Agmt 2002 American Golf Corp - Laserfiche WebLink

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portion of the Rent Credits not applied after February 2005 shall be paid by Lessor to Lessee on or before August 31, 2005 (but only up to the amount actually spent by Lessee on the Lessee Work as evidenced by invoices submitted by Lessee to Lessor). Any and all costs and expenses incurred by Lessee to perform the Lessee Work (including, without limitation, Iabor costs) shall be subject to reimbursement through the Rent Credits, notwithstanding the performance of a portion of such work and the incumng of costs and expenses prior to the execution of this amendment. The Rent Credits shall not exceed $1,000,000.00. 4. Marina Park Maintenance. Commencing August 1, 2002, Lessee shall reasonably maintain, at a level substantially consistent as of the date of this amendment with City parks comparable to Marina Park, the following areas (the "Marina Park Areas"): (i) all turf areas at Marina Park; (ii) all turf areas on the street medians adjacent to Monarch Bay Golf Club along Fairway Drive; and (iii) all turf areas on the street medians adjacent to Monarch Bay Golf Club along Monarch Bay Drive. Maintenance shall include irrigation, irrigation day-to-day routine repairs, mowing, edging, string trimming, fertilization and other practices determined by Lessee to be reasonable and necessary in connection with turf maintenance. Maintenance shall not include capital repairs, replacements or extraordinary expenses. In this respect, Lessor, at its sole cost and expense and as a condition to Lessee's maintenance obligations, shall perform all non- routine irrigation system repairs. Lessee's maintenance obligations with respect to the Marina Park Areas, as set forth in this amendment, shall continue as long as the Lease, as amended by this amendment, remains in full force and effect, unless Lessee's maintenance obligations are sooner terminated as set forth in this amendment. 5. Marina Park Access and Cooperation. Lessor grants to Lessee a license to enter, access and use the Marina Park Areas as reasonably required for Lessee to perform its maintenance obligations as set forth in the preceding paragraph (the "License"). If, for any reason whatsoever, Lessor revokes or terminates the License, Lessee's maintenance obligations shall concurrently and automatically terminate. Lessor shall reasonably cooperate with Lessee to permit Lessee to discharge Lessee's maintenance duties and obligations. 6. Use of Effluent Water. 6.1 If, during the term of the Lease, as amended by this amendment, effluent water becomes available for use on the Golf Facility and the Marina Park Areas, and if such effluent water meets all local, state and federal requirements for use of spray irrigation on public recreation turf and golf courses, Lessee, subject to Section 6.2 below and the performance by Lessor of its obligations under this Section 6.1, shall use the effluent water in the Marina Golf Course Lake to irrigate the Golf Facility and the Marina Park Areas. Lessor grants to Lessee the right to use, at no cost and for so long as the Lease, as amended by this amendment, remains in effect, the effluent water in the Marina Golf Course Lake for the purposes set forth in this amendment. Lessor, at its sole cost and expense, shall install and maintain the appropriate irrigation infrastructure (including any upgrades or additions to the pumping systems used to deliver the water) to access the effluent water in the Marina Golf Course Lake. In addition, Lessor shall provide to Lessee, at Lessor's sole cost and expense, all utilities (including 7185000185-1283547.4 -2-