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<br />DRAFT: FOR DISCUSSION PURPOSES <br />DO NOT RECORD <br /> <br />AGREEMENT <br /> <br />1. Premises and Use. Landlord owns the real property located at 914 West Third <br />Street, Santa Ana, California and commonly known as "Angels Park" (the "Premises"). <br />Landlord hereby leases to Tenant the Premises for continued use as a public park. Tenant hereby <br />accepts the Premises in their condition existing as of the Commencement Date of this <br />Agreement. <br /> <br />2. Term. The term of this Agreement shall be for a period often (10) years with an <br />option to extend the term ofthe lease upon providing written notice within six (6) months of <br />expiration of lease. Tenant shall have the right to exercise its option to renew the lease for two <br />(2) additional ten (10) year terms. Upon expiration of the lease period, the lease will become a <br />month-to-month lease. <br /> <br />3. 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 commonly known as the Neal Machander Tennis Center. Said leases are contingent on <br />the other lease being in effect. If either lease is terminated, for any reason, both leases shall be <br />deemed terminated. <br /> <br />4. Non Recording. Neither party shall record this Agreement. <br /> <br />5. 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 Angels Park <br />property as a basis for applying for grant funding. <br /> <br />6. Indemnity. Tenant shall protect, defend, indemnify and save and hold harmless <br />Landlord, its officers, officials, employees, and agents from and against any and all liability, loss, <br />damage, expenses, costs (including without limitation costs and fees of litigation of any nature) <br />arising out of or in connection with Tenant's performance of this Agreement or Tenant's failure <br />to comply with any of Tenant's obligations contained in the Agreement by Tenant, its officers, <br />agents or employees except such loss or damage which was caused by the sole negligence or <br />willful misconduct of Landlord. In the event Landlord is named as codefendant, Tenant shall <br />notifY Landlord of such fact and shall represent Landlord in such legal action unless Landlord <br />undertakes to represent itself as codefendant in such legal action, in which event Landlord shall <br />bear its own litigation costs, expenses and attorney's fees. <br /> <br />7. Insurance. Both the City and the District shall maintain, for the period covered by <br />this Agreement, at their own respective costs, their own respective policy or policies of general <br />liability insurance and property insurance. Each party waives subrogation of its insurance <br />coverage for the other entity. Self-insurance authorized by state law and/or maintained by the <br />City or the District in the regular course of business for its other activities shall satisfy this <br />requirement. <br /> <br />Page 2 of6 <br /> <br />11/18/2008 <br />