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+ • <br />~,~~ X144 r:~E~S~ <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />IO <br />11 <br />12 <br />13 <br />14 <br />I5 <br />16 ~I <br />I7 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />fication of said flood control and caater conservation facilities <br />by LESSOR or by any other person or entity acting for, on behalf <br />of, o_r cooperating with LESSOR. This reservation of rights by <br />LESSOR shall not be construed to excuse LESSEE from any obligation <br />which LESSEE assumes by the terms, covenants, and conditions of. <br />this Lease for maintenance of the Leased Land and of the flood <br />control and water conservation facilities contained therein. <br />I~ 4 . USE OF LEASED LAP1D ( 5.19N ) <br />The greater portion of the Leased Land lies within the area <br />required for maintenance and operation of Santa Ana River and <br />Santiago Creek flood control and Uiater conservation facilities. <br />These facilities are an integral part of the system of flood <br />control and crater conservation works which LESSOR operates in <br />fulfilling its primary function of protecting life and prcperty <br />in Orange County from unnecessary exposure to flood hazard and <br />in conserving and augmenting Orange County's water supply. Use <br />of the Leased Land by LESSEE shall be subordinate, absolutely, <br />to use by LESSOR for flood control, ~~~ater conservation, and <br />related purposes. No action of LESSOR in the reasonable exer- <br />cise of its flood control and water conservation functions <br />shall be the basis for a claim by LESSEE of damage, expense, <br />loss, or liability of any kind or nature. <br />One of LESSOR'S purposes for entering into this Lease is to pro- <br />mote the development of recreational facilities and services <br />on the Leased Land which are compatible with LESSOR'S use <br />of the land. To achieve this purpose, the Leased Land <br />shall be graded planted, and used in con u nth adjoi_ n~ <br />~~ax~•d ~or construe o an e g teen- olf course to <br />be operate or pro t by '- <br />Required adjuncts to said golf course to be located upon the por- <br />tion of the Joint Leasehold leased by LESSEE from the City of <br />Santa Ana shall. be .___-- <br />i__,~driving range, clubhouse, golf pro s op with <br />fac 1t es for furni Shinm a~n'f~'' nc anri ~~3-,or ~~lf_related <br />services, rest rooms, and an adequate number of_ avec~~~tomoaile <br />.~ P ,~..~~.... <br />parking spaces to reasona y serve a o~the above uses. LESSEE <br />m~_ at itS Op ~„Qn~,~p,~t,~~,~_s~p~~~~_ and nr~Prata a rP~taurant <br />and cocktail bar u on said ortion of the Joint Leasehold leased <br />from he City of Santa Ana. ~i' -- <br />The required and optional services and uses set forth above shall <br />be______the__only service s_ and _usgs _~~rzr ,,tted .upon the`, o~n~ase o <br />LESSEE agrees that it will not use the Joint Leasehold for any ~.. <br />other purpose, nor shall LESSEE or any of its principals use the <br />Joint Leasehold as abase from t~~hich other business activity is <br />conducted without the prior vrritten agreement of LESSOR. Should <br />LESSOR so agree, it will promulgate such terms and conditions <br />for said other business activities and operations as it deems <br />appropriate, and LESSEE shall abide thereby. <br />5. IPfIPROVEP~TENTS TO BE CONSTRUCTED BY LESSEE (8.129N) <br />LESSEE undertakes and agrees to cause to be designed and con- <br />structed upon the Joint Leasehold, at no cost to LESSOR, adequate <br />facilities to provide those services required in Clause 4 <br />(USE OF LEASED LAND). Such facilities shall consist of at least <br />the following: <br />A. A first-class, regulation eigh_teer~~-hole ~o1f course; <br />rseo•u 'I - ~- <br />