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<br /> <br />a. Consideration. Lessee agrees to pay Lessor as Consideration, the sum of Four <br />Thousand Dollars ($4,000.00) payable in advance on or before the Commencement <br />Date and annually thereafter (Due Date). Lessee may prepay rent anytime without <br />penalty. The payment is Consideration for Lessor’s lease administration and staff <br />time to inspect the Premises in accordance with Section 8 below. <br />b. Annual Consideration Adjustment. The amount of Consideration payable <br />hereunder shall be adjusted annually. On the anniversary date of the Commencement <br />Date and annually thereafter, the Consideration shall increase by three and one half <br />percent (3.5%) above the previous year’s Consideration and be payable in advance on <br />the Due Date. <br />c. Late Payment. Should the annual Consideration not be paid in full within fifteen (15) <br />days of the Due Date, a ten percent (10%) late fee shall be paid in addition to the <br />Consideration due. Lessor’s right to collect a late fee shall not be deemed an <br />extension of the Due Date nor prevent the Lessor from exercising any other rights and <br />remedies available under this agreement and by law. <br /> <br />4. RECOGNITION OF PARAMOUNT RESPONSIBILITY OF LESSOR <br />It is recognized by Lessee that the delineated Premises lie within the watershed of San Leandro <br />Creek, which is connected to Lake Chabot and the Upper San Leandro Reservoir and Dam by <br />San Leandro Creek. San Leandro Creek continues its flow downstream of Lake Chabot <br />Reservoir which flows through the described Premises. <br />It is further recognized and understood by Lessee that Lessor will continue to own, operate, and <br />maintain said reservoir and dam as an essential part of Lessor's public water system for the <br />furnishing of water for municipal, domestic, industrial, and other uses to the customers of the <br />East Bay Municipal Utility District, and that Lessor is charged with the responsibility of <br />protecting said reservoir and dam, preserving the water-producing capabilities thereof, and to <br />maintain said reservoir and dam free from contamination and pollution and deliver to the <br />consumers of the East Bay Municipal Utility District pure, wholesome, and potable water. <br />Lessee further understands and agrees that Lessor, in order to carry out its responsibilities as <br />herein above set forth, may allow the water from Upper San Leandro Dam and/or Lake Chabot <br />Dam to spill or may make releases of water through the delineated Premises in the water course <br />known as San Leandro Creek, as weather conditions dictate, and in accordance and compliance <br />with orders from the State of California. <br />Lessee further understands that Lessor has entered into negotiations with the California <br />Department of Fish and Wildlife to determine flow and non-flow measures for the improvement <br />of fish and wildlife conditions in San Leandro Creek below Chabot Dam. Those negotiations <br />may result in regulatory required actions within or adjacent to the Creek to improve and maintain <br />536