HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - GROUND LEASE 1969' ~ q8~ ~:
Recorded at request of, and roturn to: u ` ~~~~ .~~~ ~J~
Orange Cciunty Dept, of Reel Property Services ~~~-+~ ~.;,,,-_~o. `~
515 forth Sycamore Street ,
Santa Ana, Co~ifornia 92701
Project No.: EOI-1001.02.(Portion)
Project: Santa Ana River Channel
RECORDED I!J rJFFICIAL REGURDS
OF CR:+IJGE COUNTY, CALIFORNIA
Min. ~ ,~.~. ~uG `~ ~~ay~
/ ~ f-'ast ` ~I
~''' 1. ~YYLIE CARLYLE, County Recorder
e,
~ c..
--•-~.
GOLF COURSE LEASE
TABLE OF CONTEI~'TS
CLAUSE N0. CLAUSE HEADIi~TG PAGE
• 1 DEFINITION OF WORDS AND PHRASES 1
2 LEASE TER~•7 ~
•3 LEASED LAND ~ 2
~- USE OF IrEASED L,.AND 3
5 IMPROVEP•TENTS TO BE COPiSTRUCTED
BY LESSEE 3
6 WELLS AND PUMPING EQUIPMET•dT 5
7 OWNERSHIP OF IMPROVEMENTS ~
$ MAINTEPIANCE 6
9 RESERVATIONS TO LESSOR 7
.10 INSPECTION BY LESSOR 8
11 ACCOUNTI?dG YEAR $
12 GROSS RECEIPTS 9
13 RENTAL
9
1~ PAYMENT OF REiJTALS 10
15 REVISION OF REidTALB 12
16 RECORDS AND ACCOUNTS 13
1? PRICES OF GOODS AT3D SERVICES 14
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CLAUSE N0.
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GOLF COURSE LEASE
TABLE OF CONTENTS(Continued)
CLAUSE HEADING
OPERATING~HOURS AND PROCEDURES
SECURITY DEPOSIT
INSURANCE
INDEMNIFICATION
ASSIGNING, SUBLETTING, AND
ENCUMBRANCING
EARLY TERMINATION BY LESSEE
QUITCLAIM OF LEASEHOLD UPON
TERMINATION
DAMAGE TO OR DESTRUCTION OF
IMPROVEMENTS
EMINENT DOMAIN
OPTION TO RENE,d
DEFAULT BY LESSEE
PENALTY FOR FAILURE TO PAY WHEN DUE
UNLAWFUL USE
BILLBOARDS AND SIGNS
TAXES AND ASSESSMENTS
HOLDING OVER
ABANDONA~NT
NON-DISCRIMIPdATION '
NOTICES
SUCCESSORS IN INTEREST
WAIVER OF RIGHTS
LEASE ORGANIZATION
PARTIAL INVALIDITY ~~
AMENDMENTS
FORCE I~L~IJEURE
TIME
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E01-1001.02(Portion)
Santa Ana River Channel
GOLF COURSE LEASE
i ,
THIS IS A LEASE, made and entered into ~ _`.~~_~yx-~u.,~.~ ~w 1969,
by and between ORANGE COUNTY FLOOD COIdTROL~ ISTRICT, Hereinafter
referred to as "LESSOR", and RIVER VIEW GOLF, a California corpora-
tion, hereinafter referred to as "LESSEE". The entire agreement
between LESSOR and LESSEE is set forth below.
W I ~T N E S S E T H
1. DEFINITION OF WORDS AND PHRASES (5.19N)
The following words and phrases used in this Lease are defined as
indicated in this clause unless otherwise apparent from the
context of the Lease at the place where such terms occur:
A. "Chief Engineer" means the Chief Engineer of Orange
County Flood Control District.
B. "Leased Land" means that certain real property owned
by LESSOR and leased to LESSEE as provided in this Lease
(Clause 3, LEASED LAND).
C. "Leasehold" means any and every right or interest of
LESSEE in the Leased Land created by,.arising from, or
dependent upon this Lease.
D. "Joint I,easehcld" means the real property comprised
of the Leased Land and certain adjoining real property
owned by the City of Santa Ana and leased. to LESSEE by
lease dated November 2, 1964, which LESSEE proposes to
use for the construction and. operation of an eighteen-
hole golf course and associated facili~ies.
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1 2. LEASE TERM (7.159N)
2 The term of this Lease, herein referred to as "Lease Term",
shall begin the day this Lease is executed by LESSOR and shall
3 erid Au us 20, 1986. The Lease Term shall consist of a Can-
struc ion Period and an Operating Period.
4
A. Any reference to "Construction Period" in this Lease
5 Uhall mean the period from the beginning of the Lease Term
until an eighteen-hole golf course to be constructed by
6 LESSEE upon the Joint Leasehold is completed and is adequately
matured to sustain regular play without excessive damage
7 to said course or until fees are collected by LESSEE for
play thereon, whichever shall be sooner. The Construction
8 Period shall not, however, exceed twenty-four (24) months;
except, should completion of construction and beginning
9 of play on said course be delayed by reason of flood flows
or flood damage, the Construction Period shall be extended
10 for the period of time necessary to restore the course
to the condition which existed immediately prior to said flood
11 flows or flood damage. The maximum length of such exten-
sion shall be six (6) months.
12
B. Any reference to "Operating Period" in this Lease shall
13 mean the period beginning the day the Construction Period
ends and extending from that day until the end of the Lease
14 Term or, if this Lease is renewed in accordance with Clause
27 (OPTION TO RENEW), until the end of the renewed Lease Term.
15
3• LEASED LAND (8.129N)
16
The Leased Land consists of three separately described parcels of
17 real property (referred to herein as Parcels 1, 2, and 3) which
are shown on a map attached to this Lease marked "Exhibit A" and
18 are described legally in the attachment to this Lease marked
"Exhibit B."
19
LESSEE agrees that at any time upon written notice from the Chief
20 Engineer said Parcels 2 and 3 or any portion thereof ma be ex-
cluded from the Leased Land and ~from ~ the e~o~thi Ls ease
21 Such exclus on s a e ~~cti ve thirty da s after written notice
to LESSEE' by the Chief En i ~°-,-- --
g.~neer describing the area to'6e ex lu-3ect.
22 Termination of the Lease as to the area described in the notice
shall be automatic and shall require no action by LESSEE. LESSEE
23 agrees, however, to execute, acknowledge, and deliver a quitclaim
deed describing the area excluded upon the request of the Chief
24 Engineer.
25 The Leasehold created by this Lease is subject to all covenants,
conditions, restrictions, and exceptions of record or apparent.
26 Nothing herein shall be purported to grant LESSEE any rights
in the Leased Land which exceed those ovaned by LESSOR.
27
LESSOR reserves to itself those rights necessary to assure
28 maintenance and operation of Santa Ana River and Santiago Creeker
flood control and water conservation facilities and to perms t
29 any steps to be taken which it deems necessary or desirable
to improve or modify said facilities or their operation. The
3G rights reserved to LESSOR above or at any other place in this
Lease shall be exercised by Lr:SSOR at its sole discretion. LESSOR
31 shall incur no liability to LESSEE or to others whose interest
in the Leased Land stems from that of LESSEE' for any action
32 undertaken in the maintenance, operation, improvement, or modi-
reeo•~s
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fication of said flood control and caater conservation facilities
by LESSOR or by any other person or entity acting for, on behalf
of, o_r cooperating with LESSOR. This reservation of rights by
LESSOR shall not be construed to excuse LESSEE from any obligation
which LESSEE assumes by the terms, covenants, and conditions of.
this Lease for maintenance of the Leased Land and of the flood
control and water conservation facilities contained therein.
I~ 4 . USE OF LEASED LAP1D ( 5.19N )
The greater portion of the Leased Land lies within the area
required for maintenance and operation of Santa Ana River and
Santiago Creek flood control and Uiater conservation facilities.
These facilities are an integral part of the system of flood
control and crater conservation works which LESSOR operates in
fulfilling its primary function of protecting life and prcperty
in Orange County from unnecessary exposure to flood hazard and
in conserving and augmenting Orange County's water supply. Use
of the Leased Land by LESSEE shall be subordinate, absolutely,
to use by LESSOR for flood control, ~~~ater conservation, and
related purposes. No action of LESSOR in the reasonable exer-
cise of its flood control and water conservation functions
shall be the basis for a claim by LESSEE of damage, expense,
loss, or liability of any kind or nature.
One of LESSOR'S purposes for entering into this Lease is to pro-
mote the development of recreational facilities and services
on the Leased Land which are compatible with LESSOR'S use
of the land. To achieve this purpose, the Leased Land
shall be graded planted, and used in con u nth adjoi_ n~
~~ax~•d ~or construe o an e g teen- olf course to
be operate or pro t by '-
Required adjuncts to said golf course to be located upon the por-
tion of the Joint Leasehold leased by LESSEE from the City of
Santa Ana shall. be .___--
i__,~driving range, clubhouse, golf pro s op with
fac 1t es for furni Shinm a~n'f~'' nc anri ~~3-,or ~~lf_related
services, rest rooms, and an adequate number of_ avec~~~tomoaile
.~ P ,~..~~....
parking spaces to reasona y serve a o~the above uses. LESSEE
m~_ at itS Op ~„Qn~,~p,~t,~~,~_s~p~~~~_ and nr~Prata a rP~taurant
and cocktail bar u on said ortion of the Joint Leasehold leased
from he City of Santa Ana. ~i' --
The required and optional services and uses set forth above shall
be______the__only service s_ and _usgs _~~rzr ,,tted .upon the`, o~n~ase o
LESSEE agrees that it will not use the Joint Leasehold for any ~..
other purpose, nor shall LESSEE or any of its principals use the
Joint Leasehold as abase from t~~hich other business activity is
conducted without the prior vrritten agreement of LESSOR. Should
LESSOR so agree, it will promulgate such terms and conditions
for said other business activities and operations as it deems
appropriate, and LESSEE shall abide thereby.
5. IPfIPROVEP~TENTS TO BE CONSTRUCTED BY LESSEE (8.129N)
LESSEE undertakes and agrees to cause to be designed and con-
structed upon the Joint Leasehold, at no cost to LESSOR, adequate
facilities to provide those services required in Clause 4
(USE OF LEASED LAND). Such facilities shall consist of at least
the following:
A. A first-class, regulation eigh_teer~~-hole ~o1f course;
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B. A driving range;
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C. A golf clubhouse to accommodate the patrons of the
golf course and provide .space for a golf pro shod;
D. Adequate comfort stations for the convenience of both
male and fema e pa ron ie golf course;
E. Paved automobile parking designed to accommodate a
minimum of ei~,ht vehicles per golf hole and to otherwise
conform with the requirerr~erits of the public jurisdictions
within which the golf course and associated facilities
are located; and
F. Such other facilities as are required to develop,
maintain, and operate a successful golf course.
A general development plan and .working drawings and specifications
for construction of that portion of the proposed golf course
and other facilities to be located within .the Leased Land shall
be prepared and presented to the Chief Engineer within thirty
(30) days after execution of this Lease. The Chief Engineer
shall review and approve or reject tYie plans during the succeeding
thirty (30) days. Should the Chief Engineer reject the plans,
LESSEE shall-within the next succeeding thirty (30) days make such
changes and modifications as the Chief Engineer requires. After
the plans are approved by the Chief Engineer, LESSEE shall have
thirty (30) days within which to begin the initial development
of the golf course.
The initial development shall consist of the construction of
two complete golf holes, including tees, fairways, and greens
within the Santa Ana River channel. This initial development
shall be in the nature of an experiment to ascertain whether
soil conditions, levee slopes, and floodways within the Leased
Land are practicably adaptable for golf course use. LESSEE shall
plant anal nurture .grass upon said experimental tees, fairways,
and greens toward the end that the two holes shall be in playing
condition at the earliest possible time.
LESSEE shall begin construction of the balance of the facilities
required to be .constructed upon the Joint Leasehold as soon as
initial development proves the project to be feasible but no
later than twelve (12} months after the beginning of said initial
development unless this Lease shall have been earlier terminated.
Construction of the balance of t:~e facilities shall be pursued
diligently in order that they shall be completed and placed
in use at the earliest time commensurate with good construction
and golf course management practices.. This construction require-
ment is subject to the provisions of Clause 23 (EARLY TERPZIPJATION
BY LESSEE).
The approval of the Chief. Engineer required in connection with
plans for construction of improvements within the Leased Land
may be granted or withheld at the Chief Engineer's sole discretion
and shall be without recourse by LESSEE.
No grading, planting, construction, or modification of any kind
may be made in the Leased Land by LESSEE unless the Chief Engineer's
approval and written consent have first been obtained. Any
conditions imposed by the Cliie Engineer relating to the manner,
method, design, and construction of facilities planned by LESSEE
to occupy the Leased Land shall be absolute and shall be conditions
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of this Lease as though originally written herein. The Chief
Engineer shall exercise his pavers of approval and consent
reasonably and shall impose no capricious or unwarranted conditions
upon LESSEE. The consent of the Chief Engineer shall not be
required for LESSEE to install fixtures or equipment within struc-
tures already approved by the Chief Engineer, provided the fixtures
and equipment so installed are designed and intended solely for
use in a business which is permitted under the terms of this Lease.
