O-2009-3204 LPISD-lease space in new ITC building

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Premises, the Property, or the adjacent properties; or do anything that would increase the insurance rate of the Premises or the Property or its contents. 2.5 City assumes full responsibility for the conduct of any director, officer, employee, representative, agent, guest, or invitee using or present at the Premises or the Property. Prior to any employee or volunteer of the City being present at the Premises or on the Property, the City shall conduct criminal background checks on all such employees and volunteers. City warrants that it shall not permit and shall restrain any employee, volunteer, representative, or agent of City who has been convicted of a felony or crime of moral turpitude from coming in contact with any District student and/or from providing services at the Premises or the Property. Upon the request of the District, the City shall provide documentary evidence of such background checks, subject to any confidentiality requirements imposed by applicable law. 2.6 At the end of the Term or upon the effective date of termination under Section 3.2, the City shall deliver the Premises to the District in substantially the same condition as on the Commencement Date, normal wear and tear excepted. Article 3: Term of Agreement 3.1 Term. This Agreement shall commence on January 1, 2010 ("Commencement Date") and expire on December 31, 2012 ("Expiration Date"). The period between the Commencement Date and the Expiration Date shall be referred to as the "Initial Term". At the expiration of the Initial Term, this Agreement automatically shall renew for successive one (1) year terms (each a "Renewal Term"). The Initial Term and any and all Renewal Terms shall be referred to herein as "Term." 3.2 Termination. In addition to the right of termination set forth in Article 8, the parties also may terminate this Agreement prior to the end of the Term as set forth in this Section 3.2. Either party shall have the right to terminate this Agreement at any time upon ninety (90) days written notice for any reason. The City has the right to terminate this Agreement at the end of any fiscal year if the City Council, despite its best efforts, fails to appropriate sufficient funds to pay the Usage Fee as set forth in Article 4. Termination under this Section 3.2 shall be without any penalties and without further obligations upon the part of either party, other than those stipulated herein related to the terms of this Agreement, including, but not limited to, those set forth in Section 4.4 through 4.6. Article 4: Usage Fee and Expenses 4.1 Usage Fee: For the use of the Premises, the City agrees to pay the District in good funds the sum of Eighteen Thousand and No/lOO Dollars ($18,000) per year, payable monthly ("Usage Fee or Usage Fees"). The City hereby agrees to pay such Usage Fees to the District at the District's address as provided herein for notices (or any other address that may be designated by the District in writing to the City) on or before the 15th day of the month. The District reserves the right to refuse entry to the Property by the City if the City has not paid the Usage Fee by the Usage Time scheduled for which such Usage Fee applies. -3-