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1 1. t'ONS'I'RUC:'r.ION AND/OR AI..TERA,r[ON BY )ISTRIC"r (N) <br />Iixcept in an emergency found to exist by DISTRICT, if I:7I TRICT intends to disturb the surface or <br />subsurface of the Premises, then Director shall give'I`ENANT not less than thirty (30) catendar days' prior <br />written notice specifying the date of such entry, the duration thereof, and the nature of" the work to be <br />performed by DISTRICT. <br />In the event DISTRICT Funds it necessary to enter on and disturb the surface or subsurface of the Premises <br />in order to maintain, repair, reconstruct, replace, improve or enlarge DISTRICT'S Flood Control Channel <br />or facilities, DISTRICT'S only responsibility under this Lcase shall be to backfill the affected portion of <br />the Premises with compacted earth to the grade of the surrounding property following completion of <br />DISTRICT'S activity. DISTRICT shall have, no responsibility or liability under this Lease for restoring <br />improvements owned, constructed, placed or permitted by "rE;NANT within, upon, under or above the <br />Premises which by design are disturbed, altered or destroyed as the result of DISTRICT'S planned <br />maintenance, repair, reconstruction, replacement, improvement or enlargement of DISTRICT'S Flood <br />Control Channel or facilities, however, DISTRICT shall endeavor to minimize any damage, disruption or <br />extirpation of any park improvements during such DISTRICT activities. <br />12. OWNERSHIP OF IMPROVEMENTS (PMD6.I N) <br />All improvements and facilities constructed or placed on or within the Premises by'1'I{NAN"f must, upon <br />completion, be free and clear of all liens, claims, or liability for labor or material and at DISTRIC'T'S <br />option shall become the property of DISTRICT at the expiration of this Lease or upon earlier termination <br />hereof. DISTRicr retains the right to require TENANT, at TENANT'S cost, to remove any or all of <br />TENANT'S improvements located within, upon, under, or above; the Premises at the expiration or <br />termination hereof. TI NANI' agrees that should DISTRICT require removal of said improvements, <br />TENANT shall: (i) remove the improvements at TENANTS cost within sixty (60) days of being notified <br />by DISTRICT, (ii) leave the Premises in a safe, clean, sanitary mid sightly condition; (iii) leave any <br />excavated area compacted to ninety percent (5€(}%) compaction and (iv) replace any erosion control. <br />landscaping that may have been destroyed or removed as the result of any of the aforesaid activities. <br />13. uut,ITIEB (PMF1.1 N) <br />TENANTshall construct, or cause to be constructed, all necessary utility facilities to be used by'FENANT <br />within the Premises and shall be responsible for and pay, prior to the delinquency date, all charges for <br />utilities used by "TENANT on the Premises. <br />Ana (2iv, (';i"Tw Q1 (f'(}1 552? <br />171 SUC 1rjun ie.Cease(RIN 10)2920088) 4 <br />20C-8