All improvements constructed or installed by LESSEE within the
Leased Land shall be constructed in strict compliance w3.th
plans and specifications approved by the Chief' Engineer and shall
be constructed within the tim~a~ limits provided in this Lease.
All improvements constructed or installed within the Joint Lease-
hold must, upon ,completion, be free of liens, claims, or liability
for labor or material.
LESSEE shall notify LESSOR in writing of the beginning, completion,
or cessation of any construction undertaken within the Leased Land.
Such notification shall be deposited in the mail within tvrenty-four
(24) hours after the beginning, completion, or cessation of such
construction or shall be delivered to LESSOR by other means within
seventy-two (72) hours of such beginning, completion, or cessation.
Within sixty (60) days following completion of the facilities re-
quired by this Lease, LESSEE shall provide LESSOR with an itemized
statement of the total construction cost and an itemized statement of
the portion of that cost expended upon the Leased Land.
6 . WELLS AND PUMPING EQUIPP~IEPIT ( 5.19N )
In the event LESSF,~,_._,d~~rn_s_.,~at necessary to drill wells and install
p~~i ng, P~~ii mut~on the Le ase;d Land in ord'er"~Q i~r:~-
for _irrigating the Joint Le-asehold4`"3~ma do so. However, the
location of we s an ,L plans for suc rilling and instal-
lation must have the prior written approval of the Chief Engineer.
Such approval shall not constitute a representation or warranty
that LESSEE'S plans conform with the applicable statutes, ordinances,
codes, rules, or regulations of the County of Orange, Orange
County Water District, or any other public entity having jurisdiction
over the drilling of wells, installation of pumping equipment,.
or extraction of ground water.
Futhermore, neither this Lease nor approval of said plans by
LESSOR, if such be given, shall constitute a representation or
warranty by LESSOR that LESSEE shall have the right by reason
of this Lease to extract water from the Leased Land for use in
irrigating the Joint Leasehold. Nothing herein contained shall
be construed to so imply.
7. OWNERSHIP OF IMPROVEMENTS (4.8aN)
All improvements located within the Leased Land shall become
the property of LESSOR at the expiration of the Lease Term
or upon earlier termination of this Lease; except, should this
Lease be terminated at the request of LESSEE as provided in
Clause 23 (EARLY TEF.~~IINA1^IOi~I BY LESSEE), LESSEE shall have the
right to remove improvements in the manner and to the extent
provided therein.
Should the Leased Land or a portion thereof be condemned by
action in eminent domain instituted by a public entity acting
legally and within its power, and said condemnation is for other
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1 than flood control purposes, LL;SSEE shall have the right to
compensation for f;he loss of use of ii:iprovements as provided in
2 C laus e 26 ( EP~'fINENT DOIti1AIN) .
3 Uther provisions of this Lease notwithstanding, the Chief Engineer
may require the removal by LLSSi1'E of any or all leasehold improve-
4 ments within the Leased Land upon terminaticn of tYiis Lease.
Should the Chief Engineer so require, LESSEE shall promptly
5 comply with the written request of the Chief Engineer to remove
those improvements required to be .removed. Said removal shall
6 be wholly at the expense of LESSL;E, and she Leased Land shall be
left in the condition required by Clause ~3 (P~~IAINTENANCt!;) after
7 said removal. Should LESSEE fai], to comply with said written
request, the Chief Engineer shall take these steps he de erns
g necessary to remove said improvements and leave the Leased Land
in satisfactory condition, and the cost thereof shall be borne
g by LESSEE. If LESSEE should fail to pay said cost within ten
(10) days of receipt of written demand therefor from Chief
10 Engineer, said cost shall be assessed against the security '
deposit required by Clause 19 (.SECURITY DEPOSIT) of this Lease.
11
8. T~iAINTENANCE (5.19N)
12
LESSEE shall, to the satisfaction of LESSOR, keep and maintain
13 the Joint Leasehold and all improvements of any kind which may
be erected, installed, or made thereon in good and substantial
1~ repair and condition and shall make all necessary repairs and
alterations thereto.
15
LESSEE shall maintain the Joint Leasehold in a safe, clean,
16 wholesome, sanitary, and sightly condition, to the complete satis-
faction of LESSOR and in compliance with all applicable laws.
17 LESSEE further agrees to provide proper containers for trash and
garbage and to keep the Joint Leasehold free and clear of rubbish
18 and litter. LESSOR shall have the right to enter upon and inspect
the Joint Leasehold at any time for cleanliness and safety and to
19 impose improved maintenance requirements upon LESSEE.
20 LESSEE expressly agrees to keep Santa Ana River and Santiago
Creek flood control facilities located within the Leased Land
21 in a condition satisfactory to the Chief Engineer and to perform
ordinary maintenance of said facilities and the Leased Land,
22 including removal of debris and sediment, control of noxious
vegetation, cultivation and preservation of turf, replacement
23 of eroded material, and control of burrowing animals. LESSOR
sYiall be responsible for repair of substantial damage to existing
24 or future revetments and bank protection works, but LESSEE
shall be otherwise responsible ~"'or maintaining functionally
25 adequate flood control facilities within the Leased Land which
shall provide a level of protection to adjoining land and a
26 carrying capacity for flood waters at least equal to that which
existed at the inception of this Lease or, if LESSOR, by itself
27 or in association with others, increases the level of protection
provided by and/or the capacity of the flood control facilities
28 which occupy the Leased Land, as provided herein, LESSEE shall,
thereafter, be responsible for maintaining said increased level
29 of protection and/or capacity for the remainder of the Lease
Term. The requirements of this paragraph shall be s~~b~ect to the
30 provisions of Clause 25 (DA;~'iAGE TO OR DESTRUCTION OF IMPRGVEi~1EN`i~5 ) .
31 At the termination oi' this Lease LESSEE shall have the obligation
to leave the Leased Land in a safe, clean, wholesome, sanitary,
32 and sigY~tly condition and to leave tree flood control facilities
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1 within the Leased Land in the state of maintenance and functional
adequacy required in the preceding paragraph.
2
Should LESSEE default iri its responsibility to keep and maintain
3 the Leased Land and the flood control facilities located thereon
in the condition required hereby, the Chief Engineer may give
4 LESSEE written notice of said default, and LESS}~E must, within
a reasonable time thereafter, correct the default to the satis-
5 faction of the Chief Engineer or the Chief Engineer shall have.
the right to correct the default or cause it to be corrected
6 by others and to charge the total cost of correction to LESSEE.
Should the default be one deemed by the Chief Engineer to repre-
7 sent a substantial hazard to public safety, and the notice to
LESSEE so states, LESSEE must immediately correct the default
$ upon notification by the Chief Engineer or the Chief Engineer
shall have the right to correct the default or cause it to~
9 be corrected by others and to charge the total cost of correction
to LESSEE.
10
In the event the Chief Engineer corrects a default of LESSEE
11 or causes it to be corrected by others as provided above, LESSEE
shall pay the cost of correction within ten (10) days of receipt
12 from the Chief Engineer of a written accounting of said cost.
13 9. RESERVATIONS TO LESSOR (8.129N)
14 The Leased Land is accepted by LESSEE subject to any and all
existing easements or other encumbrances. LESSOR reserves the
15 right to grant franchises, easements, rights of way, and permits
in, over, upon, along, or across any and all portions of said
16 Leased Land; provided, said right shall be exercised so as not
to interfere unreasonably with LESSEE'S operations hereunder
17 or to substantially impair the security of any deed of trust or
other obligation of LESSEE secured by the Leasehold or any
18 interest therein.
19 LESSOR agrees that rights granted to any party as provided in
this clause shall contain previsions that the surface of the
20 land be restored to its original condition or as near thereto
as reasonably possible upon completion of any construction.
21
LESSOR reserves the right to perform emergency flood control
22 operations of any and every kind within or along the Santa Ana
River and Santiago Creek where in the opinion of the Chief Engineer
23 a condition dangerous to life or property is impending or exists.
LESSOR shall incur no liability to LESSEE by reason of such
24 operations or the results thereof.
25 Six (6) months after written notice to LESSEE, LESSOR, acting
alone or with or through others, including the United States of
26 America acting through any of its agencies, may undertake flood
control channel improvement work within the Leased Land and
27 shall incur no liability to LESSEE for loss of business, destruction
of golf course facilities or other improvements, impaired utility
2g of the Leased Land for golf purposes, or for any other reason,
except negligence. LESSOR shall, however, in the development
29 and implementation of channel improvement plans , give full con-
sideration to minind.zirig the effect on LESSEE'S operations within
30 the Leased Land.
31 LESSOR or the County of Orange or any other public entity may,
without incurring liability to LESSEE, replace, widen, strengthen,
32 or otherwise modify the Garden Grove }3oulevard bridge across the
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Santa Ana River.
LESSOR reserves the right to issue permits for drainage or dis-
charge of storm water into Santa Ana River and Santiago Creek
channels within the Leased Land, and neither LESSOR nor its
perrnittee shall be liable to LESSEE for the effects of the physical
facilities installed or their operation upon business activities
conducted within the Leased Land or upon improvements constructed
thereon. Any facilities so installed shall, insofar as practicable,
be designed and constructed in a manner which will minimize the
detrimental effect upon business activities and irprovements
within the Leased Land.
LESSOR reserves the right to park vehicles and to permit the park-
ing of vehicles on. the westerly Santa Ana River levee from Garden
Grove Boulevard south for a distance of 900 feet and from Garden
Grove Boulevard north for-500 feet throughout the period LESSOR
retains a maintenance yard fronting on the south side of Garden
Grove~Boulevard.
LESSOR reserves the right to enter upon and travel over any and
every part of the Leased Land for any purpose connected with
the conduct of its business. LESSOR shall exercise this right
reasonably and without caprice.
It is agreed that LESSEE in the design of facilities to be constructed
within the Leased Land shall provide an adequate and acceptable
route for vehicular travel through and across the Leased Land for
the use of LESSOR and others associated with LESSOR in any phase
of flood control or water conservation work for the movement of
equipment and personnel along Santa Ana River and Santiago Creek.
LESSOR shall use such route in the regular conduct of its business
but shall not be limited thereto in any situation or at any time
the Chief Engineer deems it necessary to travel over any other
portion of the Leased Land.
An adequate and safe equestrian trail shall be continuously main-
tained through and across the Leased Land by LESSEE. The location,
width, and condition of said trail shall be subject to the prior
approval of the Chief Engineer, who shall consult with the Associ-
ated Riding Clubs of Orange County prior to granting approval.
10. INSPECTION BY LESSOR (4.8gN)
LESSOR shall have the right at any time and from time to time to
enter upon the Leased Land and upon the Joint Leasehold for
inspection purposes in connection with administering this Lease
and as an aid in determining whether LESSEE is adequately fulfilling
the terms, covenants and conditions hereof. This right shall be
exercised reasonably and shall not be used as a means of harassing
LESSEE.
11. ACCOUNTING YEAR (5.19x1)
Any reference to "Accounting Year" in this Lease shall mean the ~r
period from the first day of December of one year to the last ~
day of r~ovember of the succeeding year (being LESSEE'S fiscal ~y>?~
year); except, the first Acccounting Xear shall be the period
from the beginning of the Operating Period until the following
rlovember 30, and the last Accounting Year shall be the period
from.December 1, 1985, to August 20, 1986. If the lease is
renewed under the provisions of Clause 27 (OPTION TO REiiEtd),
the period from August 21, 1}86, to November 30, 1985, shall
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be considered an Accounting Year and the last Accounting Year
of the renec-red Lease Term shall be from December 1, 2010, to
August 20, 2011.
~i 12. GRUSS RECEIPTS (7.159N)
The income u on cahich Pexcenta e Rentals uired b this Lease
einafter referred as "Gross Receipts ,
shall be all the income of LESSEE, its agents, sublessees, con-
cessionaires, licensees or any person contracting with LESSEE,
derived from business operations of any kind or nature conducted
on or from the Joint Leasehold and shall include:
A. The sales price of all goods, wares, merchandise,
and products sold, vrhether for cash or credit, and, if
for credit, whether payment is actually made or not; except
for purposes of calculatin Percentage Rental, only the,t
portion of Pro Shop sales (i.e., sales of golfing supplies,
w alo~i3-ng, equipmen , anti'°sirnilar merchandise) which epee ds
~'" the average annual Pro Sho sales for LESSEE'S, 1967,
---.,. ._
l~ and 1970 fiscal years shall. be__consdered:"""'
Should LESSEE choose to maintain and operate a Pro Shop
upon land other than the Joint Leasehold and such Pro Shop
provides services or facilities in any way connected with
the golf course operated vrithin the Joint Leasehold, the
income produced in such Pro Shop shall be a part of the
Gross Receipts as defined in this Lease and shall be used
" for calculating Percentage Rental, subject only to the
exception set forth above.
