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Recorded is Requested by, and <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 />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 <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 />25E -5 <br />