Agmt17 Belmont-Redwood Shores School District

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the Term Commencement Date ("Expiration Date"), unless otherwise terminated under any provision of this Lease. When the Commencement Date and expiration date have been ascertained, the parties shall immediately execute a Confirmation of Tenn of Lease in the form and content set forth as Exhibit E. The expiration or sooner termination of the Term shall be referred to as "Lease Termination." If both parties are interested in an extension of the Lease, they may negotiate a new lease during the thirty-six (36) months prior to the termination of the Lease. For the sake of clarity, neither party shall be obligated to enter into a new lease, and each party shall decide whether to enter a new lease in its sole discretion, which may be unreasonably withheld. 2.2 Holdover. Any holding over after the expiration of the Term or any extension therefor, with the written consent of City expressed or implied, shall be deemed a tenancy only from year to year, and all other terms of this Lease shall continue in full force and effect. SECTION 3. RENT 3.1 Rent. In addition to the consideration described in Recital E, which is incorporated herein by reference, District shall pay to City the sum of ten dollars ($10.00) per year as rental for the use and occupancy of the Premises. Rent shall be due andpayable in advance by the first day of July each year. District may pay Rent for the entire Tern, or the remainder of the Term, in advance at any time. SECTION 4. USE OF PREMISES AND CONDITION OF PREMISES 4.1 Permitted Use. (a) The Premises and the New Classroom Building will be used by District, or its successors in interest for the construction, maintenance, and operation of a school building, such related ancillary activities and uses as are sometimes carried out by District or third parties on school property, and any other uses upon which the parties may mutually agree. (b) Subject to the consent of the City's City Manager (the "City Manager") or her/his designee, such consent not to be unreasonably withheld, District may grant the use of the New Classroom Building as a civic center on terms and conditions its board may deem proper, subject to the limitations, requirements, and restrictions set forth in California Education Code 38131 et seq., the Civic Center Act, or any other applicable or successor statute. If District is required to grant any particular use pursuant to the Civic Center Act, or any other applicable or successor statute, but must provide notice of such use to City. District need not obtain the City Manager's Consent for non-recurring Civic Center uses, but must provide timely advance notice of such uses to City and ensure that scheduling of such events complies with the terms and intent of the Joint -Use Agreement. For the sake of clarity, District's obligations to defend, indemnify and save harmless the City pursuant to Section 21 shall apply to any uses granted by the District's governing board pursuant to this subsection 4.1(b). (c) The Premises and a portion of the New Classroom Building may be used by the City as provided in Section 37 of the Joint Use Agreement during non -school hours. 4.2 Condition of Premises. (a) As Is. Except for any representations set forth herein in writing, there are no warranties or representations, express or implied, by City to District and District acknowledges that the execution of this Lease is and will be based solely upon District's inspection and investigation of the Premises. District acknowledges that City has not made any representations or warranties other than as contained herein as to any matters concerning the Premises. District independently has satisfied itself regarding the suitability of the Premises for District's purposes including the suitability of the following characteristics of the Premises: topography, availability of utilities, general plan designation, zoning, soil, subsoil, presence or absence of fill, presence or absence of hazardous materials, the purposes ATTY/AGR/2017.041/GROUND LEASE —SANDPIPER REV: 03-01-17 IS Page 2 of 33