B. The charges made for the e or~ rendition of se~~,,.e~s
of any nature or kind, whatsoever, whether for cash or
credit, and if for credit, whether payment is actually
made or not;
C. All admissi~ entry, rental and other fees of any
nature or kind; - _ "~-
D. All sums e osited in any pay telephone or ,coin-
operated vending mac ne or other device regardless of
ownership of the telephone, machine, or device, or whether
such sums are removed and counted by LESSEE or by others ,
and regardless of the percentage of said sums LESSEE
is entitled to receive;
E. The f i r r -n .a~ value of_ offce.,~;s„p~,,,~.~, her facilitie_ s
used by LESSEE or his employees for purposes other t, an_„ e ~~`~
bus ness pu o _ _- easehold.~_leased.
Gross receipts shall exclude all sales and excise t x~ cps = avah`1P
to federal, sta e,~ county, or mun~c~pal~~goverrimen~s as a direct
s his Lease. e un s or goo s. e urned
shall be deducted from current Gross .eceipts upon return. Ba
debt losses shall no uc~ e rom oss eceipts.
13. RENTAL (8.129N)
LESSEE shall pay rental for use of the Leased Land during the
Lease Term in accordance with the following agreement:
A. Construction Period. No rental shall be due during
the Construction Period described in Clause 2 (LEASE TERP~I) .
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B. 0 erating Period. Following expiration of the construction
period LL:SSLE shall pay to LESSOR each Accounting Year an
amount of money equal to the greater or the following:
(1) Minimum Annual Rental. The "Minimum Annual Rental"
as referred m his Lease shall be Two Thou-
f- d F H Dollars ~2 00.0 each Acc~~
.YSrs1r.~, subject to the provisions o lause 15 (REVISION
OF RENTALS).
The Minimum Annual Rental shall be prorated for any
rental period less than one (1) full calendar year.
(2) Percentage Rental. The following percentages
of Gross-Receipts .from business operations conducted
on or from the Joint Leasehold shall be used for
computing "Percentage Rental" as referred to through-
out this Lease, subject to the provisions of Clause
' 15 (REVISION OF REiJTALS):
(a) Greens Fees, Pro Shop Services, Driving Range,
Equipru n -n .a1. Vendi nm h~an}-~i ncra and all other
income-producing businesses except Res to ran"=`-'
_ op sales of .goods
and merchandise ; _ ----~-- -~--
i. Two. percent (Z~~ for the firstL second,
_third~ fourth,. and fifth~countin~ Years
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ii. Three percent ( ~~ ~ fc,r rhp sixth ~. ~o_~~_
eigY~th, ninth, and tenth Aec~t~nt.; r,a va~r~ ,
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iii. Four percen .tenth Account-
in~_Year an for each Ac oun in Year ther a der,
until the end of the Lease Term.
(b ) estaurant and Cocktail Bar:
throughout the Operating Per_o_.
-- ( c ) Pro Shop s ales
and one-half percen
eriod.
rchandise: One
ing
Should golf holes located within the Leased Land become u la able
for any per o in exces nsecutive days because of water
e an a Ana River or because of cons ruc on un er-
taken to rebair flood dama,e or ~~~rr3~~~-i ~n ~r o mod fy _or_im~rove
flood control_or water_conservation facilities income produced by
business operations on or from. ~~
the Joint Leasehold dur,i.n~, such
period shall not be included in Gross Receipts~~for purposes oP
calculating Percentage Rental. Should LESSOR undertake flood
control channel modification er improvement work other than that
required by Clause 25 (DAMAGE TO OR DESTRUCTION OF I;-~PROVEt~IENTS )
and the golf holes located within the Leased Land become unplay-
able as a result, the iYTinimum Annual Rental shall be reduced pro
rata to relieve LESSEE of the obligation to pay rent for such
period as the golf holes are unpiayab le by reason of such modi-
fication or improvement work.
14. PAYMENT OF RENTALS (~3.12gN)
Rental shall be payable monthly.
-°---
On or before the twentieth day
Two percent (2~)
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following the end of each calendar month of the Operating Period
and of the renewed Lease Term, if any, LESSEE shall subrriit to
LESSOR a true and correct statement, certified under penalty of
perjury by a responsible officer or employee of LESSEE, provid-
ing the following information:
A. The Cross Receipts for restaurant and cocktail bar
operations for the preceding month;
B. The Gross receipts for restaurant and cocktail bar
operations from the beginning of the Accounting Year
to the last day of the preceding month;
C. The Gross Receipts for Pro Shop sales for the pre-
ceding month;
D. The Gross Receipts for Pro Shop sales from the begin-
ning of the Accounting Year to the last day of the preceding
month;
E. The Gross Receipts for all other j.ncome-producing
operations for the preceding month;
F. The Gross Receipts for all other income-producing
operations from the beginning of the Accounting Year
to the last day of the preceding month;
G. The Percentage Rental computed from Gross Receipts
for the period from the beginning of the Accounting Year
to the last day of the preceding month;
H. The total rental paid by LESSEE for the Accounting
Year; and
I. The rental due for the preceding month.
Rental due for the preceding month shall be paid concurrently with
submission of said monthly statement and shall be the greater
of the following:
J. The Percenta~;P RPn >_ computed for t_he ~ q~~~'~om
the beginni Year to the last day of
t e preceding month, less 1 aid or e Accou ng
Year; or
~~
K. One-twelfth {1/12) of the I~Zinimum Annual Rental multiplied
by the number of months from the beginning of the Accounting
Year to and including the preceding month, less rental
paid for the Accounting Year.
Payments of money to LESSOR by LESSEE shall be made in cash or by
check or draft payable to Orange County Flood Control District.
All money payable by LESSEE to LESSOR on account of this Lease
and all statements and reports relating to~rent required by this
Lease shall be delivered to:
Auditor-Controller
County of Orange
P. 0. Box 567 (630 North Broadway)
Santa Ana, California y27Q2
or to such other person or address as LESSOR shall designate upon
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1 ten (10) days written notice to LESSEE.
2 A duplicate copy of all statements and reports relating to rent
required by this Lease, shall also be delivered by LESSEE to:
3
Chief Engineer
4 Orange County Flood Control District
P. 0. Box 1078 (~00 West Eighth Street)
5 Santa Ana, California 92702
6 15. REVISION OF RENTALS (5.19N)
7 A. Revision of Minimum Annual Rental. The Minimum Annual
Rental shall not be revised during the Lease Term but shall
$ be subject to revision at the beginning of the renewed Lease
Term as provided in Clause 27 (OPTION TO RENE4J) and shall be-
g automatically adjusted thereafter at the beginning o~~-~
sixth. a even sixtee and twent -first Ac
10 Xears of the renewed ~.e„ase Term to„e goal fifty_percent 50~)
of the avera e annual rent 1 aid by LESSEE to LESSOR~`or
11 t e prece ng five 5 Accounting Years.
12 B. Revision of Percentage Rental Rates. Any one or
more of the percentage rental rates specified in Clause
13 13 (RENTAL), or of percentage rental rates which LESSOR
and LESSEE may hereafter agree upon for other business
14 conducted upon the Joint Leasehold, shall be subject
to revision effective at the beginning of the sixth,
15 eleventh, and sixteenth Accounting Years of the Operating
Period upon written demand of either party made at least
16 one hundred eighty (180) and not more than tcao hundred
seventy (270) days prior to the beginning of the Accounting
17 Year within which the revision shall become effective.
Any adjustment in percentage rental rate finally determined
18 after the beginning of the Accounting Year in which effective,
shall be retroactive to the beginning of said Accounting
19 Year.
20 Revision of percentage rental rates shall be negotiated
by LESSOR and LESSEE. However, if agreement is not
21 reached within sixty (60) days after demand for revision,
the following procedures shall be invoked. LESSOR and
22 LESSEE shall each select a qualified real estate appraiser,
and the two appraisers so chosen shall select a third
23 qualified real estate appraiser. After the three appraisers
have been selected, LESSOR shall immediately fix a time
24 and place for a conference between itself, LESSEE, and
the appraisers. Said conference shall be for the purpose
25 of discussin the_ap_praisal assignment and"g-i`vt~g--gen~l
.__.~ .
instructions to_the appraisers. Within forte-five-`~~
26 day----s--a~`~~r receiving instructions, each of the appraisers
selected by LESSEE and LESSOR shall deliver copies to LESSEE,
27 LESSOR and the third appraiser of a fully documented
written report containing his opinion of the percentages of
28 Gross Receipts which should "reasoria~~ an~"~'"a3`r~~e~fie
basis for tne~ercenta-~;e Rental required by this_ Lease .
29 The third appraiser will analyse said uri~tten reports ,
conducting such investiation as he deems necessary. At
30 a time not exceeding fifteen (15} days after submission of
the written reports and at a place t:~e three appraisers
31 shall name, LESSOR and/or LESSEE may have representatives.
appear to argue such matters relating to the .written
32 reports and conclusions contained therein as either
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deems appropriate. Within five (5) days thereafter
the appraisers shall make a final joint determinai.;ion
in writing of the percentages of Gross Receipts t~rhich
should reasonably and fairly be the basis for the
Percentage Rental required by this Lease. If the appraisers
are unable to reach joint agreement, the final determination
shall be made by the third appraiser, independently.
LESSOR shall pay the fee of the appraiser it has chosen,
and LESSEE shall pay the fee of the appraiser it has
chosen. LESSOR and LESSEE shall each pay one-half of
the fee of the third appraiser.
16. RECORDS AND ACCOUNTS (5.19N)
At all times during the Lease Term, LESSEE shall keep or cause
to be kept true and complete books, recards, and accounts of
all financial transactions in the operation of all business
activities, of whatever nature, conducted on or from the Joint
Leasehold. The records and accounts of such transactions must
be supported by appropriate source documents such as sales slips,
cash register. tap es, purchase invoices, or other pertinent docu-
me nt s .
All retail sales and charges shall be recorded by means of cash
registers which display to the customer the amount of the trans-
action and automatically issue accurate receipts. The registers
shall be equipped with devices which record cumulative sales
totals and provide complete transaction records or with counters
which are not resettab le and. which record on tape the transaction
number and sales details. Cash register readings shall be re-
corded at the beginning and end of each business day.
In the case of greens fees and other admission charges or rentals,
LESSEE shall issue serially numbered tickets for each such fee,
admission, or rental paid, and shall keep accurate records of
said tickets, both issued and unissued.
Within ninety (90) days after the end of each Accounting Year of
the Lease Term, or of any extension of the Lease Term, LESSEE
shall at its own expense submit to LESSOR a balance sheet and
income statement prepared er audited by a Certified Public Ac-
countant, reflecting business transacted on or from the Joint
Leasehold during the preceding Accounting Year. The Certified
Public Accountant must attest that the balance sheet and income
statement submitted are an accurate representation of LESSEE'S
records as reported to the United States of America for income
tax purposes. At the same time LESSEE shall submit to LESSOR
a statement certified as to accuracy by a Certified Public
Accountant wherein the total gross receipts for the Accounting
Year are classified according to tine categories of business
established for percentage rental and listed in Clause 13 (RENTAL),
and for any other business conducted on or from the Joint Lease-
hold.
LESSEE, at its own expense, shall prepare all records and accounts
in a style and form satisfactory to LESSOR, and such records
and accounts shall be kept ai:d shall be made available for review
by LESSOR at a convenient location within the limits of the County
of Orange.
LESSOR shall, by means of its duly authorized agents or repre-
sentatives, have the right to examine andaudit said records
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and accounts at any and all reasonable times for the purpose
of determining the accuracy thereof. The cost of said audit
shall be borne by LESSOR unless results of the audit reveal a
discrepancy of more than five percent (5%) between the rental
computations reported by LESSE}~.' in accordance with this Lease
and the rental computations based upon said audit. In the event
the audit reveals a five percent (5%) or greater dig>crepancy,
the full cost of the audit, as determined by t'r1e Auditor-Controller
of the County of Orange, shall be paid by LESSEE immediately
upon receipt of a statement of such cost from LESSOR.
17. PRICES OF GOODS AND SERVICES (7.159N)
Prices charged for all goods and services, or combinations thereof,
supplied to the public on or from the Joint Leasehold, whether
the same are supplied by LESSEE or by its sublessees, assignees,
concessionaires, or licensees, shall be fair and reasonable,. based
upon the following two considerations:
A. The Joint Leasehold is intended to serve a public
use .and to provide recreational opportunities for
the public at fair and reasonable cast; and
B. LESSEE is entitled to a fair and reasonable return
upon his investment pursuant to this Lease.
