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4. USE (PMB1.2 N) TENANT'S use of the Premises shall be limited to the development and use of the surface as a non- revenue gencrating public park facility with the purpose of preserving open space and/or providing a free public recreation facility to be enJoyed and used by a] I residents of and visitors to the. County of Orange and for no ogler purpose. TEN.ANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or front the Premises. or to commit or permit to be committed any waste, including, but not limited to I lazardous Materials (defined in Clause 17), within the Premises. nor shall T WAN'T' engave in or authorize activities within or upon the Premises which are incompatible or interfere with DIST'RICT'S flood control activities in. on or about the Premises. TENANT'S use ofthe Premises for any other purpose without DISTTZICT'S prior written approval shall cause this Lease and all TENANT'S rights hereunder to immediately terminate upon written notice from Director, and without further action on the pall ol'DISTRICT". 5. TERM (PMB2.1 N) The term of this Lease shall be twenty (25) years. commencing on the date Effective Date of this Lease. 6. TERMINATION (13'M13-).l N) F'ither party may terminate this Lease at any time and for any reason, by giving the other, sixty (60) days' advance written notice. 7. RESIT (N) The Premises shall be leased to T ENANT on a rent-free basis. 8. INITIAL CONSTRUCTION BY TENANT (PMDl.2 S) 'IT"NANT shall. within two year, after the commencement chafe of this Lease. improve: and develop the Premises as a landscaped open space or a free public recreational facility as set forth above in Clause 4 (USE). All plaits for improvement and development shall first be approved in writing by Director to ensure that such plans comply with the intent of this Ixase. All improvements or landscaping affixed to the Premises by TENANT shall become the property of' DISTRICT. Upon expiration or termination of this Lease. TENANT agrees to remove, at DISTRICT's option, any and all such improvements. notwithstanding their becoming; affixed to and pair of the realty which work shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction. The payment of costs for said removal of improvements shall be the r .sponsibility of T'I'NANT. Santa Ana Riper (;lip nel OM-R1552) 1-' Street 1'n an_I( €.eaas<(R :'' 10.29,2008 ; 2 20C-6