25C - AGMT - LEASE AND JOINT USE OF TENNIS CENTER

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DO NOT RECORD 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 of ten (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 (2) additional ten (10) year terms. Upon expiration of the lease period, the lease will become a month-to-month lease. 4. Consideration. No money exchange is required. The Consideration for this lease is execution of the lease entered into this same date between these same parties for use of the City's property known as Angel Park. Said leases are contingent on the other lease being in effect. If either lease is terminated, for any reason, both leases shall be deemed terminated. 5. District Priority. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. In the event that the District desires to use or schedule use of the Joint Use Facilities outside of Regular School Hours, it agrees that it will reserve the Joint Use Facilities ahead of schedule. 6. City Priority. City shall have the right at its discretion to schedule activities at the Joint Use Facilities, without prior consent of the District, provided (1) that the times are not in conflict with District Time or (2) activities previously approved by the Technical Advisory Committee. City regulations shall be in effect for purposes of any public usage of the tennis facilities. 7. Scheduling Conflicts. In the event that a scheduling conflict arises and the District. requires use of the facilities during City Time, the District agrees that it will provide a reasonable relocation site for use by the City. 8. Supervision. The District will be responsible for managing the Joint Use Facilities during Regular School Hours and other District Times. Likewise, the City will be responsible for managing the Joint Use Facilities during City Time. The City shall provide a level of supervision and security commensurate with that provided at City-owned facilities at all times while using the Joint Use Facilities. 9. Conflict Resolution. In the event of any conflict with respect to the scheduling of the Joint Use Facilities, or any other implementing provisions in this Agreement, the Technical Advisory Committee shall be consulted to resolve the dispute. 10. Non Recording. Neither party shall record this Agreement. 11. Authority to Seek Grant Funding. The parties agree that Tenant shall have the right to seek grant funding for future projects and rely on its use and lease of the Neal Machander Tennis Center property as a basis for applying for grant funding. Page 3 of 7 8/26/201.1 25C-4