The Chief Engineer shall have the right at any time and from time
to time to review the schedule of prices charged for all goods
and services, or combinations thereof, supplied to the public on
or from the Joint Leasehold. LESSEE shall provide a complete
list or schedule of such prices upon written request by the Chief
Engineer.
If upon review, the Chief Engineer concludes that any price is not
fair and reasonable and so notifies LESSEE, LESSEE shall have
the right to confer with the Chief Engineer and to present
reasons for said price. If after said conference. the Chief
Engineer still concludes that said price is not fair and reason- -
able, said price shall be modified by LESSEE, its sublessees,
assignees, concessionaires, or licensees, as directed by the
Chief Engineer. .
LESSEE
18. OPERATING HOURS AND PROCEDURES (7.159N)
the
Operating schedules and operating procedures for each and every
separate business activity of LESSEE conducted on or from the
Joint Leasehold shall be designed to make all the services to
be provided under the terms of this Lease available to the public
to the fullest extent reasonable.
The Chief Engineer shall have the right at any time and from time
to time to review said operating schedules and procedures. LESSEE
shall provide a complete schedule of operating hours and a full
description of operating procedures upon written request by the
Chief Engineer.
If upon review, the Chief Engineer concludes that said schedules
or procedures fail in any way to assure .adequate service to the
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by the Chief Engineer shall be the maximum charged.
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public and so notifies LESSEE, LESSEE shall have the right to
confer with. the Chief Engineer and to present reasons for said
schedules or procedures. If after said conference the Chief
Engineer still concludes that said schedules and procedures fail
in any way to assure adequate service to the public, said schedules
and procedures. shall be modified by LESSEE as directed by the Chief
Engineer.
LESSEE may appeal the decision of the Chief Engineer to the Board
of Supervisors, whose_deci_sion concernin o era ng sc e d
procedures sha~.l be final and, ~cc~..~~~sve,~„~,~, Pending suc appea ,
operating schedules and procedures approved by the Chief Engineer
shall be maintained by LESSEE.
LESSEE shall operate and manage the golf course and other services
and facilities offered upon or from the Joint Leasehold in a
competent and efficient manner, at least comparable to other
well-managed operations of similar type.
LESSEE shall at all times retair, active, glxalified, capable,. and
experienced personnel to supervise LESSEE'S operations and
to be authorized to represent and act for LESSEE.
LESSEE shall require its attendants and employees to be properly
dressed. They shall be clean, courteous, and neat in appearance
at all times. LESSEE shall not employ any person in or about
the Joint Leasehold who shall use improper language or act in
a loud, boisterous, or other~~aise improper manner.
It shall be LESSEE'S responsibility to insure that high standards
of employee conduct and service are maintained and to take all
steps necessary to so insure.
19. SECURITY DEPOSIT (8.129N)
A security deposit in the sum of Ten Thousand Dollars ($10,000)
shall be provided LESSOR by LESSEE at the time of submission
of this Lease to LESSOR for execution. The security deposit
shall take one of the forms set out below and shall guarantee
LESSEE'S full and faithful performance of all the tez°ms, covenants,
and conditions of this Lease: •
A. Cash;
B. The assignment to LESSOR of a savings deposit held in a
financial institution in Orange County acceptable to LESSOR.
At the minimum such assignment shall be evidenced by the
delivery to LESSOR of the original passbook reflecting
said savings deposit and a written assignment of said
deposit to LESSOR in a form approved by LESSOR; or
C. A Time Certificate of Deposit from a financial institution
in Orange County wherein the principal sum is made payable
to LESSOR or order. 13ot:i the financial institution and
the form of the certificate must be approved by LESSOR.
D. An instrument or instrum~ent,;s of credit from a financial
institution or institutions in Orange County, subject to
regulation by the State or Federal Government, pledging
that funds necessary to secure performance of the Lease
are held in trust and buaranteed for payment upon demand
by LESSOR. Both the financial institution(s) and the form
of .the instrument(s) must be approved by LESSOR.
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1 Regardless of the form in which LESSEE elects to make said security
deposit, all or any portion of the principal suns shall be available
2 unconditionally to LESSOR for correcting any aef~zult or breach of
this Lease by LESSEE, his succe~;sors or assigns, or for payment
3 of expenses incurred by LESSOR as a result of taro failure of.
LESSEE, his successors or assigns; to faithfully perform all
4 the terms, covenants, and conditions of this Lease.
5 Should LESSEE elect to assign a savings deposit to .LESSOR, provide
a Time Certificate of Deposit, or provide an instrument of credit
6 to fulfill the security deposit requirement of this Lease, said
assignment, certificate, or instrument shall have the effect
7 of releasing the depository or. creditor the reir. from liability
on account of the payment of any or all of the principal svm
8 to LESSOR or order upon demand by LESSOR. The agreement entered
into by LESSEE with a financial institution to establish the
9 deposit necessary to permit assignment or issuance of a certi- _
ficate as provided above may allow the payment to LESSEE or order
10 of interest accruing on account of said deposit.
11 LESSEE shall maintain the required security deposit throughout
the Lease Term and thereafter as provided in Clause 23 (EARLY
12 TERI~~IINATION BY LESSEE) . Failure to do so shall be deemed a default
of this Lease.
13
The security deposit shall be rebated, reassigned, released, or
14 endorsed to LESSEE or order, as applicable, at the end of the
Lease Term, provided LESSEE has fully and faithfully performed
15 each and every term, covenant, and condition of this Lease.
16 20. INSURANCE (5.19N)
17 LESSEE shall maintain insurance acceptable to LESSOR in full force
and effect throughout the Lease Term. The policy or policies for
18 said insurance shall name LESSOR as an insured and shall, as a
minimum, provide the following forms of coverage in the Gxnounts
19 specified:
20 A. Comprehensive Public Liabilit
21 (1) $500,000 bodily injury, each person.
22 (2) $1,000,000 bodily injury, each occurrence.
23 (3) $150,000 property damage.
24 B. Fire Insurance. Should .any building be constructed or
maintained by LESSEE upon the _7oir_t Leasehold, fire insurance
25 with extended coverage, including water damage arld debris
cleanup provisions, in an arnourt not less than ninety per-
26 cent (90~) of the full insurable value of such buildings
shall be purchased by LESSEE. Said fire insurance shall be
27 in force at the time of compieticn of each and every building
constructed upon the Joirit Leasehold or, if the building exists
28 at the time this Lease is executed, shall be in force at
the time of execution.
29
Each policy of insurance shall contain the following clause:
30
"IT IS AGREED THAT THIS POLICY SIIAI,L NOT I3E CA:~?CELLED NOR
31 THE COVERAGE REDUCED UNTIL `T'HIRTY BAYS AFTER- THE CHIEF
ENGII~?EER OF ORANGE CUU~ITY FLOOD COi~1TROL DIS`i'RIC`Z' SHALL
32 HAVE RECEIVED WRITTEN NOTi:CE TI:EREOF. SUCH NOTICE ;HALL
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BE EFFECTIVE THE DATE OF DELIVERY TO THE CHIEF ENGINEER,
AS EVIDENCED BY PROPERLY VALIDATED RETURN RECEIPT.''
LESSEE agrees to deposit with LESSOR, at or before the times
specified above, two copies each of such acceptable policy or policies
of insurance, and further agrees to keep such policy or policies
in effect and on deposit with LESSOR during the entire Lease Term.
No policy shall be acceptable unless first approved by -LESSOR.
LESSOR shall retain the right at any time during. the term of this
Lease to review the coverage, form, and amounts of the insurance
required hereby. Tf, in the opinion of LESSOR, the insurance
provisions in this Lease do not provide adequate protection
for LESSOR and for members of the public using the Leased Land,
LESSOR may require. LESSEE to obtain insurance sufficient in
coverage, form and amount to provide adequate protection. 'LESSOR'S
requirements shall be reasonable but shall be designed to assure -
protection from and against the kind and extent of the risks which
exist -at the time a change in insurance is required.
LESSOR shall notify LESSEE in writing of required changes in the
insurance provisions and, if LESSEE does not deposit copies
of acceptable insurance policies with LESSOR incorporating such
changes within sixty (60) days of receipt of such notice, this
Lease shall be in default without further notice to LESSEE,
and LESSOR shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance
shall not be construed to limit LESSEE'S liability hereunder nor
to fulfill the indemnification provisions and requirements of
this Lease. Notwithstanding said policy or policies of insurance,
LESSEE shall be obligated for the full and total amount of any
damage, in,)ury, or loss caused by negligence or neglect connected
with this Lease or with use or occupancy of the Leased Land.
21. INDEMNIFICATION (5.19N)
LESSEE 's hall indemnify and hold harmless LESSOR, its officers,
agents, and employees, from and against any claim, demand, expense,
loss, or liability of any kind or nature which LESSOR,. its officers,
agents, and employees, may sustain or incur or which may be
Imposed upon them or any of them as a result of, arising out of,
or in any way connected with this Lease or with occupancy and
use of the Leased Land by LESSEE, its officers, agents, employees,
subtenants, licensees, patrons, or visitors.
LESSEE shall indemnify and hold harmless LESSOR and Orange County
Water District, their officers, agents, and employees, from and
against any claim, demand, expense, loss, or liability of any
kind or nature which may arise from flows of water upon and across
the Leased Land whether flood flows naturally generated, surge
flows arising from upstream water spreading, construction, or
maintenance operations, or flo~~rs resulting from intentional re-
leases of caater for any purpose from upstream storage.
22. ASSIGNING, SUBLETTING, AND ENCUP4BRANCING (8.129N)
Any mortgage, pledge, hypothecation, encumbrance, transfer, sub-
lease, or assignment (hereinafter in this clause referred to
collectively as "Encu.~nbrance") of the Leasehold or any interest
therein, shall first be approved in writing by LESSOP~. Any such
Encumbrance which has not been approved by LESSOR in writing
shall be void. Occupancy of the Leased Land by a prospective
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transferee, sublessee, or assignee before approval of the transfer,
sublease, or assignment by LESSOR shall constitute a breach of
this Lease:
LESSEE hereunder is a corporation. The transfer of any stock
or interest in said corporation in the aggregate exceeding t.venty-
five percent (2510) shall be deemed a transfer within the meaning
of this clause and shall be subject to the requirement .of prior
approval by LESSOR; except, a transfer of stocl~ or interest in
said corporation to a child or children of any stockholder shall
not be subject to prior approval by LESSOR.
Should LESSOR consent to any .Encumbrance, such consent shall not
constitute a waiver of any of the terms, covenants, or ccnditions
of this Lease. Such terms, covenants, and conditions shall apply
to each and every Encumbrance hereunder and shall be severally
binding upon each and every encumbrances, assignee, transferee,
subtenant, or other successor in interest of LESSEE.
Any document to mortgage, pledge, hypothecate, encumber, transfer,
sublease, or assign the Leasehold or any interest therein, shall
incorporate directly or by reference all the provisions of this
Lease.
LESSOR agrees that it will not arbitrarily withhold consent
to any Encumbrance, but LESSOR may withhold consent at its sole
discretion if any of the following conditions exist:
A. LESSEE or any of its successors or assigns is in
default of any term, covenant, or condition of this Lease,
whether Notice of Default has or has not been given by
LESSOR. .
B. The prospective Encumbrances has not agreed in z~rriting
to keep, perform, and be bound by all the terms, covenants,
and conditions of this Lease.
C: All the terms, covenants, and conditions of Encumbrance,
including the consideration therefor of any and every kind,
have not been revealed in writing to LESSOR.
D. The construction required of LESSEE as a condition of this
Lease has not been completed to the satisfaction of LESSOR.
E. The processing fee required by LESSOR and set out
belovr has not been paid to LESSOR.
(1) A fee of Two Hundred Fifty Dollars 0250) shall
be paid to LESSOR for processing each mortgage, pledge,
hypothecation, or encumbrance submitted to LESSOR
for LESSOR'S consent as required by this Lease.
This processing fee shall be paid at the time such
mortgage, pledge, hypothecation, or encumbrance is
submitted to LESSOR for its consent and shall be
deemed earned by LESSOR wtren paid and shall not be
refundable .
(2} A fee of Five Hundred Dollars ($500) shall be
paid to LESSOR for processing each assignment, transfer,
or sublease submitted to LESSOR for LESSOR'S consent
as required by this Lease. This processing fee shall
be paid at the time such assignment, transfer, or
sublease is submitted to LESSCR for its consent and
.aso.,~ ~I -18-
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2$
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~, ~~
shall be deemed earned by LESSOR when paid and
shall not be refundab le .
9T44 r~c~gT~.
Upon LESSEE'S request, LESSOR agrees to execute its written consent
to conveyance of the Leasehold to a Tz°ustee under deed of trust
(herein called "Trustee") for the benefit of a lender (herein
called "Beneficiary"), subject to the following covenants and
conditions:
F. Such deed of trust and all rights acquired thereunder
shall be subject to each and every term, covenant, and
condition set forth in this Lease and to all the rights
and interests of the LESSOR hereunder, except as herein
otherwise provided.
