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<br />hereto, and no deviations therefrom shall be permitted unless first approved in writing by <br />Lessor. <br />c. Ongoing Tree Maintenance: Lessee agrees to maintain the trees within the Premises in <br />accordance with the Tree Hazard Evaluation Program, as detailed in Exhibit “C”, <br />attached hereto and made a part hereof. <br />d. Riparian Area Tree Removal: Lessee shall not remove any tree within fifty (50) feet of <br />the creek or riparian area without prior written approval by Lessor. <br />e. Damage or Destruction of Improvements: Should any of the Premises be damaged or <br />destroyed, Lessee agrees that it is fully liable for the repair and/or replacement of all <br />fixtures, improvements, facilities, structures, utilities, and park features within the leased <br />Premises. The parties further recognize that Lessee will maintain insurance, at the levels <br />detailed in Section 22. <br /> <br />8. INSPECTION BY LESSOR <br />Lessor will conduct a minimum of quarterly inspections of the Premises and all structures, <br />facilities, and property thereon to ensure compliance with Lessee’s Operation Plan; that all tree <br />maintenance is completed as necessary under the Tree Hazard Evaluation Program; and that the <br />provisions of this Lease are observed and performed by Lessee. <br />Lessor, at its sole determination, may determine more inspections are necessary if inadequate or <br />unsafe conditions are discovered. Further, Lessor may issue a notice to cure default, in <br />accordance with Section 23 below if it is determined Lessee is not adhering to the terms and <br />conditions set forth within this Lease. <br />9. DEVELOPMENT AND OPERATING PLAN UPDATES <br />Prior to the commencement of any new work (e.g. new structures, trails, parking lots, or other <br />proposed land changes) by Lessee upon the Premises, Lessee shall submit in writing to Lessor <br />for review and approval, Lessee's development and operating plan for such improvements, <br />including the management principles, procedures, and practices to be followed by Lessee in the <br />development and operation of the improvements. Lessee shall not commence any work until <br />Lessee's said program has been reviewed and approved in writing by Lessor. <br />10. UTILITIES <br />Lessee agrees to furnish at Lessee’s sole cost and expense, all water, gas, heat, light, power, and <br />all other utilities and operating infrastructure required at the Premises. <br />11. LESSOR’S RIGHTS TO USE OF PREMISES <br /> <br />a. Lessor reserves the right to use the Property, including the area delineated on Exhibit A, <br />at any and all times, for Lessor’s operations and shall at all times during the Term of this <br />538