Agmt 2003 San Leandro Unified School District SLUSD (2)

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AMENDMENT NO. 1 TO AGREEMENT FOR THE JOINT USE OF JOHN MUIR OPEN SPACE SITE THIS AMENDMENT NO. 1 is made and entered into effective June _, 2003 as an amendment to the Agreement Between City of San Leandro and San Leandro Unified School District for the Joint Use of John Muir Open Space Site dated January 3, 2000 ("Agreement"), by and between CITY OF 5AN LEANDRO ("City") and SAN LEANDRO UNIFIED SCHOOL DISTRICT ("District") (together, the "Parties"). RECITALS A. The Parties entered into the Agreement to set forth the terms and conditions by which the Parties jointly develop and maintain a community recreation facility at the John Muir Open Space site for recreation activities and educational purposes; and B. The Parties now desire to amend the Agreement to provide for the development and maintenance of additional parking spaces serving the facility. AGREEMENT NOW, THEREFORE, in consideration of their mutual covenants, City and District do hereby agree as follows: 1. Construction of Additional Parking Spaces. Section 2 ("Constriction") of the Agreement is hereby amended to add a new Paragraph C to read as follows: "C. City has constructed thirty-five Parking Spaces along Leonard Drive to serve the school Open Space Improvement where indicated on Exhibit B hereto ("John Muir"). 2. Operation and Maintenance of Parkin~Spaces. Section 4 ("Operation and Maintenance") of the Agreement is hereby amended to add a new Paragraph J to read as follows: "J. At its own cost and expense, City shall maintain the Parking Spaces described in Section 2(C) above in good order, and safe, sanitary and clean condition. City hereby waives any right to make repairs to the Parking Spaces at the expense of the District." 3. Exhibit B. Anew Exhibit B ("John Muir"), attached hereto, is hereby incorporated into to the Agreement. EREFORE, the Parties hereto have executed this Amendment No. 1 on the "/ ~~' day of ~ _, 2003.