RIVER VIEW GOLF COMPANY - GROUND LEASE 1969

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rsao.~a • ~,:~r 9T44 r~~E861 1 than flood control purposes, LL;SSEE shall have the right to compensation for f;he loss of use of ii:iprovements as provided in 2 C laus e 26 ( EP~'fINENT DOIti1AIN) . 3 Uther provisions of this Lease notwithstanding, the Chief Engineer may require the removal by LLSSi1'E of any or all leasehold improve- 4 ments within the Leased Land upon terminaticn of tYiis Lease. Should the Chief Engineer so require, LESSEE shall promptly 5 comply with the written request of the Chief Engineer to remove those improvements required to be .removed. Said removal shall 6 be wholly at the expense of LESSL;E, and she Leased Land shall be left in the condition required by Clause ~3 (P~~IAINTENANCt!;) after 7 said removal. Should LESSEE fai], to comply with said written request, the Chief Engineer shall take these steps he de erns g necessary to remove said improvements and leave the Leased Land in satisfactory condition, and the cost thereof shall be borne g by LESSEE. If LESSEE should fail to pay said cost within ten (10) days of receipt of written demand therefor from Chief 10 Engineer, said cost shall be assessed against the security ' deposit required by Clause 19 (.SECURITY DEPOSIT) of this Lease. 11 8. T~iAINTENANCE (5.19N) 12 LESSEE shall, to the satisfaction of LESSOR, keep and maintain 13 the Joint Leasehold and all improvements of any kind which may be erected, installed, or made thereon in good and substantial 1~ repair and condition and shall make all necessary repairs and alterations thereto. 15 LESSEE shall maintain the Joint Leasehold in a safe, clean, 16 wholesome, sanitary, and sightly condition, to the complete satis- faction of LESSOR and in compliance with all applicable laws. 17 LESSEE further agrees to provide proper containers for trash and garbage and to keep the Joint Leasehold free and clear of rubbish 18 and litter. LESSOR shall have the right to enter upon and inspect the Joint Leasehold at any time for cleanliness and safety and to 19 impose improved maintenance requirements upon LESSEE. 20 LESSEE expressly agrees to keep Santa Ana River and Santiago Creek flood control facilities located within the Leased Land 21 in a condition satisfactory to the Chief Engineer and to perform ordinary maintenance of said facilities and the Leased Land, 22 including removal of debris and sediment, control of noxious vegetation, cultivation and preservation of turf, replacement 23 of eroded material, and control of burrowing animals. LESSOR sYiall be responsible for repair of substantial damage to existing 24 or future revetments and bank protection works, but LESSEE shall be otherwise responsible ~"'or maintaining functionally 25 adequate flood control facilities within the Leased Land which shall provide a level of protection to adjoining land and a 26 carrying capacity for flood waters at least equal to that which existed at the inception of this Lease or, if LESSOR, by itself 27 or in association with others, increases the level of protection provided by and/or the capacity of the flood control facilities 28 which occupy the Leased Land, as provided herein, LESSEE shall, thereafter, be responsible for maintaining said increased level 29 of protection and/or capacity for the remainder of the Lease Term. The requirements of this paragraph shall be s~~b~ect to the 30 provisions of Clause 25 (DA;~'iAGE TO OR DESTRUCTION OF IMPRGVEi~1EN`i~5 ) . 31 At the termination oi' this Lease LESSEE shall have the obligation to leave the Leased Land in a safe, clean, wholesome, sanitary, 32 and sigY~tly condition and to leave tree flood control facilities -6-