G. In the event of conflict between the provisions of
this Lease and the provisions of any such deed of trust,
the provisions of this Lease shall control.
H. Prior to execution of said consent, LESSEE shall
furnish to LESSOR a complete copy of the deed of trust
and note to be secured thereby, together with the name
and address of the Beneficiary thereunder. No such
deed of trust shall be valid or effective unless and until
LESSOR shall execute its written consent thereto as hereinabove
provided.
I. Immediately after recording such deed of trust, LESSEE,
at LESSEE'S expense, shall cause to be recorded in the office
of the Recorder of Orange County, California, a written request,
executed and acknowledged by LESSOR, for a copy of any Notice
of Default and any Notice of Sale under the deed of trust,
as provided by statutes of the State of California relating
thereto.
The prior written consent~of LESSOR shall not be required for:
J.~ Transfer of the Leasehold by reason of foreclosure sale
pursuant to terms of a deed of trust to which LESSOR has
consented, ,judicial foreclosure of such a deed of trust, or
assignment in lieu of foreclosure of such a deed of trust; or
K. Any subsequent transfer by the Beneficiary in such
deed of trust, if .the Beneficiary is an established bank,
savings and loan association, or insurance company, and
is the purchaser at such foreclosure sale;
Provided that in the event of a transfer of the type described
in sub-headings "J" and "K" next above, the Beneficiary gives
immediate written notice to LESSOR of such transfer. Such notice
shall set forth the name and address of the transferee, the
effective date of the transfer, and incorporate the express
agreement of the transferee to assume and perform all of LESSEE'S
obligations under this Lease. A copy of the document by which
such transfer is made shall also be provided to LESSOR,
The transferee in a transfer not requiring LESSOR'S prior written
consent shall be liable to perform the obligations of the LESSEE
under this Lease only so long as such transferee holds title to
the Leasehold. However, a subsequent transfer of the Leasehold.
shall not be made c~rithout the prior written consent of LESSOR and
shall be subject to all the conditions provided herein.
reso-~s !~ -19-
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LESSOR agrees that it will nod; terminate this Lease because of a
default or breach on the part of LESSEE if the Beneficiary under
any deed of trust to which LESSOR has given its consent, within
sixty (60) days after service of written notice on said Beneficiary
by LESSOR of its intention to terminate this Lease for such de-
fault or breach, shall:
L. Cure such default or breach if the same can be~cured
by the payment or expenditure of money required to be paid
under the terms of this Lease, or if such default or breach
is not so curable, cause the Trustee under• said deed of
trust to commence and thereafter to diligently pursue to
completion the steps and proceedings required to exercise
the power of sale under ar~d pursuant to the deed of trust
as provided by law; and ,
T~f. Keep and perform all the terms, covenants, and condi-
tions of this Lease requiring the payment or expenditure of
money by LESSEE until such time as the Leasehold shall be
sold under said power of sale or shall be released or
reconveyed thereunder; provided, however, that if the
Beneficiary of the deed of trust shall fail or refuse to
comply with any or all of the conditions of this paragraph,
then and thereupon LESSOR shall be released from the
covenant of forbearance.
23. EARLY TERb2INATION BY LESSEE (5.19N)
The Leased Land is and shall continue to be an integral part of
the system of flood control and water conservation facilities
operated by LESSOR and shall be subject to flood and other flows
of varying intensities at any time and from time to time. As
a consequence, LESSEE is assuming substantial risk of flood
damage to and destruction of improvements to be constructed
within the Leased Land and may conclude, after experiencing the
kind and extent of such damage or destruction, that it is econo-
mically.impractical to continue to maintain and operate golfing
facilities upon the Leased Land. Should LESST;E so conclude,
LESSEE shall have the right to terminate this Lease subject to the
provisions which follow.
Because the Leased Land is an integral part of LESSOR'S system of
flood control and water conservation facilities, LESSOR reserves
the right to undertake channel improvement work within the Leased
Land. Should LESSOR choose to exercise this right, LESSEE may
conclude that the Leased Land is no longer desirable for the
uses permitted LESSEE by this Lease. Should LESSEE so conclude,
LESSEE shall have the right to terrr3 pate this Lease at any time
between the date upon which LESSOR is scheduled to begin said work
and the date ene hundred eighty (180) days after completion
thereof subject to the provisions which follow.
At an;~ time during the Construction Period described in Clause 2
(LEASE TERT~I) and referred to at other places herein, LESSEE shall
have the right to terminate this Lease subject to the provisions
vrhich follow.
Should LESSEE elect to terminate this Lease as provided above,
LESSEE shall give LESSOR written notice thirty (30) days prior
to the effective date of termination. Upon said effective date,
LESSEE shall be absolved of obligations under this Lease which
have not then accrued, except as hereinafter provided.
Faeo-» ~~ -20-
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Should LESSEE elect to terminate this Lease as provided above,
it shall be the obligation of I~ESSI~'E to leave the Leased Land
in a condition acceptable to the Chief' Engineer. `I.'his obligation
includes the requirement that the Leased Land be left in a safe,
clean, wholesome, sanitary, and sightly condition as well as the
requirement that flood control facilities within the Leased Land
be left in the state of maintea~ia.nce and functional adequacy stipu-
lated in Clause 8 (I~nAINTEiJAhICL;) of this Lease.
LESSOR shall retain the security deposit required as a condition
of this Lease until the Chief Engineer shall have determined that
the Leased Land and flood control facilities therein have been
left in the condition required by this Lease. Should LESSEE fail
to leave the Leased Land and flood control facilities in accept-
ab le condition, the Chief Engineer shall take those steps he
deems necessary to place the Leased Land and flood control
facilities in such condition, and the cost thereof shall be
borne by LESSEE. If LESSEE should fail to pay said cast within
ten (10) days after receipt of i~aritten demand therefor from~the
Chief Engineer, said cost shall. be assessed against said security
deposit, and LESSEE shall have no recourse therefor.
In the event of early termination of this Lease as provided above,
Clause 7 (OWNERSHIP OF IP~7PROVEI~IEi~1TS ) notwithstanding, LESSEE shall
have the right to remove and salvage improvements cahich it has
placed upon the Leased Land; except, no improvement may be removed,
the removal of ~rhich 1) decreases the water carrying capacity of
Santa Ana River and Santiago Creek channels belova that required to
be maintained by LESSEE as a condition of this Lease, 2) adversely
affects the integrity of said channels, or 3) reduces the level of
flood protection afforded adjoining land by said channels .
LESSOR shall have the right upon early termination of this Lease
to require removal of Leasehold improvements from the Leased Land
by LESSEE as provided in Clause 7 (0?~INERSHIP Or^ II~ZPROVE~~'IENTS } .
24. QUITCLAIlti1 OF LEASEHOLD UPON TERMINATION (~+.89N)
Upon termination of this Lease for any reason, including but not
limited to termination because of default by LESSEE, LESSEE shall
execute, acknowledge, and deliver to LESSOR, vaithin thirty (30)
days after receipt of a written demand therefor, a goad and suf-
ficient deed whereby all right, title, and interest of LESSEE
in the Leased Land is quitclaimed to LESSOR. Should LESSEE fail
or refuse to deliver the required deed to LESSOR, LESSOR may
prepare and record a notice reciting the failure of LESSEE to
execute, acknowledge, and deliver such a deed and said notice
shall be conclusive evidence of tre termination of this Lease
and of all rights of LESSEE or those claiming under LESSEE in
and to the Leased Land.
25 . DAPnAGE TO OR DESTRUCTION OF II~ZPROVEI~riENTS ( 5 .19N )
In the event of damage to or destruction of improvements located
upon the Leased Land or the Jo3.nt Leasehold, or in the event
improvements located upon the Leased Land or Joint Leasehold
are declared by a pub lic entity with the authority to enforce
such declaration to be unsafe cr unfit for use or occupancy and
this Lease is not terminated as provided herein, LESSEE shall,
within thirty (30) days, commence and diligently pursue to com-
pletion the repair, replacement, or reconstruction of improve-
ments necessary to permit full use and occupancy of the Joint
Leasehold for purposes permitter? by this Lease. repair, replace-
ment, or reconstruction of improvements within the Leased Land
reeo•is I) -21-
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~~~# 9T44 r~~E8TT
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shall be accomplished in a manner acceptable to the Chief Engineer
and shall be subject to his prior written approval.
26 . LT•ZINENT DOP~IAIIv ( 8.129N )
In the event the whole or any part of the Joint Leasehold is
condemned by a public entity in the lawful exercise of the power
of eminent domain, this Lease shall cease as to any portion of the
Leased Land condemned upon the date possession of that portion is
taken by the public entity. If only a part of the Joint Leasehold
is condemned, LESSEE shall have the election of:
A. Terminating this Lease and being absolved of obligations
hereunder which have not accrued at the date possession is
taken by the public entity; except, LESSEE shall have ,the
obligation to leave the portion of the Leased Land not
condemned and the flood control facilities therein in
the condition and state required by Clause 8 (MAII3TENANCE)
of this Lease; or
B. Continuing to occupy the Leased Land or its remainder
and remaining bound by the terms, covenants, and conditions
of this Lease.
LESSEE shall give notice in writing of his election hereunder
within thirty (30) days after the date possession of the part is
taken by the public entity.
Except as hereinafter provided, LESSOR shall be entitled to
receive and shall receive all compensation for the condemnation
of all or any portion of the Leased Land by exercise of eminent
domain. LESSEE shall be entitled to that portion of said compensation
which is the value of the loss of use of LESSEE-constructed
improvements for the remainder of the Lease Term, including the
renewal period provided in Clause 27 (OPTION TO RENEW). The amount
to which LESSEE shall be entitled hereunder shall not, however,
exceed the amount expended for facilities constructed upon the
Leased Land as reported in the itemized statement required in
Clause 5 ( IP~IPROVEMEivTS TO BE CONSTRUCTED BY LESSEE)
27. OPTION TO RENE'~7 ($.12gN)
At the end of the Lease Term, LESSEE shall have the option to
renew s Lease or an a d onaT~wen y- ve - n the
cond ~3on hat LESSEE shall have per o n every way and in
good faith, each and all of the terms, covenants, and conditions
of this Lease to the satisfaction of LESSOR throughout the Lease
Term. LESSOR shall be the sole judge of the adequacy of LESSEE'S
performance of the lease obligations for purposes of implementing
this Lease clause.
LESSEE shall give LESSOR written notice of its intent to re-lease
the Leased Land at least six (6) months prior to expiration of
the Lease Term.
Renewal of this Lease shall be subject to those terms, covenants,
and conditions of tt~is Lease that shall exist at the time set
for said notice of intent to re-lease, except as herein provided.
The mi ental sha b utomaticall t the
beginning of the renewed Lease Term to equal fifty perce.nt_ ~.~0;~
of-'b'rie avera~e'~an ni~~.lr r n .al laid by LIJSSEE to LESSCR for the
f800-i! if a ~S 2
rs no• s a
•
• • ~r~~ 9144 r~cE 8T8
1 pr d'n five (5) full Accounting Years Percentage r__ental
for restauran -fir operation within the Joint Lease-••
2 hold shall remain two percent .~2 ~) of gross receipts and ~'ro__Shop
sa es whether on or off the Joint Leasehold shall remain one and
3 one-half n_r ent ~-1/2%) of gross rece p s n excess of. the,
avera~P ann »1 Prn Shop sales for LES~~ 19 7, 1, 19E9,
4 and 1870 fiscal years unless modified as provided in Clause 15
(REVISION OF RENTALS). Percentage rental for other businesses
5 conducted on or from the Joint Leasehold sYiall be:
6 A. Five percent (5%) for the first ten (10) Accounting
Years o e renewe ease~'I'erin;
7 ----------_.
B. Six percent (6%) for each Accounting Year_for the balance
8 of the renevred Lease Term.
~~...~_w _~..
9' Percentage rentals shall be subject to revision in the manner pro-
vided in this Lease at the beginning of the renevred Lease Term and
10 at the beginning of the sixth, eleventh, sixteenth, and twenty-first
Accounting Years of the renewed Lease Term;.
11
28. DEFAULT BY LESSEE {8.129N)
12
Unless othervrise provided in this Lease, LESSEE'S heirs, suc-
13 cessors, executors, administrators, assigns, subtenants, officers,
agents, employees, servants, licensees, visitors, and patrons
14 shall be bound by the terms, covenants, and conditions of this
Lease. It shall be LESSEE'S responsibility to assure that all
15 its obligations under this Lease are fully discharged and satis-
factorily performed by whomsoever undertaken and by tiahomsoever
16 shall exercise any right created by, arising from, or dependent
upon the Leasehold.
17
Should there be a default in the performance of any term, cove-
18 nant, condition, or agreement contained herein, and such default
is not corrected within a reasonable time after LESSEE receives
19 written notice from LESSOR of said default, LESSOR may declare
this Lease to be terminated. All rights of LESSEE stemming
20 from this Lease shall end at the time of such termination.
