2007-09-24 Agenda - Laserfiche WebLink

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USE. 4.Lessee shall use the Premises only as a public park or recreational facility in accordance with Charter Sections 98 and 101. Lessee shall, during the entire term, continuously and diligently carry on its operations and activities in the Premises. Lessee shall keep the premises open and available for the Intended Use during the usual days and hours for such use or similar uses, except when prevented by causes beyond Lessee’s reasonable control. In no event shall the Premises be used or occupied by Lessee in any manner contrary to law, zoning regulations, or code or permit requirements. TERM AND COMMENCEMENT DATE. 5. The term of this lease shall be for Commencement Date” twenty-five (25) years commencing on the date of this Lease (the “). Lessee shall have the option to meet and confer with Lessor about an extension of the term of this Lease for five (5) additional periods of five (5) years each by providing Lessor with written notice of intent to renew not less than six (6) months prior to the expiration of the original term, or any renewal term, as the case may be. Lessor, in its sole discretion, shall have the right not to renew the Lease. REQUIRED RENOVATIONS. 6. Lessor acknowledges that Lessee intends to raise significant funds for the renovation of the Buildings and related improvements for Lessee’s Intended Use and for the construction of additional improvements, including without limitation, an outside wind turbine, photovoltaic structures and outdoor classroom facilities. Notwithstanding anything contained herein to the contrary, in the event Lessee has “Required Renovations” not raised funds for the renovations described on Exhibit C (the ) in the minimum amount of $50,000.00 by December 31, 1999, an additional $50,000.00 by December 31, 2000, and another $50,000.00 by December 31, 2001, for a total of $150,000.00, and provide Lessor with proof thereof, either party may terminate this Lease, in which event all renovations and improvements shall remain a part of the Premises and Lessor shall not be obligated to reimburse Lessee therefore. The actual value of in-kind construction and building renovation services and materials received by Lessee may be credited against the fundraising requirements provided that such services and materials are described and itemized on a statement that includes the date received, actual value and provider’s name. Lessee shall diligently prosecute the Required Renovations work, all of which shall be completed in a workmanlike manner no later than June 30, 2002. In the event the required renovations cost less than $150,000.00, Lessee may place the surplus in an endowment fund for the maintenance and operation of the Green Center. RENT. 7. Lessee shall pay to Lessor as annual rent for the Premises the sum of One Dollar ($1.00). The rent shall be due and payable on the Commencement Date of this Lease and on the anniversary of the Commencement Date for each year thereafter. The amount of the annual rent has been established taking into account the significant renovations being undertaken by Lessee under the provisions of this Lease. . PARK GROUNDS. 8It is understood and agreed between Lessor and Lessee that this Lease shall also include the non-exclusive right to use of the surrounding park grounds of Kaufman Park by Lessee and its invitees to the same extent as the general public , for the uses allowed herein, including outdoor classes and other educational and cultural purposes. PARKING. 9. (a) Lessee, including its volunteers, agents and invitees, shall have the non- exclusive right to park in the parking lot located next to the tennis courts in Kaufman Park (“Existing Parking Lot”) as shown on Exhibit A. Lessee shall also have the right, but not the obligation, to expand the Existing Parking Lot to the south by constructing up to thirteen (13) additional parking spaces H-5-c September 24, 2007