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L. Lessor has determined it is in the best interests of the citizens of Newport Beach to maintain the
<br />residential character of Beacon Bay and to enter into new leases with Current Lessees under the terms
<br />and conditions specified in -his agreement.
<br />NOW, THEREFORE, in consideration of the foregoing recitals and the covenants in this lease, the parties
<br />agree as follows:
<br />LEASED LAND.
<br />Lessor hereby leases to Lessee the real property commonly known as Beacon Bay Lot 54 (the "Leased
<br />Land"), which is more particularly described in Exhibit B, and generally depicted on Exhibit A, each
<br />attached hereto and incorporated by reference, subject to the limitations on use specified in Section 6.
<br />As used in this Lease, the term "Premises" shall refer to the Leased Land and any improvements
<br />constructed thereon.
<br />Lessor expressly reserves all oil, oil rights, gas, minerals, mineral rights, natural gas rights and other
<br />hydrocarbon substances in and under the Leased Land and the right to grant and transfer the same,
<br />together with all necessary and convenient rights to explore for, develop, produce and extract and take the
<br />same, subject to the express limitation that any and all operations for the exploration, development,
<br />production, extraction and taking of any such substance shall be carried on at levels below the depth of
<br />five hundred feet (500') from the surface of the land by means of wells, derricks and other equipment from
<br />surface locations on adjoining or neighboring land, and subject further to all restrictions and regulations
<br />concerning the drilling for, and production of, oil, gas, minerals, petroleum and other hydrocarbon
<br />substances specified in the Newport Beach City Charter or the Newport Beach Municipal Code.
<br />2. TERM.
<br />The term of this Lease shall commence on the Execution Date, but in no event prior to the Effective Date,
<br />and shall expire on the date fifty (50) years following the Effective Date, unless earlier terminated as
<br />provided in this Lease.
<br />RENTAL.
<br />A. Definitions. For the purposes of this Lease, the following terms shall be defined as
<br />specified in this paragraph. In certain cases, the definition of the term contains operative
<br />language that affects the rights of the parties:
<br />(1) "Actual Sales Value" shall mean the total of all consideration paid for the
<br />non-exempt transfer of this Lease or the Pre-existing Lease, including the improvements
<br />on the Leased Land, from the Current Lessee, or Subsequent Lessee, to another person,
<br />excluding any consideration paid for the transfer of personal property in connection with
<br />such transaction.
<br />(2) "Average Actual Sales Value Rent" shall mean two and one-half percent (2.5 %)
<br />of the mean of the Actual Sales Value of the non-exempt transfer of a similarly situated
<br />(waterfront or interior) Beacon Bay parcels as specified in this subparagraph. Average
<br />Actual Sales Value Rent shall be the mean of the Actual Sales Value of the three similarly
<br />situated parcels most recently transferred. Exempt transfers, as defined in Paragraph
<br />3.B(3), shall not be used to calculate Average Actual Sales Value rent.
<br />(3) "CPI" shall mean the Consumer Price Index - Los Angeles -Anaheim -Riverside
<br />Area, All Urban Consumers, All Items, published by the United States Department of
<br />Labor, Bureau of Labor Statistics (1982-1984=100). If the 1982-1984 base of said
<br />Consumer Price Index should hereafter be changed, then the new base shall be
<br />converted to the 1982-1984 base and the base as so converted shall be used. In the
<br />event that the Consumer Price Index, as now compiled and published, shall cease to be
<br />published, then the successor index shall be used provided that an appropriate
<br />conversion from the old index to the new index can feasibly be made. If such conversion
<br />cannot be made, or if no such index is published, then another index most nearly
<br />comparable thereto recognized as authoritative shall be substituted by agreement.
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