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DRAFT: FOR DISCUSSION PURPOSES <br />DO NOT RECORD <br />LEASE AND JOINT USE AGREEMENT <br />["Neal Machander Tennis Center"] <br />BETWEEN THE CITY OF SANTA ANA <br />AND <br />THE SANTA ANA UNIFIED SCHOOL DISTRICT <br />This Lease and Joint Use Agreement ("Agreement") is made and entered into this _ day <br />of 2008, by and between the City of .Santa Ana, a charter city and municipal <br />corporation, duly organized and existing under the constitution and laws of the State of <br />California, herein referred to as "Landlord" or "City" and the Santa Ana Unified School District <br />herein referred to as "Tenant" or "District." <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 the "Waterworks Park Site," and <br />now commonly known as the "Neal Machander Tennis Center," for use as a <br />Tennis Court facility. A graphical description of said property is attached hereto <br />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 "McKinley <br />Elementary School" and now commonly known as "Angel Park." <br />C. Both the Angel Park and Neal Machander Tennis Center leases were drafted and <br />intended to be mutually dependent on each other. <br />D. Prior to this Agreement, the City and District cooperated in the construction, <br />maintenance, operation and use of the Tennis Court facility at the Neal <br />Machander Tennis Center. <br />E. 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 />F. 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 />G. This Agreement is intended to continue the lease in place between the City and <br />District in order for the District to be able to maintain the use of the Neal <br />Machander Tennis Center as a Tennis Facility for use by Students and the public. <br />Page 1 of 7 <br />11 /4/2008 <br />25R-3 <br />