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Section 1.02 Lease Area and Use (Tenant) <br />(a) In accordance with and for the Compensation set forth in Section 1.04(a), Tenant <br />agrees to purchase a minimum of 36 monthly passes for parking in the Parking <br />Structure for each calendar month during the Term and to distribute the passes to <br />its designated and assigned residents at 401 N. Bush Street. Any future changes to <br />the minimum number of required parking spaces must be reviewed by the City <br />Attorney and Planning Manager as this requires revision of the conditional use <br />permit ("CUP") which requires approval of the Planning Commission and the City <br />Council. <br />(b) The exclusive reserved use rights of Tenant as to the Lease Area shall be subject <br />and subordinate to the prior and paramount right of Landlord to use the Parking <br />Structure in its entirety for public purposes to which it presently is and may, at the <br />option of Landlord, be devoted. Tenant undertakes and agrees to use the Lease <br />Area and to exercise its rights under this Lease at all times in such manner as will <br />not unreasonably interfere with the full use and enjoyment of the Parking Structure <br />by Landlord for public purposes. <br />(c) Subject to the provisions in Section 7.01, should parking spaces within the Lease <br />Area of the Parking Structure become unavailable, the City will work with Tenant <br />to provide reserved parking spaces at the closest City lot where parking is available. <br />(d) Tenant hereby acknowledges that title to the Property is vested in Landlord and <br />agrees never to assail or resist the same, and further agrees that Tenant's use and <br />occupancy of Lease Area shall be based solely upon the use rights herein given. <br />(e) As of the commencement date for this Agreement, Tenant acknowledges that <br />Landlord has not installed electric vehicle ("EV") charging stations at the parking <br />structure. Tenant will not, nor will it allow its residents to set up, install or maintain <br />any form of unauthorized EV charging stations at the assigned locations specified <br />in Exhibit A. Should the Landlord, or the City, choose to install EV charging <br />stations during the term of this Agreement, use of the charging stations may be <br />allowed, if available. <br />Section 1.03 Term <br />(a) This Agreement shall commence thirty (30) days after the issuance by City to <br />Tenant of a Certificate of Occupancy for the Project and continue torten (10) years <br />from the date of issuance. At the Landlord's sole discretion, Tenant may be granted <br />up to two (2) additional ten (10) year extensions of this Agreement, subject to a <br />written agreement signed by both parties and approval by the City Council. <br />Provided Tenant has been in good standing throughout the Term hereof including <br />extensions granted to Tenant, Landlord will consider and negotiate in good faith <br />the granting of additional extensions, subject to a written agreement signed by both <br />parties and approval by the City Council. Earlier termination of this Lease shall be <br />in conformance with Section 5.02. <br />