Agmt 2003 San Leandro Unified School District SLUSD

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II. ~ Use of District Site The use of the Site pursuant to this Agreement shall be as follows: a. District shall make available an area at the Site for use by City for park and recreational purposes, at such times to the extent permitted by law, and in such a manner, as to not interfere with the normal District use of said area ("Open Space Site"). b. District, in its sole discretion, shall furnish to City, for use as park and recreational facilities, other specific portions of the Site on which are located the playground and other normal school recreation equipment ("School Area"). The use of the School Area by City shall be subject to the approval of the District and shall be at times to the extent permitted by law, and in such a manner, as not to interfere with District use and cleaning of said areas and facilities. c. District shall inform the City prior to adopting any plans to modify the site plans of the Open Space Sites or any adjacent educational facilities. III. Rules and Regulations City and District shall, by mutual agreement, establish rules and regulations regarding the conduct of persons using the Site facilities for park and recreation purposes. N. Fees The City shall maintain the Open Space Site as a park that is open to the public. The City may impose a fee on person and/or entity for use of the Open Space Site to the extent that doing so complies with all applicable laws including, without limitation, the Community Recreation Act and the Civic Center Act (Education Code section 38130, et seq.), and all applicable provisions of the Education Code and the Government Code. V. City Improvements a. City may, subject to the mutual agreement of the parties, in compliance with this Agreement and subject to the approval of the Division of the State Architect, if necessary, design, provide, and install facilities and/or equipment on the Open Space Site such as, but not limited to: • Restrooms; • Children's play equipment; • Lighting facilities for night activities; • Softball backstops; • Other ball facilities, such as soccer fields, basketball and volleyball courts; • Field house/score booth; • Concession areas; -2-