surfaces on the Premises and structural repairs not
<br />including the maintenance items listed above will be apportioned to the City based on its
<br />membership in the Alameda County Fire Department. Such repairs shall be at least equal in
<br />quality to the original work, reasonable wear and tear accepted. The City’s prior approval shall
<br />be required for any repairs or improvements estimated to cost in excess of five thousand dollars
<br />($5,000). In addition, the Lessee shall provide prior notice to the City of any and all
<br />improvements to be made to the Property or Premises. The Lessee shall take reasonable steps to
<br />ensure that access to the Premises is limited to the Lessee and the Lessee’s agents, employees,
|