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20090535'7 tlae Building to the condition existing prior to the loss, the Ciry shall provide funds for restoration beyond the funds available from such insurance if it so chooses. If the City chooses not to restore, the Lease can be ternyiuated if at such time the City has Legal title to the Building. The other provisions of this Lease shall apply as to any such disposition and surrender. $. Assignment and Sublgtting. Except as may be provided in the Lease Purchase Agreement, City may not assign this Lease or sublet, in whole yr in part, the Leased Premises, by operation of law ar otherwise without the consent of Fanner Park. The City shall have the right to contract for the use of the Building as it detex'naiaies appropriate, consistent with the other terms of this Lease. The Gity has the right to charge admission fees, user fees, and to enter into usage agreements for its purposes for the Building. 9. No ~4 nation. Upon the prior written consent of Fonncr Park, the City shall have the right to grant a mortgage ar deed of trust upon the leasehold interest evidenced hereby subject to and upon the condition that the mortgagee or beneficiary shall execute an acknowledgment in form acceptable to Former Park acknowledging and agreeing that: (a) any such mortgage or deed of trust shall be junior and inferior in all respects to the interest of Former Park in the Leased Premises, (b) upon any foreclosure, such mortgagee or beneficiary shall be subject to the terms and conditions of this Lease, and (c) the expiration or termination of this Lease shall terminate any mortgage or deed of mist and such mortgagee or beneficiary shall cause the mortgage or deed of trust to be released and reconveyed upon any such termination. Former Park agrees that it will provide written notice of any default by City to the holder of any mortgage or deed of trust afwhich it has knowledge. 10. Lfmftation on __Termfnation as _ Aaaittst Wells Far~a/D3strositlon of Pranertv. This Lease shall not temtinate until the City has acquired full Legal title to the Building from Wells Fargo. Upon tenninatian of this Lease, ar any extension thereof, the Leased Premises shall remain the property of Former Park. The Building and any other structures or improvements or appurtenances of the City that have been constructed or installed shall remain the property of the City. Former Park, upon termination of this Lease, may purchase the City's interest in the Building, other structures or appurtenances for the Fair Market Value of the same. "Fair Market Value" shall mean the value of such vnterests, as determined by agreement of the parties or by a board of three (3) independent licensed appraisers chosen jointly by the parties. The City's interest may be purchased as deternuned by state or federal law or by agreement of the parties. If Former Park elects not to purchase the Building, structures and appurtenances on the Leased Premises, the City agrees to remove aII buildings, structures and appurtenances an the Leased Premises at the City's cost, subject to any remonstrance requirements under applicable law. 11. Default. In the event City shall fail to observe and perform the terms and provisions of this Lcasc, and such failure continues far a period of thirty (30) days after written notice from Fanner Park tv City and Wells Fargo (provided, in the event the nature of such faihu~c reasonably requires mare than thirty (30) days to cure, such thirty (30) day period shall be eactended for as long as it is reasonably necessary provided City comza~ences to taro such failure within such thirty (30) day period and thereafter diligently pursues the same to completion), then Fanner Park may terminate this Lease, City shall forfeit atl rights, titles and interests in and to the Leased Premises and City shall remove the Building within ninety (90) days of such termination and shall immediately vacate We Leased Premises except for purposes of removing the Building. Wells 3