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5. Condition of Premises. Lessee'expressly represents that <br />Lessee has inspected the premises and accepts the premises in <br />their currex]t condition, including its propens.ity to flood. <br />Lessee agrees that the City shall not be required to make any <br />improvements or repairs whatsoever in or upon the premises. <br /> <br /> 6. Improvements, Repairs and Maintenance. Lessee may make <br />such improvements and/or repairs to fences, corrals, and such <br />other improvements as exist on the premises as Lessee deems <br />appropriate and necessary, at Lesseets sole expense. Lessee <br />agrees to keep the premises safe and in good condition at all <br />times during the term of this lease, free from all nuisance and <br />dangerous and defective conditions. Upon termination of the <br />lease, Lessee shall quit and surrender possession of said <br />premises quietly and peaceably and in as good order and condition <br />as the premises were at the commencement of the lease, reasonable <br />wear and tear excepted. If the premises are used for <br />agriculture, Lessee agrees to disc the premises and leave it free <br />of any and all stubble prior to the expiration of the lease. <br /> <br /> 7 Water. Lessee understands and agrees that no water is <br />available for irrigation. Water for livestock is available and <br />will be metered by the City and billed at prevailing rates to <br />Lessee. <br /> <br /> 8. Non-assignment. Neither the leased premises nor any <br />portion thereof shall be sublet or assigned. <br /> <br /> 9. Liability Insurance. Lessee agrees to deliver to City <br />upon the execution of this lease two executed copies of a <br />continuing public liability and property damage insurance policy <br />satisfactory to City, indemnifying and holding City harmless <br />against any and all claims, in the amount of FIVE HUNDRED <br />THOUSAND DOLLARS ($500,000) for injury to any one person, aAd ONE <br />HUNDRED THOUSAND AND NO/100THS DOLLARS ($100,000) for property <br />damage, or such lesser amount as approved by the City Manager and <br />shall keep the same in force during the term of this lease. <br /> <br /> 10. Indemnity. Lessee shall hold City harmless from any <br />loss, cost or damage that may arise out of or in connection with <br />this lease or the use of the premises by Lessee, or his agents, <br />or employees, or any other person using said premises. <br /> <br /> 11. City May Enter. Lessee agrees that the City, its <br />agents, employees, or representatives, may enter upon said <br />premises at any time during the term or any extension thereof for <br />the purpose of inspection, digging test holes, making surveys, <br />taking measurements and doing similar work necessary for the <br />preparation of plans for the construction of buildings or <br />improvements on the premises, with the understanding that said <br />work will be performed in such a manner as to cause a minimum of <br />interference with the use of the property by Lessee. <br /> <br /> 12. Successors in Interest. All of the terms covenants, <br />conditions contained herein shall continue and bind all <br />successors in interest of the Lessee. <br /> <br />and <br /> <br />- 2 - <br /> <br /> <br />