Item 08 - River View Golf Course Land Lease with Orange County Flood Control District

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City agrees to reimburse and indemnify, and defend District for any expenses incurred because of the failure of the Premises to conform with any and all applicable laws,rules,regulations,building codes, statutes, and orders, including the costs of making any alterations, renovations, or accommodations required by the ADA, or any governmental enforcement agency, or any court, any and all fines, civil penalties, and damages awarded against District resulting from a violation or violations of the above-cited laws, rules, regulations, building codes, statutes, and orders and regulations, and all reasonable legal expenses incurred in defending claims made under the above- referenced laws, rules, regulations, building codes, statutes, and orders, including reasonable attorneys' fees. Should City fail to comply with the provisions of this Clause 26, City may be found in City Default and the District may exercise those remedies set forth in Clause 32 (DEFAULTS AND REMEDIES). 27. DAMAGE TO OR DESTRUCTION OF CITY IMPROVEMENTS (3.5 SR) City Improvements shall be maintained at the sole risk of the City, and District shall not be liable for any loss of or damage to said property resulting from any cause whatsoever unless such loss or damage is the result of District's negligence or willful misconduct and not otherwise waived pursuant to Clause 4 (DISTRICT'S USE RESERVATIONS AND RIGHT OF ENTRY) above. As a result of use by the City and in the event of damage to or destruction of City Improvements located within the Premises or in the event City Improvements located within the Premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, City shall, within thirty (30) days, commence and diligently pursue to completion the repair, replacement, or reconstruction of City Improvements to the same size and area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Premises for the purposes required by the Lease. Repair, replacement, or reconstruction of City Improvements within the Premises shall be accomplished in a manner and according to plans approved by the Director. Except as otherwise provided herein, termination of this Lease shall not reduce or nullify City's obligation under this paragraph. With respect to damage or destruction to be repaired by District or which District elects to repair, City waives and releases its rights under California Civil Code Sections 1932(2) and 1933 (4). District shall not be liable for any damage to City Improvements located on the Premises, nor for the loss of or damage to any improvements of City or others by theft or otherwise. All improvements of City located or kept on the Premises shall be so kept or located at the risk of City unless such damage is caused by District willful misconduct or gross negligence. 28. CITY PERSONAL PROPERTY City personal property kept or stored on the Premises shall be kept or stored and maintained at the risk of City and District shall not be liable for any loss of or damage to said property resulting from any cause whatsoever unless such loss or damage is the result of District's negligence or willful misconduct and not otherwise waived pursuant to Clause 4(DISTRICT'S USE RESERVATIONS AND RIGHT OF ENTRY) above. If City abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises fifteen (15) days after such 3/2/2026 Page 20 of 41 Lease Number Agency/Program Standard Revenue Lease Form