d. Ownership and Maintenance of Property and New Improvements. Upon completion of the Project as contemplated hereunder:
OPA shall own the improvements, subject to the Department’s right of exclusive use and occupancy thereof, while the Department shall at all times, including during and after completion of the Project, own the real property known as 911 Ocean Parkway. Upon completion of the new station and associated improvements, the Department shall pay all property taxes associated with the South Station Property and the improvements thereon. The Department shall be responsible, at its expense (but supported in part by the funding provided by OPA to the Department under this MOU), for the maintenance and repair of the South Station and the South Station Property, including without limitation the interior and exterior of all firehouse facilities located thereon, parking facilities, landscaping, grounds, and other improvements. Such maintenance shall be sufficient to keep the property and facilities and improvements thereon in good condition, free of defects and/or unsightly conditions, and adequate for fire and emergency services conducted therefrom. The Parties agree that the Department’s right to exclusively use and occupy the South Station shall continue, subject to the other terms and conditions hereof, for successive periods of fifty (50) years. So long as the Department is providing fire protection services as required hereunder, the Department shall use, occupy, maintain, and conduct operations from, the South Station, in accordance herewith. The Department’s failure to use, occupy, maintain, and conduct operations from, the South Station, in accordance herewith, shall constitute a material breach of this MOU. Once the Project is completed, no material alterations may be made to the South Station Property improvements, and no additional improvements may be constructed on the South Station Property, without the prior, written approval of OPA. The South Station property may not be sold, assigned, or leased by the Department without OPA’s consent.