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EXHIBIT 1 <br /> Additional Lease Terms and Conditions <br /> WHEREAS, Cass County North Dakota became the rightful owner of certain real property, more <br /> fully described in the attached Lease, through the use of certain disaster relief funds under <br /> Section 404 of the Stafford Act; and <br /> WHEREAS, the terms of the Stafford Act, and related regulations and agreements (e.g., FEMA- <br /> State Agreement) require that Cass County agree to conditions which are intended to restrict the <br /> use of the land to open space in perpetuity in order to protect and preserve natural flood plain <br /> values; <br /> NOW, THEREFORE, the attached Lease is made subject to the following additional terms and <br /> conditions: <br /> 21. Terms. Pursuant to the terms of the Stafford Act, regulations promulgated thereunder <br /> (44-C.F.R. 206-434), as they read now and may be amended in the future, and the <br /> FEMA-State Agreement, the following conditions and restrictions shall apply to the <br /> leased property: <br /> (a) Compatible Uses. The land shall be used for purposes compatible with <br /> open space, recreational, or wetlands management practices; in general, <br /> such uses include parks for outdoor recreational activities, nature reserves, <br /> unimproved previous parking lots and other uses described in 44 C.F.R. <br /> Section 206-434, as it reads now and may be amended in the future. <br /> (b) Structures. No new structures shall be erected on the property other than: <br /> (1) a public facility that is open on all sides and functionally <br /> related to the open space use; <br /> (2) a restroom; or <br /> (3) a structure that is compatible with the uses described in <br /> Paragraph 1(a), above, and approved by Cass County in <br /> writing prior to the commencement of the construction <br /> of the structure. <br /> 2. Inspection. FEMA, its representatives, and assigns, including Cass County, shall have <br /> the right to enter upon the property, at reasonable times and with reasonable notice, for <br /> the purpose of inspecting the property to ensure compliance with the above terms. <br /> 3. Enforcement. Any violation of these terms may, at Cass County's sole discretion, be <br /> deemed a default with all the rights and remedies available under the attached Lease. <br /> Page 4 of 4 <br />