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<br /> Recorded is Requested by, and <br /> <br /> when recorded, please mail to: <br /> Clerk of the Council <br /> City of Santa Ana <br /> P.O. Box 1988 (M- 30) <br /> Santa Ana, California 92702 <br /> Space Above This Line for Recorder's Office <br /> NO FEE: GOVERNMENT CODE <br /> SECTION 6103 <br /> FIRST AMENDMENT TO JOINT USE AGREEMENT AND COVENANT <br /> BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE <br /> CITY OF SANTA ANA <br /> THIS First Amendment to Joint Use Covenant and Agreement ("AMENDMENT") is dated as of this II <br /> day of , 2010, by and between the Santa Ana Unified School District ("District"), a <br /> public school district duly organized and existing under the laws of the state of California, and the City <br /> of Santa Ana ("City"), a charter city and municipal corporation duly organized and existing under the <br /> constitution and laws of the state of California. <br /> RECITALS: <br /> WHEREAS, the City owns and operates Centennial Park; and, <br /> WHEREAS, the City acquired Centennial Park from the U.S. Government subject to the <br /> condition that it forever be dedicated and set aside for recreational purposes (the "Federal Use <br /> Restrictions"); and, <br /> WHEREAS, District and City entered into that certain Ground Lease and Option Agreement <br /> dated June 2002 (the "Lease") by which the City leased approximately 18.84 acres of Centennial <br /> Park to the District on which the District constructed and operates a performing arts center and <br /> athletic facilities (the "Joint Use Property") as part of Hector Godinez High School; and, <br /> WHEREAS, concurrent with approval of the Lease, the City and the District entered into that <br /> certain Joint Use and Covenant dated June 2, 2002 (the "Joint Use Agreement") to make use of <br /> the Joint Use Facilities to maximize the beneficial use of the land and facilities for the entire <br /> community and in furtherance of the Federal Use Restrictions. <br /> WHEREAS, the District has sought the consent of the City to make certain physical modifications <br /> to the Joint Use Facilities which requires amendment to provisions of the Joint Use Agreement. <br /> WHEREAS, the City is willing to approve those amendments in exchange for changes to fiscal <br /> provisions of Joint Use Agreement to enhance City scheduling of Joint Use Facilities. <br /> 1 <br /> 25E-5 <br /> <br />