Agenda Packet_2026-04-07 - Laserfiche WebLink

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operations, golf lessons, tournaments, events, and similar functions including the use of golf equipment and motorized golf carts. The above listed uses are the only uses permitted. City agrees not to use the Premises for any other purpose, nor to engage in or authorize any other activity within or from the Premises, without prior District approval. District approval is subject to negotiation by the Parties and may result in additional charges for Rent and/or Additional Rent as those terms are defined and used in Clause 9 (RENT) below; however, District shall have sole discretion to authorize or deny any additional activity requested by City consistent with the flood control purposes of the Facilities, as defined below. Additionally, the City shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance or waste to be created or maintained thereon. City agrees that no new improvements shall be erected, placed upon, operated, or maintained within the Premises without the District. City agrees that no business shall be conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. 4. DISTRICTUSE RESERVATIONS AND RIGHT OF ENTRY (1.3 SR) The Premises lie within an area required for the maintenance and operation of the Santa Ana River and the Santiago Creek flood control and water conservation facilities Facilities. These Facilities are an integral part of a flood control and water conservation system that District operates to fulfill its primary function of protecting life and property in Orange County. Use of the Premises by City shall be at all times subordinate to use by the District for activities related to flood control or water conservation. District reserves the right for itself, and the U.S. Army Corps of Engineers (USACE) from time to time, without unreasonable interference, to access, enter and use the Premises. City shall cooperate with District and/or any of the persons or entities acting for, on behalf of or cooperating with the District, during scheduled operations or unanticipated events that require access to the Premises. District shall make best efforts to plan and notify City in advance of its intent to access the Premises. All rights reserved to the District in this Lease shall be exercised by District at its sole and absolute discretion. District shall incur no liability to City or others whose interest in the Premises stems from that of City for any action undertaken while accessing the Premises including construction, reconstruction, maintenance, operation, improvement, enlargement or modification of said Facilities by District or any of the persons or entities acting for, on behalf of or cooperating with the District. City further waives all claims and recourse against District, including the right of contribution for loss or damage of persons or property arising from growing out of or in any way connected with this Lease, including each and every type of damage caused by flooding, erosion or otherwise to the Premises that may result from the District Premises, except claims arising from the concurrent active or sole negligence or willful misconduct of the District. 3/2/2026 Page 3 of 41 Lease Number Agency/Program Standard Revenue Lease Form