25R - LEASE TENNIS COURT SAUSD - Laserfiche WebLink

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DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD H. The City and District desire hereby to delineate their respective rights and duties regarding use, maintenance, and operation of the Neal Machander Tennis Center. NOW, THEREFORE, the City and the District hereby agree as follows: AGREEMENT 1. Premises and Use. Landlord owns the real property located at the corner of First Street and Flower, Santa Ana, California and commonly known as Neal Machander Tennis Center (the "Premises" or "Joint Use Property"). Landlord hereby leases to Tenant the Premises for continued use as a Tennis Facility. Landlord and Tenant intend that the Premises remain subject to Joint Use as specifically described herein. Tenant hereby accepts the Premises in their condition existing as of the Commencement Date of this Agreement. 2. Definitions: The following definitions shall apply to the terms as used in this Agreement: A. "Premises" or "Joint Use Property" shall mean that certain real property and improvements described in Exhibit 1 attached hereto. B. "Joint Use Facilities" shall mean the tennis courts currently on the Joint Use Property including but not limited to the: public restrooms and parking lot. A graphical depiction of the Joint Use Facilities is attached hereto as Exhibit 1. The Joint Use Facilities specifically excludes that portion of the Premises identified as the Reservoir Service Area in Exhibit 1. C. "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Property or other implementing provisions of this Agreement at the Waterworks Parksite. D. "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through Friday (excluding state and national holiday observed by the District) unless changed by agreement of the parties. E. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. F. "City Time" shall mean those days and hours, outside of Regular School Hours, when the City shall have the right to schedule use of the Joint Use Facilities. 3. Term. The term of this Agreement shall be for a period often (10) years with an option to extend the term of the lease upon providing written notice within six (6) months of expiration of lease. Tenant shall have the right to exercise its option to renew the lease for two Page 2 of 7 11/4/2008 25R-4