25B - AGMT - LICENSE EXTENSION AT CENTENNIAL

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EXTENSION OF LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT THIS EXTENSION OF LICENSE AGREEMENT ( "Extension ") is entered into this 4th day of February, 2014, by and between the City of Santa Ana, a charter city and municipal corporation, herein referred to as "City ", and Rancho Santiago Community College District, herein referred to as "College ". RECITALS: A. On November 5, 1979, the City Council approved a thirty (30) year License Agreement with College to construct and operate an Adult Career Education Center at Centennial Park, conditioned upon College abiding to deed restrictions required by the Federal Government on Centennial Park. B. The original License Agreement expired in November 2009, and a five (5) year renewal was agreed upon by the Parties, under the same conditions. Such renewal term expires on November 5, 2014. In order to renew, the option must be exercised by providing written notice not less than 180 days prior to the expiration date of the option period. C. College requested a long -term lease agreement in order to invest in improvements to the campus, however said request was denied by the National Park Service (NPS) as such use did not meet the deed restriction that the property be used for recreational purposes. A long -term lease can only be entered if a land conversion is approved by the NPS, transferring the deed restrictions for use as recreational purposes to a new park site of equal value /size (2.6 acres). D. In February 2011, the College entered into a Reimbursement Agreement with the City for up to $300,000 for the preparation of evaluation and documentation to NPS as well as the cost to grade the proposed replacement site. Required documentation for the site at McFadden /Orange (1.4 acres) was submitted to NPS however, NPS indicated that the proposed property was not of equal value /size. In order to complete the land conversion process, the Parties need to identify additional property of equal value. NPS has agreed to allow the City to extend the License to the College for five (5) years in order to complete the process. E. The Parties desire to extend the License and Reimbursement Agreements under the same terms and conditions of the original agreements. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement(s) as hereby extended, the parties hereto do hereby agree as follows: 1. The term of the License shall be extended through November 5, 2019, subject to all of the same terms and condition of the original License Agreement. 25B -3