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DRAFT: FOR DISCUSSION PURPOSES <br />DO NOT RECORD <br />(2) additional ten (10) year terms. Upon expiration of the lease period, the lease will become a <br />month-to-month lease. <br />4. Consideration. No money exchange is required. The Consideration for this lease is <br />execution of the lease entered into this same date between these same parties for use of the City's <br />property known as Angel Park. Said leases are contingent on the other lease being in effect. If <br />either lease is terminated, for any reason, both leases shall be deemed terminated. <br />5. District Priority. District shall have the right, without prior consent of the City, to <br />schedule use of the Joint Use Facilities during Regular School Hours for both the regular school <br />year and any summer school. In the event that the District desires to use the Joint Use Facilities <br />outside of Regular School Hours, it agrees that it will reserve the Joint Use Facilities ahead of <br />schedule. <br />6. City Priority. City shall have the right at its discretion to schedule activities at the <br />Joint Use Facilities, without prior consent of the District, provided (1) that the times are not in <br />conflict with District Time or (2) activities previously approved by the Technical Advisory <br />Committee. City regulations shall be in effect for purposes of any public usage of the tennis <br />facilities. <br />7. Scheduling Conflicts. In the event that a scheduling conflict arises and the District <br />requires use of the facilities during City Time, the District agrees that it will provide a reasonable <br />relocation site for use by the City. <br />8. Supervision. The District will be responsible for managing the Joint Use Facilities <br />during Regular School Hours and other District Times. Likewise, the City will be responsible for <br />managing the Joint Use Facilities during City Time. The City shall provide a level of supervision <br />and security commensurate with that provided at City-owned facilities at all times while using <br />the Joint Use Facilities. <br />9. Conflict Resolution. In the event of any conflict with respect to the scheduling of <br />the Joint Use Facilities, or any other implementing provisions in this Agreement, the Technical <br />Advisory Committee shall be consulted to resolve the dispute. <br />10. Non Recording. Neither party shall record this Agreement. <br />11. Authority to Seek Grant Funding. The parties agree that Tenant shall have the <br />right to seek grant funding for future projects and rely on its use and lease of the Neal Machander <br />Tennis Center property as a basis for applying for grant funding. <br />12. Maintenance and Repair. During Regular School Hours for both the regular school <br />year and any summer school, the Tenant shall, at its sole cost and expense, maintain and repair <br />the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as <br />janitorial services and any necessary special intensive cleaning. If Tenant causes any damage to <br />the Premises, to the Premises or to access roadways or other nearby facilities, it shall properly <br />repair same as specified by Landlord. All court, landscape, irrigation and structural repairs are <br />Page 3 of 7 <br />11 /4/2008 <br />25R-5 <br />