4.2 PUBLIC USE. In addition to providing facilities for use in bicycle club activities, <br /> which activities are deemed to' be a public use, Emerald Valley shall provide the general <br /> public access to and use of the motocross track on non -club and non -event days. Said public <br /> access and use shall be provided at least four (4) days a week throughout the term of this <br /> lease, except those weeks in which Emerald Valley and the facility host regional and national <br /> bicycle motocross events. In said weeks, Emerald Valley shall reasonably provide public <br /> access to and use of the facility that does not conflict with club or event use of the facility. <br /> Emerald valley shall observe all state and federal laws regarding discriminatory practices in <br /> the provision of said public use. <br /> 4.3 SOUND EQUIPMENT. Emerald Valley shall comply with all applicable local, <br /> state and federal regulations regarding sound emission. Emerald Valley shall make every <br /> attempt to cooperate with nearby landowners to ensure sound equipment on the premises <br /> is designed, oriented and operated to avoid, or minimize to the extent practicable, impacts <br /> on said landowners. <br /> SECTION 5. TAXES AND ASSESSMENTS; UTILITIES <br /> 5.1 PAYMENT BY LESSEE. Emerald Valley shall pay before delinquency all real <br /> and personal taxes (if any assessed by the Lane County Assessor for non - public use), general <br /> and special assessments, and other charges of every description levied on or assessed against <br /> the property, improvements located on the Premises or personal property or fixtures located <br /> on the Premises or in the improvements during the lease term. Emerald Valley shall make <br /> ( all such payments directly to the taxing authority. If any such tax, assessment or charge may <br /> be paid in installments, Emerald Valley may elect to do so as long as each installment <br /> together with interest is paid before it becomes delinquent. - <br /> 5.2 PROOF OF COMPLIANCE. Emerald Valley shall furnish to County receipts <br /> or other proof of payment of taxes and assessments within 30 days after written request from <br /> time to time by County. <br /> 5.3 UTILITIES. Emerald Valley shall pay when due all charges for electricity, natural <br /> gas, water, sewage, telephone, refuse collection and all other services or utilities in <br /> connection with the Premises. <br /> SECTION 6. MAINTENANCE; ALTERATIONS <br /> 6.1 MAINTENANCE. Emerald Valley shall maintain the Premises and all <br /> improvements in first class condition and repair throughout the term of this lease, ordinary <br /> wear and tear excepted, in accordance with SECTION 4. hereinabove, and in accordance <br /> with all applicable laws, rules, regulations and ordinances of federal, state, county, municipal <br /> or other governmental agencies having or claiming jurisdiction. <br /> WP bc/sc/00129/C 4 <br />