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lm -4- 1/9/76 <br />n <br />as a municipal golf course, and has been operated and controlled by San <br />Marcos Golf Association, the owner of said property, Aquarena, Inc. , <br />and its predecessors in title, Paul J. Rogers and A. B. Rogers, each <br />deceased, has not made any profit from the ownership of said property, <br />nor even any return on its investment, as for example, during the <br />calendar year, 1967, the said City of San Marcos paid rent of One Dollar <br />($1. 00), and the prior year, 1966, the City of San Marcos paid rent of <br />Eighteen Hundred Dollars ($l, 800. 00), which rent in each year was less <br />than the ad valorem taxes on said property, and it has been inherent in such <br />arrangement that the Lessee and Sub-Lessee would not make any <br />profit, at the expense of the landlord, but would invest any excess above <br />operational costs in real and personal property for the betterment of such <br />golf course, and that the title to all such real property improvements and <br />golf course equipment would at all times be vested in the landlord, which <br />at this time is Aquarena, Inc. An inventory of the existing Golf Course <br />Equipment, prepared by the Association and Russell Scott, the professional, <br />is attached hereto and made a part of this lease contract. When the annual <br />lease covering the said golf course is not renewed to the City of San Marcos, <br />it is understood and agreed that the said Association shall deliver possession <br />of all of the personal property listed on the inventory attached hereto, and <br />any and all assets of said Association, including money on hand, less out- <br />standing obligations, to Aquarena, Inc. , and if and when said Association <br />moves to other premises it shall not have the right to take with it to such <br />other location any assets which it has been able to accumulate during the <br />time it has enjoyed the rental arrangement as hereinabove set forth. Nothing <br />herein contained shall prohibit or prevent the said Association from trading