21 In the event LESSOR shall commence legal action against LESSEE
claiming breach or default of this Lease and the court sustains
22 LESSOR'S claim, LESSOR shall be entitled to recover reasonable
costs of maintaining such action, including attorney's fees, from
23 LESSEE.
24 29. PENALTY FOR FAILURE TO PAY WHEN DUE (5.19N)
25 If money payable by LESSEE as a condition of this Lease is not
paid when due, a penalty of five percent (5%) of the amount due
26 and unpaid shall be added to the amount due and shall be paid
by LESSEE. A further penalty of five percent (5%) of the amount
27 due and unpaid, including previously assessed penalties, shall.
be added for each additional month that said amount remains
28 unpaid.
29 30. UNLAWFUL USE (4.89N)
30 LESSEE agrees no improvement shall be erected, placed upon,
operated, or maintained on the Leased Land ire violation of the
31 terms of this Lease or of any regulation, order of laTrr, statute,
byla~•r, or ordinance of any governmental agency having jurisdiction
32 thereover. I3o business shall be carried or. or conducted upon the
-23-
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Leased Land in violation of the terms, covenants, or conditions
of t?~is Lease, or of any regulation, order of law, statute, by-
law, or ordinance of any governmental agency having ~urisdict~_on
thereover.
31. BILLBOARDS AND SIGNS (8.129N)
LESSEE agrees not to construct, maintain, or allow billboards or
outdoor advertising signs upon the Leased Land; except, contrary
to Resolutions F60-23 and Fo0--65 of the Board of Supervisors of
LESSOR, which prohibit outdoor advertising signs on LESSOR'S properties,
two such signs complying with all local ordinances and approved
by the Chief Engineer will be erm e o a se the golf
course operated within the Joint Leasehold.
32. TAXES AND ASSESSMENTS (4.89N)
All taxes and assessments which become due and payable upon the
Leased~Land or upon fixtures, equipment, or other property con-
structed or placed thereon, shall be the responsibility of LESSEE.
LESSEE shall cause said taxes and assessments to be promptly
paid.
33. HOLDING OVER (4.89N)
In the event LESSEE shall hold over after the term herein provided,
such holding over shall be a tenancy from month to month and shall
be governed by the same conditions and covenants as contained in
this Lease.
34. ABANDONMENT (4.89N)
If LESSEE should ab andon the Leased Land or be dispossessed by
process of law or othervrise, ownership of any personal property
belonging to LESSEE and left on the premises sixty (60) days
after such abandonment or dispossession shall be deemed to have
been transferred to LESSOR. LESSOR shall have the right to remove
and to dispose of said personal property without liability to
LESSEE or to any person claiming under LESSEE and shall have no
need to account therefor.
35. NON-DISCRII~ZINATION (5.19N)
LESSEE agrees not to discriminate against any person or class of
persons by reason of sex, race, color, creed, or national origin.
LESSEE shall make its facilities and services available to the
public on fair and reasonable terms .
36. NOTICES (4.89N)
Any notices given or to be given by either party to this Lease
to the other shall be written and shall be mailed or delivered to
the appropriate party at the address for that party set forth below
or at such other address as that party may hereafter designate by
written notice. •
LESSOR:
LESSEE:
Chief Engineer River View Golf
Orange County Flood Control District 1800 West 22nd Street
P. O. .Box 1078 (IOU West Eighth Street) Santa Ana, Calif.-92706
Santa Ana, California 92702
with a copy to:
reao-» ~I -2~-
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~ •
~~~~ 9T44r~L~8~~
Director of Real Property Services
County of Orant,e
515 North Sycamore Street
Santa Ana. California 92701
37. SUCCESSORS IN INTEREST (y.8yr1)
Unless otherwise provided in this ease, the terms, covenants,
and conditions contained herein sizail apply to and bind the heirs,
successors, executors, administrators, and assigns of all the
parties hereto, all of whom shall be jointly and severally liable
hereunder.
38. WAIVER OP RIGHTS (8.1295)
The failure of LESSOR or LESSEE to insist upon strict performance
of any of the terms, conditions, and covenants in this Lease
shall not be deemed a waiver of any right or remedy that LESSOR or
LESSEE may have and shall not be deemed a waiver of any right or
remedy for a subsequent breach or default -of the terms, conditions,
and covenants herein contained.
39. LEASE ORGANIZATION (~+.89N)
The various headings in this Lease, the numbers thereof, and the
organization of the Lease into separate sections and paragraphs
are for purposes of convenience only and shall not be considered
otherwise.
40. PARTIAL INVALIDITY (~.BgN)
If any term, covenant, condition, or provision of this Lease is
held to be invalid, void, or unenforceable by a court of compe-
tent jurisdiction, the remainder of the provisions hereof shall
be in no vray affected, impaired, or invalidated thereby and shall
remain in full force and effect.
41. ANIENDr~7ENTS ( 8.1296 )
This Lease sets forth the entire agreement bet~~reen LESSOR and LESSEE
and any modification must be in the form of a written amendment.
42. rORCE MAJEURE (4.89N)
If either party hereto shall be delayed or prevented from per-
forming any ob liation required hereunder by reason of acts of
God, laws, ordinances, or other governmental regulations, or
other cause beyond the control of the party obligated and for
which he has no fault (financial inability excepted), performance
of such obligation shall be excused for the period of such delay.
The time provided for performance of any such obligation shall
be extended to encompass the period of such delay. However,
nothing in this clause shall excuse LESSEE from the prompt pay-
ment of any rental or other charge required hereunder to be
paid by LESSEE except as may be expressly provided herein.
4 3 . TIr•~E ( 4.89 s )
Time is the essence of this Lease.
.e6o.,~ II -25-
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IN WITNESS WHEREOF, the parties hereto have executed this Lease
the day and year first above written.
ATTES`f
W. E. ST JOHN, County Clerk of
the County of Orange and ex
officio Clerk of the Board of
Supervisors of Orange County
Flood Control District
r'eputy
APPROVED SAS ._TO FORM:
Adrian Ku~rper
County .Counsel
By
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
LESSEE:
RIVER VIEW GOLF
LESSOR:
ORANGE COUNTY FLOOD CONTROL DISTRICT
~,jl
By ~ ~- :~C t ~~,C ~ . j ..
G~airman, Board of Supervisors
of Orange County Flood Control
District
a~ ~~ 9744 ~~~~ 882
On this 2nd day of Au st ~, 19 1, before me, the under-
signed, a Notary Public in an or sai -Z`ounty an State, residing therein,
duly commissioned and sworn, personally appeared G?mj Hirs ei
as Chairman of the Eoard of Supervisors o 'range ounty,
Cali ornia, sa oar acting as the governing board of Orangge County Flood
Control District. Wm~ Hirstei is knotan to me ice be the per-
son described in an~whose name Ys su scr tie to the within instrument, and
acknowledged to me that he executed tie same on behalf of said Orange County
Flood Control District of Orange County, and as such officer thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affi~:eci my official
seal the day and year in this certificatE first above written.
`~A
OFf-lC/~IAL ~ L [~
~~
~ ~~~ ~~
ot~ry I~uu ~.c
County
My commission
_~
C1d2 ~~ ~r .7 ~4~
c3 n d S tk3 t E'.
Expires_______
~;-~~ g~44 T~~Fg~ ~
IN WITNESS WHEREOF, the parties hereto have executed this Lease
the day and year first above written.
RIVER VIEW GOLF
... V -
t ~ _-
. ,
y :~
,=
. .-
ORANGE COUNTY FLOOD CONTROL DISTRICT
W. E. ST JOHN, County Clerk of
the County of
officio Clerk Orange
of tree and ex
Board of
,, ~ j I
~, ~
J -/ '~` '
~
~
~
1 ~ ~~ `
Supervisors of Orange County By
~'~" , r
'
'~"'`~ ~ ~
Flood Control Distric t G~airman, Board of Supervisors
~
` " of Orange County Flood Control
" '' `
'
~ District
~_.
eputy - - ~ - -
~~
APPROVED AAS _T0 FORM:
Adrian Kuyper
County Counsel
By
APPROVED AS TO AUDIT AND ACCOUNTING:
V. A. Heim
Auditor-Controller
RECOMMENDED FOR APPROVAL:
H. G. Osborne, Chief Engineer
Orange County Flood Control District
r: /~~
r~
By y o -~„~Crry~~~._
Stanley E. Krause, Director
Dept. of Real Prope y Servic s
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}~~`>`.I'/')'i'};. Cola Cotr.,~so L,~~~;::r:. t~7}::i'TTIs?.~: P.ll,t,1. CIIICI~Lll: }:. L. L.
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P~>I:CEL A :
Those per_i:i_ons of (i) Section 2., Townsl;ip S South, range J.0
t'Iest, i.n the Ral~c}to Las Balsas, City of Santa An.a, Co_u7ty of Or- nee,
5t:ate of CaJ_i_foriz_ia, per neap ri.cordccl in book 5J_, page 12 c:f iviiscel-
J.CiL1C'OtiS !taps in the office of the County Recorc7,er of said taunt:}=;
(2) Lot A of Tr.rlct ~'o, 160, in said city, count:y and state, per map
r_ocorcjod i11 boot; ~;8, pages 2l to ?.3 inclusi_vo of said. 1•;:i_scellaneous
Maps; (3) the Aiabur_y Tract, i_n sa:i_d city, cai7nty and state, per. rn~~p
nlcrkecl Referee's "E~l-,ibit: B" recorded in book J_65, page 301 of Deeds
i_n t.l~e office of L-he County I:E:corder_ of Los Angeles County, C~~.li-
fornia; and (!~) I~fJts ?_5 and 2& of the Potts, Borden and Si.dwell Tract,
pertly in said city anti all in said Orarl~e County, per reap recorded
i_11 hook 4, page 6?_4 of Iv;iscellarLeaizs i;ecorcls ir, the ofi~ice of the
County Fecorder of said Los AngeJ.es County=, described as a whole ~.s
Begi_l7ning at t:he westerly corner of the J_and described in the
deed to ti7e City of Santa Ana, re.cordcd 1`1ay. 11., 1962, i_n boo!: 6;06,
pa~,e 9 of_- Offi_ci_a1 Records a_n L'hr' office of saa.d Caunt:y Rc~cord4r_ of
Oral~g.: Cou17~.y; t:he;7ce I~. 35° 4-9 ` 2l" ?;a , 1357.75 feet. alolzg tllc no:~ tl7-
~~r~:st J.i_ile of sa:~d land to an angJ.e po:i_l.l.t there i i7; t:lience
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No 3~+ ~sS' U5" Lo ; 1505, ~s5 feet aJ_ong said nc)ri~h~,•7est li_I7e ant' its
170rt:hr'c^,St:GI-1y p"J"01:~17~-~t:1C1"1 t0 t:1::'- 1)C:ul_17i1J_T?.f~ Uf a tcT_1~C.11{J C7.11':VC'., CO;1-
Cc\'4 :%rJtltal~'c^^~Stel;7.jT C111Ci h~\!:l.11F ? 1:r±dJ_11S Uf J~+O,~)l~ f~4i:; t.11Gi1C0 1\uri`-11--
f'asterJ.y anCi 1',~l,i:C.r~~= ~)?~,2J I(;C'_t. ciiOng Said CL1rVe tllrOtlgl:l ~! CC'i1Llal
c I",."J_E' C) ~5° J 1' S`)"; thctlce i:a i7 r,C:77t t0 saa_Cl Ct7.L\=e, rC.'.Si: 20:x, C'~1 f;F'C'~_
to an angle point i_1 the Wort:h~~_l.y 1i_ne of I,ot 30 of sai_:+ 'J'r.::ct i\c,.
160~i, d:1_sL~'rit ~aost 71_,OG fee;: aJ_o.zg said Ilo~.thc~-rly 1x_11; f}-o;17 the
na~~tllc~!st: corner. of s«i_d lot.; thc•nc:e N, 32° 0~' 32" L, , J?_9.9J_ feet
a1an~; t_ho n.ori:'r)easte:'_J.y prolon<<,{-1.071 of_ the nor i.}7~aest 1311e c)f skid
J_ot: 30 to i:]-,e nc~l't-11 J_-±ne of Lot /r of s~;1_d `~.'r.~cL I,o, J6U>; t:i, rlce
t•)est; 1_C~9, J_7 f-ec~t: aJ_ang gai c1 Wort!-! J_:~_rle to it:s ~_nterscction kith t:ile
soot!:^rJ.;' }-)}-oJ_or~~;<:i:i..,11 of i~h~::t: ce~_i_~~..n c_oclcsc slzc~•~r, as L._.~~~:ir.~~; a he.r..
