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<br />1 <br /> <br /> <br /> <br /> <br />AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND THE SAN LEANDRO <br />UNIFIED SCHOOL DISTRICT FOR THE RIGHT TO CONSTRUCT A WALKING PATH ON <br />CITY LAND AT MCCARTNEY PARK LOCATED ADJACENT TO WASHINGTON <br />ELEMENTARY SCHOOL <br /> <br />This AGREEMENT is made and entered into on ________ of 2013 by and between <br />the CITY OF SAN LEANDRO, a municipal corporation of the State of California ("City") and <br />the SAN LEANDRO UNIFIED SCHOOL DISTRICT ("District"), together referred to herein <br />as the "Parties." <br /> <br />RECITALS <br /> <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 or <br />community recreation for the promotion and attainment of general educational and <br />recreational objectives, and to construct, maintain and operate recreation centers, including <br />outdoor playing fields; <br /> <br />WHEREAS, it is the policy of the City and t he District to jointly undertake the <br />development, installation, construction and maintenance of recreational facilities to reduce <br />capital and operational costs to both governmental agencies; and <br /> <br />WHEREAS, the City and the District entered into an agreement dated March 21, <br />1960 for the construction and operation of the park, with amendments for maintenance; <br />and <br /> <br />WHEREAS, attached to this Agreement and incorporated by this reference are <br />Exhibit A, the shaded area of which depicts the location of the proposed new walking path <br />to be constructed by the District, and Exhibit B, detailed plans for the path, and Exhibit C, <br />Hazardous Materials Definitions. <br /> <br />NOW THEREFORE, in consideration of the covenants and conditions hereinafter <br />set forth, and pursuant to the provisions of the Education Code described above, it is <br />agreed as follows: <br /> <br />1. INCORPORATION OF RECITALS. <br /> <br />All the recitals above are true and correct and incorporated herein. <br /> <br />2. TERM. <br /> <br />The term of this Agreement (the "Term") shall commence upon the District's issuance <br />to the City of a Notice to Begin Access and shall continue until the completion of the <br />construction of the walking path, but in no event for more than five (5) years, unless <br />earlier terminated pursuant to the terms of this Agreement.