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