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?.ng Gf 1`v. J.5 ~;~i' ~~)'' 1~, ai?Cl i3. 1C'_li~t:i1 G7, 1~~3. J_9 fi"'' t 111 to-; C'. CdC'.Si:C,r7_y
bou:lc... } J._ llc' ,~ `J',_~....L ?•~ o, GI £~ ), p' J_ nSC.i1- r c:c:o7:d~_d .! ii hoots ~.?_ J , i:C~L,I•~
j:5 axld ~t6 Of s«:~d Mir~ceJ.1~:?-IC~a~u;~ 1•'_;~~rs; Lllcxlce it. 15° O6 ` C~0" 1.
22?_,OC> f-eo.t a.lons~ sand sc,uL-h^.~:J )i:alan~~l~ioll a.nd tac:ste~°l~' lot7,7c'ar
_y }
J.i.nc to aI1 ~ngleUpa_11t tl"lercin; tilcilce I1, 2.4-° ~+J.` Or?" I~, ,J3%7,C'0 },
feet aJ_ol7g ; aicl t~;cst:erJ.y boo:~_ldary J.i_rle to arl angle }~oi_nt. tl:crei~n;
t:he'?"tC:: 17c &° JLt) 1l'r" i , ~+2,~+1 fC'.Ot- t.a a pQ.i..7.1t Ull. t;11C` 110rtI,j-'est.c:rly
p3-olallf;~:i-.ial7 of the southwest lino of J_ot 59 of said Tract Noy G280,
distant. thereon N, 6:'° 52' J.G" t~]„ 3S, 00 i:eet~ fl-on the nla t t,~est:e~ 7.y
coI_nor of said J_o+~: 59; tilcilci N, ?_G° 03' 02" j~;, a 60.3?. fee;.; thence
N. 27° 3l' l+9" E~, 72.SFJ feet.; t:llellce No 3!+° O8` 00" E., 6~+.01
,~CC't: t:0 « }~0111t UI1 tl.lc: 1101"L1"1~JC'.St~C':C ! 17 p'L'OIOnP'~li_'LOi1 Of t1CC nUl-t11-
C~St= J_:1_T1C3 O~' LU Cpl U :iC1iCl 1'rb.Ct~ ?'!u. ('i`l~~), d_~;t,8.L7t: tl"1e1::'_OIl
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No (;/, 3 /' 26" tai o , J E'i. Ov fC'.^% ~r"Oil! tl", : 1"iiaS C 11nr:hC?=.~_~' C'O_I1~^r Oi S i_d
lot bJ_; thence r, 62° 3;~' lG" E, , 13,89 feet ri7_or,g :; ~~_d na~-i-h~~-~.si:e~-ly
p,.ol.ailg~!.t:+.an to t.h ~~ s outl;c•~.st.erJ.y J_i.7,e of the 1.~~~1.d. dc~st:r_~.L~~d i.n dcc~d
to 1`',C'i~7JG'i't: ~'rOi:E.Ct:IOW h'1_Sfi::i_"1_Gt:, I'C'COj'C~C`t ~1~£:71'.?.?,T~ J ~, J )1_~, )_n ~%OC}1°;
32~~, p~;ge J.73 of cleed~, i_n i«1~,~ cff:~cc ai si:l:l.rl Col1I-)i~}= 1,_:~c:.);-clc~- of
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0:~:~Ln~e Cauni.y; t11~~.7.1ce i~;. l~~ ?_3 0., 1?, , /9.. , 1J. i.l~et iilC-~,s; ui_d
Otii:;~(_::~5i~1=:I'~.y 1.a1-,~' tO C, i1 ~i?1~~-~' t1J.lli: i:hC'tc_ .i): t1;.~:?"!C'C'.
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tali l7 C. C' ;i. f~Cl° 5i' .3U" }', , 20, ~;7 f~CC~. C11C)li~ :; CI J.Cl SOl!t:','~_ 1:i7tc' 7101 t,,.'.
soot;.] J-Ln~: of s~:; d -J=,oi; ?S o~ t.l-lc_ ' ;. ~~:- -, ' ;- .-
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t:]",C SC~L1t:11C:~;;t, C'O~";")'.,' O{' t]';C: 7_(=:7,_'} CSC,.. ~ c';1 i.i:i dC.;:Cl t:0 O1c-'1_- (',r
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C%'~13 Ul ::~ :I_Cl nfZ:LCa£t.~. 1?E'Ci.?'):C}~;; i:i-ii`71:_: ~ ~i1c~ )U` i2'' }~. , J.(' ~ ~~^C:i:
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] ~ aJ:c.~;.l~ the' soutlieas t line of t-1~o land describ- eel ili said dn~~cl t.o tl~e
sout.l-,crly line of that. eer_ fain 80.00 foot wide st:ri.r~. of land described
2 i_n dcr.cl t:o t:he State of Cali:for~zi_a, recorded September 11, 7.936, in .
book 8!+3, page 304 of said OfficiaJ_ Records; thence
3 N. 70° 50' 4U`' l~'. , 600.37 feet aJ-on~, said soutl-icrJ_y J_i_ne and. its-
w~est.erJ.y prol.on~;atiou; thence S. 28 ~F7' 45" W. , 1735.33 feet; t:hence
q ~ S. 89° 23' 00" t•1. 140.00 feet• tl--ence S. 38° 33' 02" W. 985.34
feet; thence S. 2E° 28' 4l" W. , 216.33 feet.; thence S. 27° 27' ~~0" W. ,
r 222.77 feet' tlieizce S. 9° 57' 19" E. 99.58 feet• thence
J S. 36° O5' S0" W., 660.37 f-oet.; thence S. 55° 1_?_; 00" E., 44.00 feet;
~ thence S. 36° 03' 06" W., 765.77 feet to a point on a J_ir~e that
passes tl-~rough the point of beginning and that also passes through
7 the most southerly,corner of lot 64 of Tract No. 3834 per reap recorded
in book 133, pages 13 through 15 i_ncl.usive of said Miscellaneous Maps,
~ said point being distant S. 48° 53' 15" E., 120.00 feet along said
line from said most southerJ_y corner; thence S. 48° 53' 15" E. ,
g 340, 36 feet along -said. line to the point- of beginning.
IO ~ PARCEL "B" : .
Jil That portion of -the southeast quarter of Section 35, Totimship 4
South, P.ange l0 West, in the Rancho Las Bolsas, in the County of
7.2 Orange, State of Califor_n:i.a, per map recorded in book 51, page 10
of Miscellaneous 1`Iaps in the office of the County Recorder of said
13 County, together ~~~i_th that portion of Section 2, Tot•lnship 5 South,
Range 10 best, in said rancho,. county and state, per map recorded
Jl~ in book 51, page 12 of_ said Misce.J_larieous Maps, and ti~at port:ion of
Lot: 23 of the Potts, fiorden and Si_d~•?el`~1. Tract, pa,-tly in. the city
I5 ~ of -Santa Ana, alJ_ in said count:y and state, per map reco-rclcd in book
4, page 6?_4 of Isii_scel_laneous Records in the of_f_ice of the County
~G Reco-r_cler of Los AngeJ_es County, Califox-ni_a, described as follows;
I7 Bcg,in+zing at the intersection of the soutl~wcsteY-ly prolongation
of the nortll~•~esterl_y line of the 1_and descri..bed a_n decd to Orange.
If3 Cot~?.zty rloocl Control D:i.str_ict, recorded May 11,1939, i_n book 997,
page lG8 of Offi_ciaJ_ Rcco-rds in the office of said Couni.y lecorder of
1g Orange County ti•rith t-l;e nortl;erly line of t:ha.t. certain 80.00 foot ~-~i.cle
si-ri_p of land desc-r_ibed in decd to the state of Calif.:or_n_a, recorded
20 . Septen:L'er_ ?_2, 1936, in book 839, page 160 of said Official Rccor_ds,
. said point being a curve in sa:i_cl no7°t=horly J_ine conc~;ve soul:lli.t"J_y
2l and having a radius of 2040. UO feet, a 7:ad:i_al_ J_ine of said cu:cvc
through said point bears N. J_8° 57' 29" E, ; thence Eastex°ly 7.03
2? feet aJ_on~; said cur v through a central a;.zgle of 0° 11' 51"; thence
S, 70° 50 40" E. , 683.57 feet- along sa:i_d nortlYerJ_y line and i_ts
23 easterly prol.ongat:ion to a pcint ~•~hich i_s N, 7G° 50' 40" W. , 50.00
- feet, m^asured along said eastea:J_y prolongation, f;-om its inter-
2~ sect:i_on with the easterly li;~e of the land desc~-%bed in deed to Orange
County FJ_ood Cont:rol llistrict:, recorded Aiay 2?_, J_96J_, i_n book 5727,
25 page 843 of said Officia]_ Records; thence N. 13° J_5' 37" E., 757.86
feet:; i:l-~ence N, ?_3° 29.' S3" E, , 884 .1.1 feet; thence
26 N. 34° 04' 13" W,, ?_82,37 feet to the e.~tsterly prolongation of. that
certain cou}:se cited as S. 88° 50' 3fl" E, , 337.37 feet" in 1'aa-ceJ. 1
27 of the deed to tl.ie State of Cali_for;:iia, recorded November 6, 196?_,
in book 637.7_, n~~.ge 6;i J_ of said Of_f:i.cial }:ecol~ds; thence
23 N., 89° 45' 18" titi'. , 3~?_. 89 feet ~~.1_ong sa:i.d r.aster-ly p;_•oJ.ongat:i_on L-o the.
westerly Ii_ne of the 630, 00 foot ~•~]_de str:i.p of land dcscril-~od as
29 "Parcel 2" in the decd i-o the County of Orr n~;e, reeo~-cled May ?_5, 7.93?_
in boot: 557, p^~;c 7.6!, of said O r_ci~ l Recc~;-ds; thence So;~t_h
30 ?_3° 3J.' 00" ;•Y . , J_72.9(i feet along; sa;_d t~~cstcrly li_i~e t.a t:he ;;out:}-,~ac~~ +.:
corner of_ ti-~:' 1^nd desc:~:ibc~cl as "ParreJ. 2" in the' decd to the O~an~;r_
31. County }Mood Cor~t-r.aJ. }):i.st:rice, recordec} Dec~~n;l>er 16, 1.960 ir;. hool;
S55?_, page 3(i?_ cif said Oi~f±_cial }ccor_cls; t:iionce N, 89° li.?_' 30" L. ,
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7u, _`~`) feet along the southerly line of said last mentioned "P~-ircc.J_ ?„
to the northeast- come?' oL the land clescr_ibccl 7_n said. heel: 997, p,~ge
lei 8 of OlficiaJ_ l:ecorcls; thence S, 23° 31' 00" jJ, , 57.0.69 feei: aJ_ong
the sout~.licast J..~1e of said land L-o the east corner of the land de-
scribed as "}'arcel L'1-1J_0?_~?_" in deed to Ur~u1~;c County I`lood Con~r_ol
District, recorded J~~nua-ry 1.6, 1961, i.~i book 5589, pale 559 of sa~_d
Offi_ci~'l );records; thence I\~, 45° 58' 1.0" 1,1,,2.1,95 feet: along the
nor t:l,eas tei: J_y line o:E said "}'arcel EI- J.10?_ . 2" t.e an «ngle point
tl-,crein; thence N~ 45° 18' S5" W,, 53,10 feet along said northeast-
erly line ~ to i~lie north corner of said "Parcel } 1--17.02, 2"; thence
S. 23 31 00 W,, 53,62 fcet_ a1on~, the nerthw._sterly lane of ~~.id
"Par.ccl E1-1102,2." to the west corner of said "Parcel EJ_-1102,2";
thence S. 45° 18' 55" E,, 34.02 feet along the south~'~esterly line o-f-
said "Parcel E1--1102.2" to an angle point Therein; thence
S. 45° 58' 10" E,, 40094 feet along said soutlie,esterly J_ine to the
soutl.i corner_ of_ said "Parcel E1.-110?_,2", said south corner being a
point on said southeast line of the land described in book 997, page
148 of Official Records; thence S,. 23° 31' 00" W,, 880,28 fceL-
along laid southeast J_ine t-o the southeast corner_ of sai_cl land;
thence So 89° [F?_' 30" Wo , /6059 feet: along the south 1.:one of said
land to the. westerJ_y corner of said land; thence SP 23° 31' 00" 1~7, ,
80, 9~{ feet. aJ_ong the south~vestcr_J_y prolongation of the northwesterly
line of said land to the point of beginning.
-r ~ l ~Y •S ?.~~lf 1'-J -
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APPROVED:
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H. G. Os~rne, C z1e - Engineer
Orange County FJ_ood Control District
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S~TT'r`~ ~,1n l,~rr~n ~;1,nr.rjr~:'1 DA)'}~: 10--7-69
11.V J.l1 11 ~ \ \' 1.• 1.'111 V/J J
GoJ_f Cow:se Lease L~1I::CT'1.'1?N: P.D.I~~. CHLC1J~ll: R.L.L.
