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AGREEMENT BETWEEN CITY OF SAN LEANDRO AND <br />SAN LEANDRO UNIFIED SCHOOL DISTRICT FOR <br />IMPROVEMENT AND RECREATIONAL USE OF SCHOOL SITE <br />THIS AGREEMENT is made and entered into this day of , 2003, by and <br />between CITY OF SAN LEANDRO, a municipal corporation of the Sta e of California, herein <br />called "City," and the SAN LEANDRO UNIFIED SCHOOL DISTRICT, a public school district <br />of the State of California, herein called "District" (collectively, the "Parties") <br />WITNESSETH: <br />WHEREAS, Section 10900 et, seq, of the Education Code (the Community Recreation <br />Act) authorizes cities and school districts to organize, promote and conduct programs of <br />community recreation for the promotion and attainment of general educational and recreational <br />objectives and to construct, maintain and operate recreation centers, including playgrounds and <br />outdoor playing fields; and <br />WHEREAS, Section 10910 of the Education Code provides that the governing body of <br />any school district may use or grant the use of grounds of the school district to any other public <br />authority for the purposes of such act, whenever such use does not interfere with school uses; <br />and <br />WHEREAS, it is the policy of City and District to jointly undertake the development, <br />installation, construction and maintenance of recreational facilities in order to reduce capital and <br />operational costs to both governmental jurisdictions; and <br />WHEREAS, City and District desire to provide by contract for the use of such property <br />by City for community recreation activities, and for use by District and School for education and <br />recreation purposes pursuant to said Community Recreation Act, as the provisions thereof exist, <br />or hereafter maybe amended; and <br />NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set <br />forth, and pursuant to the provisions of the Education Code hereinabove referred to, it is agreed <br />as follows: <br />I. Site <br />The site subject to this Agreement is one (1) school site and one (1) open space site of <br />District located within the limits of City ("Site"), commonly known as Cherry Grove <br />Park, as indicated in Exhibit "A", attached hereto and incorporated herein by this <br />reference. The Site shall be available to City for public recreation purposes consistent <br />with this Agreement, the Community Recreation Act, and all applicable law. <br />