SANTA ANA UNIFIED SCHOOL DISTRICT (12) -2002

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• • the National Park Service (NPS) that the proposed uses of the Premises comply with the deed restrictions of record on the property, and further subject to the Joint Use Agreement between City and District. District shall notify the National Park Service at the following address in the event District exercises this option: Gary Munsterman, Federal Lands and Parks Coordinator, 1111 Jackson Street, Suite 700, Oakland, California 94607. 9. Construction, Removal and Modification of Joint Use Facilities. The City shall have no right to modify, demolish or otherwise alter the Property or any of the Joint Use Facilities, or to add any new structures or improvements to the Property. The District may at its expense expand, modify, remove, demolish or otherwise alter the Property or any of the Joint Use Facilities, or may construct additional Joint Use Facilities and improvements upon the Property, in the District's discretion as it deems necessary or appropriate to accomplish the District's educational goals and obligations, provided that so long as the Joint Use Facilities are located on the Premises they will contain the minimal improvements set forth in Section 5. 10. Damage and Destruction of Joint Use Facilities. In the event of damage to or destruction of any of the Joint Use Facilities, the District shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) the District reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Lease and any related deductible amounts; (b) the damage or destruction occurs within the last five (5) years of the Term; or (c) the District reasonably determines that the repair or rebuilding will interfere with the District's educational goals and obligations. If any of the foregoing circumstances exist, then the District may, not later than one - hundred eighty (180) days after the date of said damage or destruction, notify the City of the District's intent not to repair or rebuild the damaged or destroyed Facility. If the District so notifies the City, then the Lease with respect to the portion of the Premises underlying said Facility shall immediately terminate, or if the District has exercised its option in Section 8, that portion shall revert to City ownership. 11. Indemnification. The indemnity provisions found in Section 14 of the Joint Use Agreement shall apply to this Lease as well. 12. Acceptance of Property "As Is ". District accepts the Property from City in "As Is" condition, subject to approval of the site by the CDE and the Department of Toxic Substances Control of the State of California, as required for use of the Property by District. City agrees to promptly make available to the District all of its records related to the Park and the Premises for review. 13. Indemnification Regarding Hazardous Material. District covenants and agrees to indemnify City from and against any contamination of the Property with Hazardous Materials by District occurring after commencement of this Lease. District further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this Lease related to the existence of Hazardous Materials (from whatever cause) on the Property or in the groundwater on or under the Property except for: (1) the cost of any remediation of Hazardous Materials deposited in the soils of the Property by the City or its employees, agents 7