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

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and covenants in this Lease shall not be deemed a waiver of any right or remedy that City or District may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained. 42. HOLDING OVER(4.9 SR) In the event City shall continue in possession of the Premises after the term of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease, subject to termination by the District as provided herein. 43. EARTHQUAKE SAFETY (5.0 SR) City accepts the Premises "as is" and "where is" and District offers no warranties or representations whatsoever that the Premises is or has been in compliance with applicable seismic safety regulations and building codes at the time of construction. All such seismic, safety and building regulation compliance is the responsibility of the City. 44. QUIET ENJOYMENT (5.1 SR) District agrees that, subject to the terms, covenants and conditions of this Lease, City may, upon observing and complying with all terms, covenants and conditions of this Lease, peaceably and quietly occupy the Premises. 45. GOVERNING LAW AND VENUE (5.3 SR) This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 46. ATTORNEYS' FEES (5.4 SA) In the event of a dispute between City and District concerning claims arising out of this Lease, or in any action or proceeding brought to enforce or interpret any provision of this Lease or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs. 47. TIME (5.5 SR) Time is of the essence of this Lease. Failure to comply with any time requirements of this Lease shall constitute a material breach of this Lease. 48. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (5.6 SR) A Certified Access Specialist ("CASp") can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards 3/2/2026 Page 25 of 41 Lease Number Agency/Program Standard Revenue Lease Form