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25P - AGMT SAUSD LEASE
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25P - AGMT SAUSD LEASE
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Last modified
12/13/2018 8:36:33 PM
Creation date
12/13/2018 8:28:39 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25P
Date
12/18/2018
Destruction Year
2023
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AMENDED AND RESTATED LEASE AGREEMENT FOR ANGELS PARK AND THE <br />NEAL MACHANFER TENNIS CENTER BETWEEN THE SANTA ANA UNIFIED <br />SCHOOL DISTRICT AND THE CITY OF SANTA ANA <br />This Amended and Restated Lease Agreement ("Agreement') is entered into this _ <br />day of 201_ ("Commencement Date," by and between the Santa Ana Unified <br />School-DiRrfct, herein referred to as "SAUSD" and the City of Santa Ana, a charter city and <br />municipal corporation, duly organized and existing under the constitution and the laws of the <br />State of California herein referred to as "City." Collectively, City and SAUSD may also be <br />referred to as "the parties." <br />RECITALS <br />A. On October 4, 1971, the City and SAUSD entered into a long-term lease agreement for <br />the use of the property formerly known as "McKinley Elementary School" and now <br />commonly known as "Angels Park." A graphical description of said property is attached <br />hereto as Exhibit 1. On that same date, the parties entered into a long-term lease <br />agreement for the property formerly known as the "Waterworks Park Site," and now <br />commonly known as the "Neal Machander Tennis Center," for use as a Tennis Court <br />facility. A graphical description of said property is attached hereto and marked as <br />Exhibit 2. Both the Angel Park and Neal Machander Tennis Center leases were drafted <br />and intended to be mutually dependent on each other. <br />B. On January 9, 2009, the parties entered into anew Agreement, City Agreement # A- <br />2008-311, which was intended to continue the lease in place between the City and <br />SAUSD in order for the City to be able to maintain the use of Angels Park as a public <br />park. The Agreement had a term of ten (10) years with two (2) optional additional ten <br />(10) year extensions. <br />C. On February 12, 2012, the parties entered into a new Agreement, City Agreement # N- <br />2012-012, which was intended to continue the lease in place between the City and <br />SAUSD in order for SAUSD to be able to maintain the use of the Neal Machander Tennis <br />Center as a Tennis Facility for use by Students and the public. The Agreement had a <br />term often (10) years with two (2) optional additional ten (10) year extensions. <br />D. The parties intend to combine the two leases into one Restated Agreement and to exercise <br />the first optional ten (10) year term extension by way of Amendment. This Amended and <br />Restated Lease Agreement is meant to replace the 2009 Lease Agreement between the <br />parties for Angels Park and the 2012 Lease Agreement between the parties for the Neal <br />Machander Tennis Center. <br />E. Education Code sections 10900 et seq., and Education Code section 10905, specifically, <br />authorizes SAUSD to cooperate with the City to cant' outs its purposes in promoting and <br />25P-3 <br />
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