RIVER VIEW GOLF COMPANY - GROUND LEASE 1969

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~i ~ ~ • ~. ~~ 9~'~~ r~~~ g~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1s 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Should LESSEE elect to terminate this Lease as provided above, it shall be the obligation of I~ESSI~'E to leave the Leased Land in a condition acceptable to the Chief' Engineer. `I.'his obligation includes the requirement that the Leased Land be left in a safe, clean, wholesome, sanitary, and sightly condition as well as the requirement that flood control facilities within the Leased Land be left in the state of maintea~ia.nce and functional adequacy stipu- lated in Clause 8 (I~nAINTEiJAhICL;) of this Lease. LESSOR shall retain the security deposit required as a condition of this Lease until the Chief Engineer shall have determined that the Leased Land and flood control facilities therein have been left in the condition required by this Lease. Should LESSEE fail to leave the Leased Land and flood control facilities in accept- ab le condition, the Chief Engineer shall take those steps he deems necessary to place the Leased Land and flood control facilities in such condition, and the cost thereof shall be borne by LESSEE. If LESSEE should fail to pay said cast within ten (10) days after receipt of i~aritten demand therefor from~the Chief Engineer, said cost shall. be assessed against said security deposit, and LESSEE shall have no recourse therefor. In the event of early termination of this Lease as provided above, Clause 7 (OWNERSHIP OF IP~7PROVEI~IEi~1TS ) notwithstanding, LESSEE shall have the right to remove and salvage improvements cahich it has placed upon the Leased Land; except, no improvement may be removed, the removal of ~rhich 1) decreases the water carrying capacity of Santa Ana River and Santiago Creek channels belova that required to be maintained by LESSEE as a condition of this Lease, 2) adversely affects the integrity of said channels, or 3) reduces the level of flood protection afforded adjoining land by said channels . LESSOR shall have the right upon early termination of this Lease to require removal of Leasehold improvements from the Leased Land by LESSEE as provided in Clause 7 (0?~INERSHIP Or^ II~ZPROVE~~'IENTS } . 24. QUITCLAIlti1 OF LEASEHOLD UPON TERMINATION (~+.89N) Upon termination of this Lease for any reason, including but not limited to termination because of default by LESSEE, LESSEE shall execute, acknowledge, and deliver to LESSOR, vaithin thirty (30) days after receipt of a written demand therefor, a goad and suf- ficient deed whereby all right, title, and interest of LESSEE in the Leased Land is quitclaimed to LESSOR. Should LESSEE fail or refuse to deliver the required deed to LESSOR, LESSOR may prepare and record a notice reciting the failure of LESSEE to execute, acknowledge, and deliver such a deed and said notice shall be conclusive evidence of tre termination of this Lease and of all rights of LESSEE or those claiming under LESSEE in and to the Leased Land. 25 . DAPnAGE TO OR DESTRUCTION OF II~ZPROVEI~riENTS ( 5 .19N ) In the event of damage to or destruction of improvements located upon the Leased Land or the Jo3.nt Leasehold, or in the event improvements located upon the Leased Land or Joint Leasehold are declared by a pub lic entity with the authority to enforce such declaration to be unsafe cr unfit for use or occupancy and this Lease is not terminated as provided herein, LESSEE shall, within thirty (30) days, commence and diligently pursue to com- pletion the repair, replacement, or reconstruction of improve- ments necessary to permit full use and occupancy of the Joint Leasehold for purposes permitter? by this Lease. repair, replace- ment, or reconstruction of improvements within the Leased Land reeo•is I) -21-