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SECTION 5. Owner in Fee. The City covenants that it is the owner in fee of the <br />Site. <br />SECTION 6. Assignments and Subleases. Unless the City shall be in default <br />under the Lease Agreement, the Authority may not assign its rights under this Site Lease or sublet <br />the Site, except as provided in the Lease Agreement, without the written consent of the City. <br />SECTION 7. Right of Entry. The City reserves the right for any of its duly <br />authorized representatives to enter upon the Site at any reasonable time to inspect the same or to <br />make any repairs,unprovements or changes necessary for the preservation thereof. <br />SECTION 8. Termination. The Authority agrees, upon [he termination of this <br />Site Lease, to quit and surcender the Site in the same good order and condition as the same were <br />in at the time of commencement of the term hereunder, reasonable wear and tear excepted, and <br />agrees that any permanent improvements and structures existing upon the Site at the time of the <br />tem»nation of this Site Lease shall remain [hereon and title thereto shall vest in the City. <br />SECTION 9. Default. In the event the Authority shall be in default in the <br />performance of any obligation on its part to be performed under the terms of this Site Lease, <br />which default continues for thirty (30) days following notice and demand for correction thereof to <br />the Authority, the City may exercise any and all remedies granted by law, except that no merger <br />of this Site Lease and of the Lease Agreement shall be deemed to occur as a. result thereof; <br />provided, however, that so long as any Bonds (as defined in the Lease Agreement) are <br />outstanding and unpaid in accordance with the terms thereof, the Lease Payments shall continue <br />to be paid to First Trust California (the "Trustee") except as provided in the Lease Agreement. In <br />addition, so long as any Bonds are outstanding, this Site Lease shall not be terminated. <br />SECTION I0. Quiet Enjoyment. The Authority at all times during the term of <br />this Site Lease shall peaceably and quietly have, hold and enjoy the Site, subject to the provisions <br />of the Lease Agreement and the Trust Agreement. <br />SECTION 11. Waiver of Personal Liability. All liabilities under this Site Lease <br />on the part of the Authority ere solely liabilities of the Authority, and [he City hereby releases <br />each and every member, director and officer of the Authority of and from any personal or <br />individual liability under this Site Lease. No member, director or officer of the Authority shall a[ <br />any time or under any circumstances be individually or personally Gable under this Site Lease for <br />anything done or omitted to be done by the Authority hereunder. <br />SECTION 12. Taxes. The City covenants and agrees to pay any and all <br />assessments of any kind or character and also all taxes, including possessory interest taxes, levied <br />or assessed upon the Site or the improvements thereon (including both land and improvements). <br />SECTION l3. Eminent Domain. In the even[ [he whole or any part of the Site <br />or the improvements thereon is taken by eminent domain proceedings, the interest of the <br />Authority shall be recognized and is hereby determined to be the amount of the then unpaid <br />2 <br />940]3004.L41 <br />