Agmt 2003 San Leandro Unified School District SLUSD (4)

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e. Utilities. If the District is able to separately meter or otherwise segregate and identify the utility charges and/or fees for the Open Space Site, City shall pay all utility charges and/or fees for the Open Space Site within thirty (30) days of written request by the District. These utility charges and/or fees maybe for, without limitation, the following services: water, sewer, storm water, gas, heat, light, power, telephone service, and all other services supplied to the Open Space Site. Otherwise, the District shall pay these and all other utility charges for the Site. f. Pesticide Use. City acknowledges the requirements of the Healthy School Act of 2000 (Education Code section 17608, et seq, "Act") for pesticide use on school sites, defined by the Act as, "any facility used for public day care, kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, school vehicles, or any other area of school property visited or used by pupils." (Education Code § 17609(e).) To the extent City's actions on the Site include pest control that could affect a school site as defined by the Act, the City shall take the following actions Provide the District with ninety (90) days notice prior to performing any pest control activity including, without limitation, spraying, placing, or otherwise introducing insecticides and/or pesticides on or near the Site. The District shall have right to approve and/or modify this schedule to match the District's own posting and pesticide use. The District will include this information with the notices the District is required to send and post pursuant the Act. ii. On or before June 1 of each year, provide to the District a complete list of all pesticides, herbicides, and/or other related chemicals that the City may use on the Site, even under unusual circumstance. The District will include this information with the annual/semi-annual notices regarding possible chemicals that may be used at the Site that the District is required to send and post pursuant the Act. District acknowledges that the Act may not apply to the City's activities regarding pest control on the Site if City's activities do not affect a schoolsite as defined by the Act. IX. Term of This Agreement This Agreement shall be in effect for 10 years from the date of the last signature affixed hereto, until December 31, 2013. X. Termination of Agreement a. Notice of Termination. Either party may terminate this Agreement by delivery of written notice of election to terminate at least six (6) months in advance. Notices shall be served either by personal delivery or mail, as follows: -6-