LOl _° °._._-
2
That l:;ortion of Sectior+ 2, 'J'o~c•mship 5 South, Range 10 tiJest:,
in tlio l~ancl-1o Las );olsas, Cit}~ of Santa Ana, Cotmt:y af: Orange,
State o~ Califarn:i_a, per neap re~ca~:tied in boot: SJ_, page 1'1_ of T~ia::ce1.•-
larreous I~1aps in the office of t.l1e Cou;.zt-y P.ecorcler of said count}-,
together with that pardon of Lot '2.6 of Tract No, 2887 in sa~i_cl r.ity,
country and st:ate, per neap r_ecordcd in book 1.17, pages 28 t.o 30
inclusive of said 1`lisceJ_laneous 1`Saps, described as fallo:~s:
Beginning at a point- on the sout.herl}' line of that certain
80.00 feet wide sfiri_p of land described in deed to the St:ate of Cali--
fornia, recorded September 22, 193G, an book 839, page 460 of Uf-
fac:ial Records in the office of said CouT~t.y Recorder, distant
N. 70° 50' ~+0" Wo, 600.37 feet along said southerly lane and its .
southc~ast.erly proJ_ongaL-ion from the i_nter_section thereof wat.lz the
sout:hc:ast 7_:ine of_ the land dcscribecl in deed to the Orange Caunty
Flood Cot~.trol Distract, recorded T•iay 2?_, 1961, i_n book 5727, page
843 of saad Offic:i_<~.l P\eco~:ds; thence S. 28° 47' 45" Lv', , J_735, 33
feet; t.l~~eT.~ce S, 89° 23' 00" W, , 14U, 00 feet; thence S. 38° 33' 02" L~?, ,
985, 3~+ feet; tl+ence Sa 28° 28' 41_" W, , 216, 33 feet.; tlienc:e
S: 27° 27 ` X10" lti~o , 2.?_?_, 77 feet; thence. S, 9° 57' 19" E, 99, 58 feet;
thence S~ 36° 05' 50" jar, 660, 37 feet=; thence S, 55° 12 ~ 00" L. ,
L~.Ll, Op feet; thence S, 36a 03' Ov" t•yj, , -165, 77 feet to a po:i_nt on a
lard tl~at passes through the rr_ast. sotii:her_-ly corner of Lot. 64 of `i'ra,ct
No, 3834 per map re.cor_ded an boot: 133, pages 13 through 15 inclusive
of • said 1`5:~scell~?n.eous Traps, and wiiach also passes through t:ho
westei:J_y corner of the land descx:a_becl i_n deed t.o tl~e City of
Saizta l~11:a, recorded 1`Iay 11, 1962, in boot: 6106 parse 9 of saad Uf-
fici_al Rc.~corcls, said poa~Zt being d5_stant S, 48a 53ti 15" E. , 1?_0, OU
f-cet. a1on saad 7_i_t~e from said most southely corner. of Lot 64; tl-,ence
N~ jr8° 53~ 15" 1.1, , 120,,00 feet to sa:i_d most southerly cor;zcr; t]-1ei~.ce
PIr 3!1° 48' 00" Eo, J_132,5!+ feat along the southeasterly L•ounclar_y of
said Tract: No, 38!1 to an angle poal:+t thc~:ean; thence
Np 25° 40' UO" L', , 515.15 feet along saad soutl~easte-r_ly bot-llndar_°y
line to t:he no,~t1-Jeast coiner of sa;_cl Tract No, 383!;-, saad coy:leer
being on tl-1e nor_t.l-~ line of the soot:l-~~•Test: quarter of said Sectaan 2;
thence N, 89° 47' SU" L, , 53,!:0 feet aJ_ong sa:i_d no7:th 1:iiZe to the
11ort11C•;e'sterly l:i.ne of the land clcscr.:gybed an dee.cl to Ne-~.7ueri: Pratect.on
Distract, rc:coy:ded October 8, 1921_, an boot: 406, laa~;e J_85 of Dccds i;-~.
the office of said Count:y Recordc~:; thence N. 25° !r0' 00" E, , 179.00
feet. a1on~ said north:aest:eiJ_y Jine t-o ~n angle point- therein; thence,
No 37° 38 52" E, , 36, 38 feet= along saad. nortl~~•7estcrl.y J_i_r1e to the
soutl~east cor_ne7- of Tract T~TO, 3637 per reap rc:co~-doc1. i_n book 119,
pages J_8 t:o ?_0 inclusive of- sai_cl i`Ii_scellaneous T:a~.l~s; th~~ncG ~.J.oiig tiro
southeaster_1_}~ l~_ne of said ~lract I\io, 3637 t0 tl~:~ mast: sotltrlc•;:J_}T corner
of Tract: Teo, 276?_, peg: map r.eco~:cled a_n book J_1.3, pages L6 to ?_&
i.nclusivc of saad AL~scellaneotrs T•iaps; tlzer~ce t~, 39° 21' 38" E. ,
56?_,52 feet along the souther stc~rl.y lane of sa.i_d Tract 2~?0, ?..7b?_ to
the most eastexl_y co~:i~er of l~at 33 of s<~ i_d t-ract, saad 1)o:~_ni: b~•:i_r1V
al~~o a po ~ 1zt on tl:e t•Test.erJ_y rou>>.cl~>.~_y J_anc' 07_ saad Tract I~?o, 2887;
thence S o 0° 1.7 ` 30" L', , ?_:; . 90 feei: alorlL s<:<icl bourJdZ~:y J.it.c to- t,l-~e..-
most soothe:~-1y coy:r~e:~- o_f: sa:;_d `)'r<~cL Ta, ?_8~>7; t:l~ellce -~
1`]~ 36° !11' 051i Io , !157.91) feet <~.lU1~g ti1C southezlstei:l.y Y)aurlcl:~.r_y like
of sa:i.cl Tr~~ct IIo. ?_8u7 to ~?n any;J.e pt-~:i.1i~ tiic:ccin; t:lie;1C'.e
So 0 ~_7 ~) L< , J.L,"I".. l=E:.;t t=0 t _'it, l;~O;it. SOtI't.iif'.{ ~y CC°IiC)'7: G` 7,r)t-
10 0-. ui_d. J. J.~fct: ho 1.&~,7; f:1;:~1.lre T~< _1 , 1c1 00 E , l;.L ,;~ ,~ ~ ~,
_ <~
C ; . , nor ~ ~ 1' r T. - O \,
Sa1.C1 , I. fal <,~tC_]:.I y bOl'.'1\,£'-)-y J:i_;lC Off" ]~:i:~.Ct: ICJ. 2<,v'/• tCJ t:lzC' ri~0:~'t:
SUUt11!'r1y COi:r"ie7: aj: LOt 26 ai S~x?_d •J~7".~Ct;~ t.11C'-riC`C' l~l, ~) )c 1~.' OC)" ~•], ,
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y `
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1.
i
2
3
5
s
rl
J
10
11
12
I3
1 ~!
J.5
1G
17
18
]9
20
21
22
23
24
25
26
271
2.8
29
3U
31
32
a
. .~,f 97~~r~~E9~3
2G.88 ~~eet alon8 the sotithtaest~r.]_y ]_ine of said lot 2G to the most
~-yest:e~.~]_y co-~~~er of tl.ie l~i~~d cle~;c~'ibed in decd to 0~-~~,f;e Coun~y I~']_oocl
Cont~~o1 District., recorded June ]_6, 1965, in book /555, page 234- of
s~.iid OLfi_cia]_ 1::ecords; thcnr.e iv. 27° 03' 39" L. , 1.47.03 feet. along
the uo~-th~~estcrly line of the 1~a~~cl cleser]_bcd in said cleecl i:o t:he
most no~-ther_Ly corner of said land; thence N, 25° 56' ?_4" E., 803.87.
sect ulon~, the ~vest.er]_y lane of i~he land ciescr_ib`d as "Par_ce1 1" in
deed to O~:an~;e Cotmty F1-ood Control Dist_-ra_ct, recorder' 7u]_y 30, 1969,
in book 9034, page 417 of_ said 0{=ficial Records to the ~ southerly line.
of said 80.00 feet. wide strip of l~~ncl deseri_becl in deed to the Staf~e
of California; L-hence S. 70° 50' 40" E,, 83,16 feei: along said south-
erly lino to tl~e point of begi_rining,
i,sc:~t,j,._ ,
i i.-~.~. ~'. .~.. ~. _ i
- .: ~,;~
., , ,
APPROVED:
H. G. Osbo-ran-e-~-Chief Enbineer
Orange ~ ounty Flood Control District
-2-
^ fnvata
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2
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5
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7
9
10
1l
Y?
~ . 13
14
Y.5
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22
23
2~1
2.5
2G
27
28
29
i0
31
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a L.
._• ' ~ ~ ~ ~;,~ 944 r~r9~~
_ . ~,
. p7~ ~
rAr,7~.,1'J~Y: . Sj.r;:~~A ~~1\f: }z~~v~}: cl~~.r~i`;}I, nA'}~i . IO- 7-G9
;'~'J.n7'L•'. Gu-~f Cc~t~r se Lease ti1}`T1J',?T~; 1.D.11. C}L}~C}.,..L: Lo L. L.
}~~Ar,:~:L:~:'J'Y ho: rol
Tl-,at portion o~: Lots ?_5 and ?_8 of the l~ott.s, }~orclen and Sicl~vci_I
'J'r~=,ct, pa~:~tly ixi the City of. Sar~.ta ~'1na, a].1 in t:he Co~rnty of Orar~~;e,
Stage of Cal~.forrlia, per_ n:ap recorded iTl book ~ , page 624 of Miscel-
laneaL?s Records in the office of t-he Couzlt.y Kecordc.r_ of Los Aril e]_es
County, Californ_i.a, described as fol]_orJS:
Beginning at the intersection of the nor_ther_J_y Ii_ne of that
certain 80.00 foot: wide str_i_p of land closcribed in deed to the State
of- California, recor.cled Sept.er,.ber_ 11, ].936, in book 843, page 30!~
of Official Records i_n the office of tl~ze County l:ecorder, of sa.ry_d
Orange County, with the easterly J_irie of L-he land described in deed
to Orange County }Mood Control District, recorded 1•iay 22,. 1961, in
book 572.7 pad e 843 of said Official Records; thence
N. 70° 50; 40" kT,, 50.00-feet a1_ong said northerly Iine; thence
N. l3° lri' 37" E, , 757.86 feet; tl~~ence N. 23° 2.9' S3" }~. , 88!x. 7.1
feet; ~ tiler-ice N. 34° 04' 13" tJ. , 282.37 feet to L-he easterJ_y praianga•-
ti_on of t}raL' certain cou-r_se cited as "S, ~8° 50' 38" E. , 337.37
feet." in Parcel 1 of the deed to the State of California, recorded
November 6, 19x12 in boat: 6311, page 631 of sa_i_d Off:i_cial l:ecorcls;
t.l-pence S, 89° ~i5 t 18" }?,, , 324.32_ feat aJ_ong said easterly pi°olor,gation
to the easterly J ine of the land closcribed in deed to tl~~e Orange
County Floocl Co~itr.ol D~_stra.ct, r_ecor.ded May ]_9, 1.961 i;z book 572.6,
page 405 of s~zi_d Orf_-ici_al Kecar_ds; thence S. ?_3° 28' S0" ti~1, ,
1163.57 feat alan8; sa~_d Iasi mcnt::l.oned eustc,rly 1inc~ to aiz ar.g]_c
paint tl~erea_n; thence S. 13° :38' 10" [a, , 752.40 feet along said :Last
menti.onecl easterly 1in.c and the easterly l~_ne of~tl:le I~~~.ld described
in said deed ~_-ecoided in hook 572.7, page. 843 of Off ~ cial l.:ecorcls to
the' point of bc>gz_nning.
E~~C}-~}?'.C that portion L-her_eaf included within the proposed state
1-ligh~•J~.y aCCG'SS 1"Oad ~~7hiC}7 ].S bOllndGd ~S f0110[J:~;
Northerly by said e~~sterJ.y prolongat:i_on of said certain course;
Soutlie~ st:erl_y by stri.cl easterly J.ine of the la;~.d dc~scr%bed in bao'::.
57?_6, p~~e 405 Gf Off1CJ_81 Records; j~Tcstcrly 2nc1 Sotitl-nti7cst.er]_y b;~
the nortl.;er:Iy coot ~_nu ;tiara of that certain curve ci_tecl as ha~r1_ng ~~
radius of 180.0:) feet, a central angle of 69° 50' 28" and an arc
J_erigt.h of 219.41 feet i_n Paree]_ 1 of tl~,e land ~lcser_ibecl in dc:ecl to
the State of Cal.forrii.a, recorded Decerubcr 15, J_9hI, in heel; 5944 ,
page 943 of said Official Rec.ord~.
~,~.;
;. _ .....
i
APPROVED:
}i. C. Osborne, Chief: Erigineer.
Orange County F1oo~l Contr_o1 District