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8. Assignment: <br /> Lessee shall not be allowed to transfer or assign to a successor the rights for the construction <br /> and/or operation of the BMX Park without the specific written approval of Lessor's Board of <br /> Directors,which approval shall lie in the Lessor's sole reasonable discretion. This Lease and <br /> each and all of the covenants herein contained shall inure to the benefit of and be binding <br /> upon the successors and assigns of the respective parties hereto. <br /> 9. Abandonment by Lessee: <br /> If Lessee shall,for a period of at least 120 consecutive days,fail to use or maintain the BMX <br /> Park or any portion thereof, then all rights of Lessee in and to such portions not used or <br /> maintained shall immediately terminate, at Lessor's sole discretion. <br /> Lessee shall at its sole cost be required to remove and restore Lessor's property to its original <br /> condition. <br /> 10. The BMX Park Improvement Maintenance: <br /> Lessee shall maintain at its sole expense and cost any and all improvements related to the <br /> construction, reconstruction, maintenance, operation removal and use of the BMX Park. <br /> Under no circumstances shall the Lessor be responsible for any of these costs. Improvements <br /> may include, but are not limited to, fencing, utilities, restrooms, staging, signage, paving, <br /> lighting and gates. <br /> Lessee shall be responsible for all police,fire and medical responses at or related to the BMX <br /> Park. Lessee shall keep the BMX Park in a neat and clean condition, free of litter and <br /> graffiti. As used in this section,the term "litter" shall include,but not be limited to,paper, <br /> garbage,refuse,dead animals,trimmings and other items that detract from the neat and tidy <br /> appearance of the BMX Park. <br /> Lessee shall be responsible for the installation of irrigation and landscaping along that <br /> portion Stanley Boulevard that will front the BMX Park in a manner consistent with and <br /> comparable to such improvements along Stanley Boulevard required of California Splash. <br /> The parties hereto estimate that the total cost to undertake this approximately 400 lineal foot <br /> section will not exceed$25,000 in 2004 dollars. In the event the cost exceeds$25,000,the <br /> parties will negotiate in good faith to redesign the landscaping required of California Splash <br /> along Stanley Boulevard in a manner to reduce Lessee's cost below $25,000. <br /> U.ISl bmx.1.doc <br /> Last printed 11/17/2004 1:49 PM <br /> 6 <br />