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<br />property situated in the City of Santa Ana, Orange County, State of California, more <br />particularly described in Exhibit A attached hereto and made a part hereof (the "Site"). <br /> <br />Section 3. Term. The term of this Site Lease shall commence on . 2005, and <br />shall end on , 20~ unless such term is extended or sooner terminated as <br />hereinafter provided. If, on , 20~ the aggregate amount of Lease Payments (as <br />defined in and as payable under the Lease Agreement) shall not have been fully paid, or <br />provision shall not have been made for their payment, then the term of this Site Lease shall be <br />extended until such Lease Payments shall be fully paid or provision made for such payment. If, <br />prior to , 20~ all Lease Payments shall be fully paid or provision made for such <br />payment in accordance with the Lease Agreement, the term of this Site Lease shall end ten (10) <br />days thereafter. <br /> <br />Section 4. Advance Rental Payment. The City agrees to lease the Site to the Authority in <br />consideration of the payment by the Authority of a advance rental payment of $ . The <br />City and the Authority agree that, by reason of the assigrunent of the Lease Payments to the <br />Assignee and the Assignee's payment to or to the order of the Authority pursuant to the <br />provisions of the Assignment Agreement, the advance rental payment referenced in the <br />preceding sentence shall be deemed to have been paid. <br /> <br />Section 5. Purpose. The Authority shall use the Site solely for the purpose of leasing the <br />Site and the Improvements to the City pursuant to the Lease Agreement and for such purposes <br />as may be incidental thereto; provided, however, that in the event of default by the City under the <br />Lease Agreement, the Authority and its assigns may exercise the remedies provided in the <br />Lease Agreement, including, without limitation, the right to re-lease the Site and the <br />Improvements to a third party for any lawful purpose. <br /> <br />Section 6. City's Interest in the Site. The City represents and warrants to the Authority <br />and its assigns that it is the owner in fee of the Site and that the Site is free and clear of all liens <br />and encumbrances other than Permitted Encumbrances. The Site constitutes a legal parcel and <br />has access to a physically open street. <br /> <br />Section 7. Assignments and Subleases. Unless the City shall be in default under the <br />Lease Agreement, the Authority may not assign its rights under this Site Lease or sublet the <br />Site, except to the Assignee or as otherwise provided in the Lease Agreement, without the <br />written consent of the City. <br /> <br />Section 8. Right of Entry. The City reserves the right for any of its duly authorized <br />representatives to enter upon the Site at any reasonable time to inspect the same or to make any <br />repairs, improvements or changes necessary for the preservation thereof. <br /> <br />Section 9. Termination. The Authority agrees, upon the termination of this Site Lease, to <br />quit and surrender the Site in the same good order and condition as the same were in at the <br />time of commencement of the term hereunder, reasonable wear and tear excepted. <br /> <br />Section 10. Default. In the event the Authority shall be in default in the performance of <br />any obligation on its part to be performed under the terms of this Site Lease, which default <br />continues for thirty (30) days following notice and demand for correction thereof to the <br /> <br />-2- <br />