K. Lessor has determined that this Lease is consistent with provisions of the Beacon Bay Bill, the
<br />Charter, General Plan and Zoning Ordinance of the City of Newport Beach, and of all other applicable state
<br />and local laws.
<br />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 this agreement.
<br />NOW, THEREFORE, in consideration of the foregoing recitals and the covenants in this lease, the
<br />parties agree as follows:
<br />1. LEASED LAND.
<br />Lessor hereby leases to Lessee the real property commonly known as Beacon Bay Lot 50
<br />(FIFTY) (the "Leased Land"), which is more particularly described in Exhibit B, and
<br />generally depicted on Exhibit A, each attached hereto and incorporated by reference, subject to the
<br />limitations on use specified in Section 6. As used in this Lease, the term "Premises" shall refer to the
<br />Leased Land and any improvements 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
<br />the 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 />3. 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
<br />person, excluding any consideration paid for the transfer of personal property in
<br />connection with such transaction.
<br />(2) "Average Actual Sales Value Rent" shall mean two and one-half percent
<br />(2_0/o) of the mean of the Actual Sales Value of the non-exempt transfer of a similarly
<br />situated (waterfront or interior) Beacon Bay parcels as specified in this subparagraph.
<br />Average Actual Sales Value Rent shall be the mean of the Actual Sales Value of the three
<br />similarly situated parcels most recently transferred. Exempt transfers, as defined in
<br />Paragraph 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