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ARTICLE 3: USE OF THE PREMISES <br />Permitted Use <br />Section 3.01. District shall use the Premises solely for the purpose of operating and <br />maintaining (subject to District's agreement to make certain improvements set forth in this <br />Lease) District's School of Continuing Education located on the Premises. The City agrees that <br />the parking areas adjacent to the Premises as shown on Exhibit A shall be available without <br />charge for use by the students, teachers and staff of that school. The City and District each <br />acknowledges and understands that certain obligations under this lease are contingent upon <br />the approval of the National Parks Service of said lease or in the alternate the approval of a land <br />conversion by the National Parks Service. If neither is obtained, the City and District will <br />terminate the lease on a schedule acceptable to both parties and in accordance with direction <br />from the National Parks Service. District shall not change the use of the Premises without first <br />obtaining the written consent of the City. District shall use its best efforts to use and permit <br />Use of the Premises for purposes permitted by this Section 3.01. <br />Compliance with Laws <br />Section 3.02. District shall, at District's own cost and expense, comply with all statutes, <br />ordinances, regulations and requirements of all governmental entities, both federal and state, <br />and to any county or municipal ordinances which are enforceable against community college <br />districts under California state law, whether those statutes, ordinance, regulations, and <br />requirements are now in force or are subsequently enacted. The Parties acknowledge that <br />under state law the design and construction of community college buildings and facilities is <br />governed by the decisions and regulations of the California Department of General Services' <br />Division of the State Architect ("DSA") rather than by municipal law. If any license, permit or <br />other governmental authorization is required for lawful use or occupancy of the Premises or <br />any portion of the Premises, District shall procure and maintain it throughout the term of this <br />lease. To the extent that the City itself is the entity issuing such licenses, permits or other <br />authorizations, the City agrees to work in good faith with the District to issue those permits as <br />promptly as possible pursuant to the City's usual and customary practices and procedures for <br />issuance of such licenses, permits, or authorizations, compliance with the Municipal Code, City <br />Charter and applicable laws. Disputes between the Parties regarding violations of this Section <br />or any other provision of this lease will be resolved by the dispute resolution procedures set <br />forth in Exhibit "B" of this lease, which is incorporated by reference herein. <br />Prohibited Use <br />Section 3.03. District shall not use or permit the Premises or any portion of the <br />Premises to be improved, developed, used or occupied in any manner or for any purpose that is <br />in any way in violation of the deed restrictions on the Premises (unless or until they are <br />removed), or in violation of Section 3.02 above. District shall not make improvements except as <br />specified in Article 5 below. Furthermore, District shall not maintain, commit, or permit the <br />4911006.2 -- N261.19 <br />