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3. Term: <br /> Unless suspended or partially revoked as hereinafter set forth,this Lease to construct,operate <br /> and maintain the BMX Park to be used by the general public shall terminate fifteen (15) <br /> years from the date hereof. By mutual written consent of the parties hereto, it may be <br /> extended for an additional ten (10) year term. <br /> 4. Lease Fee: <br /> As consideration for Lessee's use of the BMX Park in accordance with the terms and <br /> conditions of this Lease, Lessee agrees to pay to Lessor one hundred dollars ($100.00)per <br /> year due and payable in advance. <br /> A. Rental payments shall be delivered to Lessor at East Bay Regional Park District, <br /> Land Acquisition Department, 2950 Peralta Oaks Court, P.O. Box 5381, <br /> Oakland,CA 94605. Lessor may change the designated place of payment at any <br /> time upon ten days written notice to Lessee. Rental payments may be made by <br /> check made payable to the Lessor; however, Lessee assumes all risk of loss if <br /> payments are made by mail. <br /> B. Acceptance of Late or Incorrect Rent: Lessee specifically agrees that acceptance <br /> of any late or incorrect rentals submitted by Lessee shall not constitute an <br /> acquiescence or waiver by Lessor and shall not prevent Lessor from enforcing <br /> late payment charges or any other remedy provided in this Lease. A late fee of <br /> 1%per month will be assessed on any rental payment more than ten (10) days <br /> past due. <br /> 5. Indemnification: <br /> Lessee shall indemnify, save,protect,defend and hold harmless Lessor,its boards,officers, <br /> employees, agents and contractors from and against any and all loss, liability, expense, <br /> claims, costs, suits and damages,including attorney's fees, arising out of or connected with <br /> the BMX Park or its use by any person other than Lessor and its officers, employees,agents <br /> or contractors. <br /> U:ISlbmx.1.doc <br /> Last printed 11/17/2004 1:49 PM <br /> 3 <br />