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<br />Santa Ana River Channel <br />EOI-RI552 <br /> <br />In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair, <br />alteration, or installation, TENANT shaIl either: <br /> <br />A. Record ~ valid Release of Lien, or <br /> <br />B. Procure and record a bond in accordance with Section 3143 or 3196 of the Civil Code, which frees the <br />Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien. <br /> <br />Should TENANT fail to accomplish one of the two actions above within fifteen (15) days after the file of <br />such a lien or stop-notice, the Lease shall be in default and shall be subject to immediate termination. <br />Such termination, however, shall not relieve TENANT from any of its obligations set forth in this Section. <br /> <br />10. "AS-BUILT" PLANS (PMD5.2 N) <br /> <br />Within 60 days following completion of any substantial improvement within the Premises, TENANT shaH <br />furnish Director a complete set of reproducible mylars and two sets of prints of "As-Built" plans. <br />TENANT shaH also furnish Director with all CAD data stored on compact disc ROM as "read only" files, <br />which shall be in one ofthe following software formats, the version of which shaH be subject to Director's <br />approval: <br /> <br />· Micro Station DGN format; Microsoft Windows based system <br />· AutoCAD DXF format; Microsoft Windows based system <br />· Other (generic DXF format; Microsoft Windows based system. <br /> <br />All CAD files are also to be converted to Acrobat Reader (* .pdf format), which shall be included on CD <br />ROM. No other formats are acceptable. Director reserves the right to reject CAD files delivered in any <br />other formats not specified above. <br /> <br />11. CONSTRUCTION AND/OR ALTERATION BY DISTRICT (N) <br /> <br />Except in an emergency found to exist by DISTRICT, if DISTRICT intends to disturb the surface or <br />subsurface of the Premises, then Director shall give TENANT not less than thirty (30) calendar 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 /> <br />In the event DISTRICT finds 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 Lease shaH be to backfiH 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 shaH have no responsibility or liability under this Lease for restoring <br />improvements owned, constructed, placed or permitted by TENANT 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 /> <br />171h Street Triangle Lease (07.01.09) <br /> <br />3 <br />