2A Public Hearing 2009 0209 - Laserfiche WebLink

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AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND THE SAN LEANDRO UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF THE DISTRICT'S 9~ GRADE CAMPUS GYMNASIUM THIS AGREEMENT is made and entered into by and between the CITY OF SAN LEANDRO, a municipal corporation of the State of California, herein called "City," and the SAN LEANDRO UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, herein called "District" (collectively, the "Parties.") WITNESSETH: WHEREAS, Section 10900 et. seq. of the Education Code (the Community Recreation Act) authorizes cities and school districts to organize, promote and conduct programs of community recreation for the promotion and attainment of general educational and recreational objectives, and to construct, maintain and operate recreation centers, including playgrounds and outdoor playing fields; and WHEREAS, Section 10910 of the Education Code provides that the governing body of any school district may use or grant the use of grounds of the school district to any other public authority for the purposes of such act, whenever such use does not interfere with school uses; and WHEREAS, City and District desire to enter into contract for the use of such property by City for community recreation activities, and for use by District for education and recreation purposes pursuant to said Community Recreation Act, as the provisions thereof exist, or hereafter may be amended. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, and pursuant to the provisions of the Education Code hereinabove referred to, it is agreed as follows: 1. CONSTRUCTION A. District shall cause to be constructed and developed a recreation improvement, hereinafter referred to as "school gymnasium," at the 9th Grade Campus. District shall pay the costs of fees for. architectural and engineering services required in designing, calling for bids, advertising and awarding the construction contract. District shall have the power to award said construction contract and to enter into agreements for the required architectural and engineering services. District shall design and pay the actual costs of construction of said school gymnasium. In the construction of said improvement, District shall obtain all necessary permits and shall comply with all applicable state laws. City shall have the right to review and participate in the design of the school gymnasium; however, District shall retain final approval authority, provided said school gymnasium complies with applicable State law. 2. USE A. To the extent permitted by law, City shall be entitled to schedule exclusive use of the school gymnasium for recreational purposes by the general public beginning 1