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DRAFT: FOR DISCUSSION PURPOSES <br />DO NOT RECORD <br />LEASE AGREEMENT ["Angels Park"] <br />BETWEEN <br />THE SANTA ANA UNIFIED SCHOOL DISTRICT <br />AND <br />THE CITY OF SANTA ANA <br />This Agreement ("Agreement") is made and entered into this _ day of , 2008, by <br />and between the Santa Ana Unified School District, herein referred to as "Landlord" or <br />"District" and the City of Santa Ana, a charter city and municipal corporation, duly organized <br />and existing under the constitution and laws of the State of California, herein referred to as <br />"Tenant" or "City." <br />RECITALS <br />A. On October 4, 1971, the City and District entered into long term lease agreement <br />for the use of the property formerly known as "McKinley Elementary School" and <br />now commonly known as "Angels Park." A graphical description of said <br />property is attached hereto as Exhibit 1. <br />B. On the same date, October 4, 1971, the City and District entered into long term <br />lease agreement for the use of the property formerly known as the "Waterworks <br />Parksite" and now commonly known as the "Neal Machander Tennis Center." <br />C. Both the Angels Park and Neal Machander Tennis Center leases were drafted and <br />intended to be mutually dependent on each other. <br />D. Education Code §§ 10900, et seq. and Education Code §10905, specifically, <br />authorizes the District to cooperate with the City to carry out its purposes in <br />promoting and preserving the health and general welfare of the people of the state <br />and to cultivate the development of good citizenship by providing for adequate <br />programs of community recreation for children and adults. These Education Code <br />sections authorize the District to enter into agreements and to do any and all <br />things necessary or convenient to aid and cooperate in carrying out that purpose. <br />E. Pursuant to its Charter, the City is authorized to convey and lease real property <br />and to enter into cooperative agreements that further the interests of the City. <br />F. This Agreement is intended to continue the lease in place between the City and <br />District in order for the City to be able to maintain the use of Angels Park as a <br />public park. <br />G. The City and District desire to delineate their respective rights and duties <br />regarding use, maintenance, and operation of Angels Park. <br />NOW, THEREFORE, the City and the District hereby agree as follows: <br />Page 1 of 6 <br />11 /4/2008 <br />25P-2 <br />