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nationally recognized association promoting bicycle motocross purposes. Annually, Emerald Valley <br /> shall provide City with a calendar of all events scheduled at that time and shall notify City of any <br /> changes. Emerald Valley shall provide City no less than 30 days' notice regarding any event, <br /> including but not limited to district, regional or national events to be hosted by Emerald Valley, that <br /> is beyond the scope of its usual, local activities. <br /> Emerald Valley shall have the authority and responsibility to maintain and develop the <br /> Premises consistent with the function and goals of BMX and Emerald Valley. Emerald Valley shall <br /> develop and maintain the track site and facilities adequately for Emerald Valley to remain in good <br /> standing with and sanctioned by the American Bicycle Association, or other nationally recognized <br /> sanctioning body, for any and all events. Emerald Valley may make legal use of lights and a public <br /> address system. <br /> 4.2 Public Use. In addition to providing facilities for use in bicycle club activities, which <br /> activities are deemed to be a public use, Emerald Valley shall provide the general public access to <br /> and use of the motocross track on non -club and non -event days. Said public access and use shall be <br /> provided at least four (4) days a week throughout the term of this lease, except those weeks in which <br /> Emerald Valley and the facility host regional and national bicycle motocross events. In weeks when <br /> Emerald Valley is hosting such events, Emerald Valley shall reasonably provide public access to and <br /> use of the facility that do not conflict with club or event use of the facility. Emerald Valley shall observe <br /> all state and federal laws regarding discriminatory practices in the provision of said public use. <br /> 4.3 Sound Equipment. Emerald Valley shall comply with all applicable local, state and <br /> federal regulations regarding sound emission. Emerald Valley shall make every attempt to cooperate <br /> with nearby property owners to ensure sound equipment on the Premises is designed, oriented and <br /> operated to avoid, or minimize to the extent practicable, impacts on said property owners. <br /> 4.4 Advertising. Emerald Valley may not post any paid advertising on the Premises <br /> without the prior written approval of City, which City may grant or deny in its sole discretion. <br /> 4.5 Parking. Emerald Valley may provide on- premises parking for BMX events. If <br /> additional parking is necessary and Emerald Valley desires to use other City -owned property for that <br /> purpose, it shall seek a permit from City. This agreement does not authorize Emerald Valley to sell <br /> or otherwise charge for parking for events other than BMX or BMX - related events. Any such use <br /> of the Premises shall be separately negotiated with City. <br /> Section 5. Taxes and Assessments; Utilities. <br /> 5.1 Payment by Lessee. Emerald Valley shall pay before delinquency all real and <br /> personal taxes, if any are assessed; general and special assessments; and other charges of every <br /> description levied on or assessed against the property, improvements located on the Premises or <br /> personal property or fixtures located on the Premises during the lease term. Emerald Valley shall <br /> make 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, so long as each installment together with <br /> interest is paid before it becomes delinquent. <br /> Lease - Page 3 DRAFT - FOR DISCUSSION ONLY- 9/4/02 <br />