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5.2 Proof of Compliance. Emerald Valley shall furnish to City receipts or other proof <br /> of payment of taxes and assessments within thirty (30) days after written request from time to time <br /> by City. <br /> 5.3 Utilities. Emerald Valley shall pay when due all charges for electricity, natural gas, <br /> water, sewage, telephone, refuse collection and all other services or utilities in connection with the <br /> Premises. <br /> 5.4 City's Remedies. At its option, City may pay any delinquent assessments, utility bills <br /> or other charges and may bill Emerald Valley for the same plus interest and a 10% penalty. <br /> Section 6. Maintenance; Alterations <br /> 6.1 Maintenance. Emerald Valley shall maintain the Premises and all improvements in <br /> first class condition and repair throughout the term of this lease, ordinary wear and tear excepted, <br /> in accordance with Section 4 above, and in accordance with all applicable laws, rules, regulations <br /> and ordinances of federal, state, county, municipal or other governmental agencies having or <br /> claiming jurisdiction. <br /> 6.2 Alterations. Emerald Valley may from time to time construct, improve, demolish, <br /> remove, replace, alter, reconstruct, remodel or add to existing improvements in whole or in part <br /> ( "alterations ") as Emerald Valley shall deem necessary or desirable, upon the condition that all such <br /> work shall be done in a good and competent manner in compliance with all applicable building and <br /> zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming <br /> jurisdiction. Notwithstanding the foregoing sentence, prior to making any physical alterations to the <br /> Premises, Emerald Valley shall submit to City a description or depiction of the alterations and shall <br /> obtain City' s approval of the proposed alterations. City shall not unreasonably withhold its approval. <br /> If City does not respond within 60 days after receipt of a written request for approval of alterations <br /> described or depicted in sufficient detail to be satisfactory to City, City will be deemed to have <br /> approved the alterations. Emerald Valley shall make no alterations without City's approval. <br /> Section 7. Ownership of the Improvements. <br /> All improvements constructed on the Premises by Emerald Valley shall be owned by Emerald <br /> Valley until expiration or sooner termination of this lease. All improvements located on the <br /> Premises at the expiration or sooner termination of this lease shall become the property of City, free <br /> and clear of all claims of Emerald Valley or anyone claiming under Emerald Valley, and Emerald <br /> Valley shall indemnify and defend City against all liability and loss arising from such claims. <br /> Section 8. Financing; Assignment; Subletting. <br /> 8.1 Right to Mortgage the Leasehold. Emerald Valley may at any time and from time <br /> to time subject the leasehold estate and any or all improvements to one or more mortgages or other <br /> liens as security for a loan or loans or other obligations of Emerald Valley, provided that: <br /> Lease - Page 4 DRAFT - FOR DISCUSSION ONLY - 9/4/02 <br />