Agmt 2013 San Leandro Unified School District SLUSD (3)

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AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND THE SAN LEANDRO UNIFIED SCHOOL DISTRICT FOR THE RIGHT TO CONSTRUCT A WALKING PATH ON CITY LAND AT MCCARTNEY PARK LOCATED ADJACENT TO WASHINGTON ELEMENTARY SCHOOL This AGREEMENT is made and entered into on J(,lvie 3r4of 2013 by and between the CITY OF SAN LEANDRO, a municipal corporation of the State of California ("City") and the SAN LEANDRO UNIFIED SCHOOL DISTRICT ("District"), together referred to herein as the "Parties." RECITALS WHEREAS, Section 10900 et seq. of the Education Code (the Community Recreation Act) authorizes cities and school districts to organize, promote and conduct programs or community recreation for the promotion and attainment of general educational and recreational objectives, and to construct, maintain and operate recreation centers, including outdoor playing fields; WHEREAS, it is the policy of the City and the District to jointly undertake the development, installation, construction and maintenance of recreational facilities to reduce capital and operational costs to both governmental agencies; and WHEREAS, the City and the District entered into an agreement dated March 21, 1960 for the construction and operation of the park, with amendments for maintenance; and WHEREAS, attached to this Agreement and incorporated by orated b this reference are the shaded area of which depicts the location of the proposed new walking path Exhibit A, t p p p to be constructed by the District, and Exhibit B, detailed plans for the path, and Exhibit C, Hazardous Materials Definitions. NOW THEREFORE, in consideration of the covenants and conditions hereinafter set forth, and pursuant to the provisions of the Education Code described above, it is agreed as follows: 1. INCORPORATION OF RECITALS. All the recitals above are true and correct and incorporated herein. 2. TERM. The term of this Agreement (the "Term") shall commence upon the District's issuance to the City of a Notice to Begin Access and shall continue until the completion of the construction of the walking path, but in no event for more than five (5) years, unless earlier terminated pursuant to the terms of this Agreement. 1