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Ninth Grade Campus 3 __ February 5, 2009 <br />Joint Use Agreement <br />Staff recommends the City and District enter into a Joint Use Agreement which provides for City <br />use of the gymnasium during non-school hours. Highlights of this agreement follow: <br />• District shall construct and develop a school gymnasium at San Leandro High School <br />Ninth Grade Campus. <br />• City shall be entitled to schedule exclusive use of the school gymnasium for recreational <br />purposes for the public beginning at 6:00 p.m. on days during which school instructional <br />classes are conducted, except November -February, and on weekends and non student <br />days in which the District has indicated they will not need the gymnasium. <br />• District shall supply lockable space for storage of City supplies and equipment. <br />• District shall maintain the school gymnasium including cleaning, routine maintenance <br />and all repairs. City shall repair any damage caused by vandalism to the interior of the <br />school gymnasium caused during the hours the City has control. <br />• District shall pay ongoing utilities, including electricity and other costs associated with <br />the City's use of the school gymnasium. City shall reimburse District an amount <br />sufficient to pay utility costs at a rate of $20 per hour of use the first year. Future rates <br />shall be adjusted to reflect actual costs, but not by more than 5% annually. <br />Staff recommends the City Council adopt a Resolution Authorizing the Expenditure of Tax <br />Increment Funds for Public Improvements and Public Facilities, Authorizing the Execution of a <br />Joint Use Agreement with the San Leandro Unified School District for Use of a Gymnasium, and <br />Adopting Findings Required by Health and Safety Code Sections 33445 and 33679. <br />Financing Agreement <br />Staff also recommends the Agency and District enter into a Financing Agreement providing for <br />financial contributions and certain in-kind contributions to the Ninth Grade Campus from the <br />Agency. Highlights of the Financing Agreement follow: <br />• The Agency shall contribute $2,257,350 to the Project which includes a $2,170,800 <br />financial contribution and $86,550 in in-kind contributions for construction of the <br />gymnasium building, upgrades to the building exterior, curb, gutter and sidewalk work on <br />138' and Bancroft Avenues, and asphalt improvement to the drop-off area and corner <br />reconfiguration. <br />• Agency shall pay the sum of $535,440 by June 30, 2009. <br />• Agency shall pay the sum of $1,635,360 in annual installments of $327,072 for each of <br />the five fiscal years commencing with FY 2009-10 through FY 2013-14, by June 30~' of <br />the fiscal year. <br />• For any fiscal year commencing with Fiscal Year 2009-10 during which the State <br />requires Agency to make an ERAF contribution, Agency shall be permitted to reduce the <br />annual payment to $160,000 and delay the remaining payment of $167,072 to FY 2014- <br />15 or subsequent fiscal years, depending upon the number of prior years payment was <br />reduced. The repayment schedule may be extended for up to five years such that the last <br />payment would be due in Fiscal Year 2018-19, at which time the $1,635,360 would be <br />paid in full. <br />