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ARTICLE 5: IMPROVEMENTS BY DISTRICT <br />Previous Improvements <br />Section 5.01. The parties agree that pursuant to the previous license agreement <br />between the parties, certain buildings and structures were built on the Premises. The terms of <br />the previous license agreement between the parties provided that District had a duty to <br />remove the structures or buildings from the property at the termination or expiration of the <br />license and that, if District did not, the title of those buildings and structures would pass to the <br />City. The parties agree that these improvements, for purposes of this lease, will be called <br />"Previous Improvements," and that title for those Previous Improvements will remain with the <br />District during the term of this lease but will automatically transfer to City upon expiration or <br />termination of this lease. District agrees to execute, acknowledge, deliver to City any <br />instrument requested by City as necessary in City's opinion to perfect City's right, title, and <br />interest to the Previous Improvements and the Premises. <br />Duty to Make Significant Improvements <br />Section 5.02. District shall, at District's sole cost and expense, make Significant <br />Improvements such as replacement of buildings on the Premises for the benefit of the users of <br />the college campus located thereon, in the manner and according to the terms and conditions <br />of this Article. References in this lease to "Significant Improvements" means those <br />improvements to the Premises which the Parties will mutually agree upon within four and one <br />half (4 %) years of the Commencement Date. At the discretion of the Parties, an informal <br />working group may be appointed by the Parties to facilitate determination of the Significant <br />Improvements. <br />Some of the Significant Improvements shall be for the joint use of the District and the <br />City. These improvements could include a branch library to be staffed by the City at the City's <br />expense; a community room; and classrooms for recreational, physical fitness and other <br />community service classes, such as yoga, dance, and similar subjects. The Parties will negotiate <br />and enter into separate joint -use agreements for any Significant Improvements that will be <br />jointly used by the City and the District, outlining the respective rights and responsibilities of <br />each Party with respect to those joint -use facilities. <br />The Parties agree that it is their belief and intention that the improvements will increase <br />the appeal and use of the Park by the public. The Parties agree that the Significant <br />Improvements do not change the ownership of the Park and that the Significant Improvements, <br />while owned by the District, do not create a property interest of any kind for the District in the <br />Park. Where applicable and subject to Section 3.02 above, District will comply with the <br />following terms: <br />4911006.2 -- N261.19 <br />