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<br />are dedicated (the parties acknowledge that at some point the south end ofthe third floor the <br />garage would have be converted into dedicated spaces). Once all 150 spaces have been dedicated <br />in the locations herein specified, this subparagraph c. shall be of no further force and effect. <br /> <br />d. The use of the Parking Garage pursuant to this Lease shall be subject to the <br />normal rules and regulations of Sycamore governing use of its parking facilities and common <br />areas. Overnight parking shall not be permitted for residents of the YMCA project except upon <br />agreement by lessee to pay all costs reasonably incurred by Sycamore to operate and keep open <br />the parking garage for monthly parkers after normal hours which shall be a minimum of 6:00 <br />a.m. to 6:00 p.m., Monday through Friday; Sycamore's approval of such after-hours parking not <br />to be unreasonably withheld. Agency shall coordinate with Sycamore to obtain the nec~ssary <br />access cards to the parking garage by completion of Sycamore's standard parking form for each <br />employee to whom a card will be issued. Agency shall be solely responsible for a deposit on <br />each such access card. Said deposit shall be refunded for each card returned to Agency upon <br />receipt of such card to Sycamore. <br /> <br />4. Lease Fee. Agency shall pay to Sycamore, through Sycamore's parking operator for the <br />Project, a monthly fee ("Lease Fee") of FIFTEEN THOUSAND DOLLARS ($15,000) per <br />month. The fee shall be paid monthly in advance in accordance with Sycamore's standard <br />parking facility procedures. As hereinafter more particularly provided, the Agency shall pay such <br />amount on the schedule provided in monthly installments, until Agency has paid a total of FOUR <br />MILLION FNE HUNDRED THOUSAND DOLLARS ($4,500,000,00) or until the payment <br />period expires or the DDA terminates or Agency's ability to make such payments is rescinded, <br />whichever occurs first; however, it is the parties intent that this Lease shall be interpreted to be <br />for a twenty-five (25) year term to the full extent permitted by law. <br /> <br />5. Validations. Agency shall be entitled to purchase validation books for transient visitors <br />to the YMCA building in II, hour and 1 hour increments. The cost to purchase the validation <br />books will be at a rate Sycamore and Agency agree to be the average validation book rate. <br /> <br />6. Indemnity and Sycamore's Liability. Sycamore shall defend, indemnify and hold . <br />harmless Agency from and against any and all claims, liability, losses, damage, causes of action, <br />expenses and costs (including, but not limited to, reasonable professional fees and costs), arising <br />out of or in connection with this Lease to the extent caused by the gross negligence or willful <br />misconduct of Sycamore. Agency shall defend, indemnify and hold harmless Sycamore from and <br />against any and all claims, liability, losses, damage, causes of action, expenses and costs <br />(including, but not limited to, reasonable professional fees and costs), of every nature, arising out <br />of or in connection with any act or omission of Agency or any of its employees in co!)nection . <br />with this Lease excepting only to the extent caused by the gross negligence or willful misconduct <br />of Sycamore. In addition, Agency agrees to reimburse Sycamore for the cost of repairing any. <br />damage caused by Agency, sublesees or its employees. Without limiting the generality of the <br />foregoing, should Sycamore deem it necessary to cause any vehicle of Agency or any of its. <br />employees that is parked in violation of the requirements herein to be removed from the Project, <br />Agency shall indemnify Sycamore from any and all costs incurred in connection therewith. <br /> <br />4 <br /> <br />J <br />