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A-2006-305 <br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL MUTUAL USE AGREEMENT <br />DATE: ;01' 06 <br />(o): /t''rifs V Aze (1) <br />7,6,1V H-) THIS MUTUAL USE AGREEMENT ("Agreement'), made and entered into this 31s` day <br />of October, 2006 by and between Santa Ana Unified School District, a public school district <br />organized and existing under the laws of the state of California (hereinafter "SAUSD"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS: <br />A. The City is the owner of Memorial Park Swimming Pool, located at 2102 S. <br />Flower Street, Santa Ana, California. <br />B. SAUSD is renovating the swimming pool at Valley High School and is in need of <br />a location to hold swim team and water polo practice for the high school teams. <br />C. The City and SAUSD desire to enter into a mutual use agreement for the use of <br />the City owned Memorial Park Swimming Pool. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />USE OF SWIMMING POOL FACILITIES <br />City agrees that SAUSD may utilize the Memorial Park Swimming Pool and locker <br />facilities (hereinafter "Swim Facility") for Valley High School swim team and water polo practices, <br />on a schedule agreed between SAUSD and City Recreation Superintendent. Use of the Facility is <br />limited to daylight hours. <br />A. City Use of Swim Facility <br />1. City shall have priority for use of the Swim Facility for community, <br />recreational, municipal and public swimming. <br />2. City staff shall open and close the Swim Facility each day. <br />B. SAUSD Use of Swim Facility <br />1. SAUSD shall utilize the Swim Facility for practices on a schedule to be <br />approved by the City Recreation Superintendent and SAUSD designated <br />agent. <br />2. TERM <br />This Agreement shall commence on September 1, 2006 and shall continue through the <br />2006-07 SAUSD school year, unless terminated earlier in accordance with Section 20, below. <br />The Executive Director of the Parks, Recreation and Community Services Agency and the City <br />Attorney may extend the term of this Agreement on behalf of the City. The <br />may modify this Agreement on behalf of SAUSD. <br />