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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,
<br /> 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 /> 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,
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