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~ ~ <br />4. RENT: Lessee agrees at his own cost and expense to construct, <br />within three hundred and sixty-five (365) days from the effective date <br />of this lease, a nine (9) hole golf course and driving range and such <br />building or buildings as in lessee's discretion shall be required for <br />the operation of the same, all of the foregoing to be in accordance <br />with plans and specifications to be approved by the City Council of <br />the CITY OF SATNTA ANA. In the event lessee fails, for any reason, to <br />construct and develop a nine (9) hole golf course with grass greens <br />and fairways and other appurtenant facilities within said three hundred <br />and sixty-five (365) days, this lease shall terminate and lessee shall <br />have thirty days from notice of such termination to remove all struc- <br />tures from said property. Said facilities shall be open daily during <br />hours as specified by the City Council, but in no event later than <br />9:30 o'cloc;c P.~. <br />Lessee agrees to pay and lessor agrees to accept as rent for <br />the leased property for the term of said lease the following sums: <br />A. During the first year of said lease, no rental shall be <br />paid in order to permit lessee to perform the necessary construction <br />and to get the course in operation. <br />B. During the next nine (9) years, three percent (3/) of the <br />gross business done by lessee on all sales and services, excluding <br />foods and merchandise. <br />C. During the next ten (10) years, four percent (4°/) of the <br />gross business as defined hereinabove. <br />D. During the next five (5) years, five percent (5%) of said <br />gross business as defined hereinabove. <br />E. The rental percentages set forth hereinabove in paragraph <br />4, B and C were arrived at on the premise that within one year from <br />the date of this lease lessor will have effected an exchange of property <br />with the County of Orange as hereinabove referred to and will have made <br />available to lessee, as property covered by this lease, approximately <br />that real property shown on said "Exhibit A", bordered in green, which <br />lies North of the Westerly extension of the South line of 19th Street. <br />-3- <br />