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

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or a sum equal to one hundred percent(100%) of the gross revenue derived from such unpermitted activity. The existence of this charge or the payment or receipt of money under this Clause does not constitute authorization for City to continue such activity nor does it constitute a waiver of District's right to require City to terminate such activity. The Parties agree that District's actual damages in the event of such a breach of this Lease would be extremely difficult or impossible to determine; therefore, an amount equal to the greater of Five Hundred Dollars ($500) or a sum equal to one hundred percent (100%) of the gross revenue derived from such activity has been negotiated and agreed upon by the Parties as the best estimate of District's reasonable damages. The Parties agree that Rent and Additional Rent shall be absolutely net to District and that, except as otherwise provided herein, City will pay all costs, charges, insurance premiums, taxes, utilities, expenses and assessments of every kind and nature incurred for, against or in connection with the Premises which arise or become due during the Term or any Extension Term as a result of City's use and occupancy of the Premises. Under no circumstances is District obligated or required to make any payment of any kind whatsoever or be under any other obligation or liability under this Lease except as expressly provided in Clause 15 (OBLIGATIONS OF THE DISTRICT). 10. RENT PAYMENT PROCEDURE (2.0 SR) Rent payments shall be identified within the payment instrument as River View Lease Payment along with the Lease number as shown in the header or footer of this document and shall include the month and year such payment applies to. Rent payments shall be delivered to: Orange County Treasurer-Tax Collector Revenue Recovery/Accounts Receivable Unit P.O. Box 4005 Santa Ana, California 92702-4005 All sums due under this Lease shall be paid in lawful money of the United States of America, without offset or deduction or prior notice or demand. Rent payments must be made by check payable to the "Orange County Flood Control District." District may change the designated place of payment and filing at any time upon ten(10)calendar days'written notice to City. City assumes all risk of late payments if checks are unidentified, or lost, if payments are made by mail. No payment by City or receipt by District of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and District shall accept such check or payment without prejudice to District's right to recover the balance of the amount due or pursue any other remedy in this Lease. Nor shall District's acceptance of a lesser amount due or delay in pursuing full payment act as a legal bar against District's recovery of any amount due under this Lease. 11. CHARGE FOR LATE PAYMENT (2.1 SR) City hereby acknowledges that the late payment of Rent or any other sums due hereunder will cause District to incur costs not contemplated by this Lease, the exact amount of which will be 3/2/2026 Page 5 of 41 Lease Number Agency/Program Standard Revenue Lease Form