Laserfiche WebLink
Santa Ana River Channel <br />E01- R1551, R1553 <br />"Flood Control Channel" means the Santa Ana River Channel and appurtenant structures located <br />adjacent to the westerly border of the leasehold premises. <br />PREMISES (PMA3.1 N) <br />A. Commencing with the Effective Date of this Lease, DISTRICT leases to TENANT Parcel <br />R1551, hereinafter referred to as "Premises" <br />B. DISTRICT and TENANT agree that Parcel R1553 shall be added to the leasehold premises <br />upon Director's notification to TENANT of Parcel R1553's availability. Upon such notice, <br />Parcel R1551 and Parcel R1553 shall then be jointly referred to as the "Premises" and shall thereafter <br />be subject to all the terms, conditions and restriction of this Lease. <br />3. TERMINATION OF PRIOR AGREEMENTS (PMA4.1 S) <br />It is mutually agreed that this Lease shall terminate and supersede any prior leases or agreements <br />between the parties hereto covering all or any portion of the Premises. <br />4. LIMITATION OF THE LEASEHOLD (PMA5.1 S) <br />This Lease and the rights and privileges granted TENANT in and to the Premises are subject to all <br />covenants, conditions, restrictions, and exceptions of record, or apparent. Nothing contained in this <br />Lease or in any document related hereto shall be construed to imply the conveyance to TENANT of <br />rights in the Premises which exceed those owned by DISTRICT, or any representation or warranty, <br />either express or implied, relating to the nature or condition of the Premises or DISTRICT'S interest <br />therein. TENANT acknowledges that TENANT has conducted a complete and adequate investigation <br />of the Premises and that TENANT has accepted the Premises in its "as is" condition. <br />5. USE (PMB 1.2 N) <br />TENANT'S use of the Premises shall be limited to the use of the surface as a non - revenue generating <br />public park facility with the purpose of preserving open space and/or providing a free public recreation <br />facility to be enjoyed and used by all residents of and visitors to the City of Santa Ana and for no other <br />purpose. <br />TENANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or <br />from the Premises, or to commit or permit to be committed any waste, including, but not limited to <br />Hazardous Materials (defined in Clause 18), within the Premises, nor shall TENANT engage in or <br />authorize activities within or upon the Premises which are incompatible or interfere with DISTRICT'S <br />flood control activities in, on or about the Premises. TENANT'S use of the Premises for any other <br />purpose without DISTRICT'S prior written approval shall cause this Lease and all TENANT'S rights <br />hereunder to immediately terminate upon written notice from Director, and without further action on <br />the part of DISTRICT. <br />Edna Park Lease (06.16.09) 2 <br />