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