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<br />Santa Ana River Channel <br />EOI-R1552 <br /> <br />4. USE (PMB 1.2 N) <br /> <br />TENANT'S use of the Premises shall be limited to the development and use of the surface as a non- <br />revenue generating public park facility with the purpose of preserving open space and/or providing a free <br />public recreation facility to be enjoyed and used by all residents of and visitors to the City of Santa Ana <br />and for no other purpose. <br /> <br />TENANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from <br />the Premises, or to commit or permit to be committed any waste, including, but not limited to Hazardous <br />Materials (defined in Clause 17), within the Premises, nor shall TENANT engage in or authorize activities <br />within or upon the Premises which are incompatible or interfere with DISTRICT'S flood control activities <br />in, on or about the Premises. TENANT'S use of the Premises for any other purpose without DISTRICT'S <br />prior written approval shall cause this Lease and all TENANT'S rights hereunder to immediately terminate <br />upon written notice from Director, and without further action on the part of DISTRICT. <br /> <br />5. TERM (PMB2.1 N) <br /> <br />The term of this Lease shall be twenty (25) years, commencing on the Effective Date of this Lease. <br /> <br />6. TERMINATION (PMB3.1 N) <br /> <br />Either party may terminate this Lease at any time and for any reason by giving the other sixty (60) days' <br />advance written notice. <br /> <br />7. RENT (N) <br /> <br />The Premises shall be leased to TENANT on a rent-free basis. <br /> <br />8. INITIAL CONSTRUCTION BY TENANT (PMDI.2 N) <br /> <br />TENANT shall, within two years of the Effective Date of this Lease, improve and develop the Premises as <br />a landscaped open space or a free public recreational facility as set forth above in Clause 4 (USE). All <br />plans for improvement and development shall first be approved in writing by Director to ensure that such <br />plans comply with the intent of this Lease. <br /> <br />9. MECHANICS LIENS OR STOP-NOTICES (PMD4.1 S) <br /> <br />-In addition to the responsibilities described in Clause 19 (Indemnification) below, TENANT shall at all <br />times indemnify, defend with counsel approved in writing by DISTRICT, and save DISTRICT and <br />County harmless from all claims, losses, demands, damages, costs, expenses, or liabilities arising from <br />mechanics liens or stop notices in connection with the use, construction, repair, alteration, or installation <br />of structures, improvements, equipment, or facilities by TENANT over, across, within, upon, or under the <br />Premises, and from the cost of defending against such claims, including attorney fees and costs. <br /> <br />] 7'h Street Triangle Lease (07.01.09) <br /> <br />2 <br />