RIVER VIEW GOLF COMPANY - GROUND LEASE 1969

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f ~ • reno~~~ ` ~; ~~ ~7t~.4 rAGE8~2 1 within the Leased Land in the state of maintenance and functional adequacy required in the preceding paragraph. 2 Should LESSEE default iri its responsibility to keep and maintain 3 the Leased Land and the flood control facilities located thereon in the condition required hereby, the Chief Engineer may give 4 LESSEE written notice of said default, and LESS}~E must, within a reasonable time thereafter, correct the default to the satis- 5 faction of the Chief Engineer or the Chief Engineer shall have. the right to correct the default or cause it to be corrected 6 by others and to charge the total cost of correction to LESSEE. Should the default be one deemed by the Chief Engineer to repre- 7 sent a substantial hazard to public safety, and the notice to LESSEE so states, LESSEE must immediately correct the default $ upon notification by the Chief Engineer or the Chief Engineer shall have the right to correct the default or cause it to~ 9 be corrected by others and to charge the total cost of correction to LESSEE. 10 In the event the Chief Engineer corrects a default of LESSEE 11 or causes it to be corrected by others as provided above, LESSEE shall pay the cost of correction within ten (10) days of receipt 12 from the Chief Engineer of a written accounting of said cost. 13 9. RESERVATIONS TO LESSOR (8.129N) 14 The Leased Land is accepted by LESSEE subject to any and all existing easements or other encumbrances. LESSOR reserves the 15 right to grant franchises, easements, rights of way, and permits in, over, upon, along, or across any and all portions of said 16 Leased Land; provided, said right shall be exercised so as not to interfere unreasonably with LESSEE'S operations hereunder 17 or to substantially impair the security of any deed of trust or other obligation of LESSEE secured by the Leasehold or any 18 interest therein. 19 LESSOR agrees that rights granted to any party as provided in this clause shall contain previsions that the surface of the 20 land be restored to its original condition or as near thereto as reasonably possible upon completion of any construction. 21 LESSOR reserves the right to perform emergency flood control 22 operations of any and every kind within or along the Santa Ana River and Santiago Creek where in the opinion of the Chief Engineer 23 a condition dangerous to life or property is impending or exists. LESSOR shall incur no liability to LESSEE by reason of such 24 operations or the results thereof. 25 Six (6) months after written notice to LESSEE, LESSOR, acting alone or with or through others, including the United States of 26 America acting through any of its agencies, may undertake flood control channel improvement work within the Leased Land and 27 shall incur no liability to LESSEE for loss of business, destruction of golf course facilities or other improvements, impaired utility 2g of the Leased Land for golf purposes, or for any other reason, except negligence. LESSOR shall, however, in the development 29 and implementation of channel improvement plans , give full con- sideration to minind.zirig the effect on LESSEE'S operations within 30 the Leased Land. 31 LESSOR or the County of Orange or any other public entity may, without incurring liability to LESSEE, replace, widen, strengthen, 32 or otherwise modify the Garden Grove }3oulevard bridge across the -7-