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JOINT USE AGREEMENT BETWEEN SAN LEANDRO UNIFIED DISTRICT AND <br />THE CITY OF SAN LEANDRO <br />(Joint Use of Recreational Facilities - Pacific Sports Complex) <br />THIS JOINT USE AGREEMENT ("Agreement") is made and entered into this 25"' day of February 2014 <br />("Effective Date'), by and between SAN LEANDRO UNIFIED SCHOOL DISTRICT, a California public school district <br />("District") and the CITY OF SAN LEANDRO, a municipal corporation of the State of California ("City"). The District <br />and City may be referred to herein collectively as the "Parties" or individually as a "Party". <br />RECITALS <br />A. WHEREAS, District is the owner of certain recreational real property and facilities located at 2651 <br />Teagarden Street, San Leandro, CA as identified in Exhibit "A" ("Pacific Sports Complex"); and <br />B. WHEREAS, City requires facilities to provide a program of recreational services to community youth and <br />residents that contribute to the general attainment of recreational and educational objectives; and <br />C. WHEREAS, the District intends to allow the City to jointly use the Pacific Sports Complex as set forth in this <br />Agreement to organize, promote and conduct programs of community recreation; and <br />D. WHEREAS, the provisions of Education Code sections 10900 through 10914.5, inclusive, (the "Community <br />Recreation Act") authorize and empowers cities and public school districts to cooperate with one another for the <br />purpose of authorizing, promoting and conducting programs of public services which will contribute to the <br />attainment of general recreational and educational objectives for children and adults of the state, and to enter into <br />agreements with each other for such purposes; and <br />E. WHEREAS, the District and City's joint use of the Pacific Sports Complex is in the vital and best interests of <br />the residents of the City and District students, and their collective and individual health, safety, and welfare, all of <br />which are in accordance with the public purposes and provisions of applicable federal, State and local law. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this agreement, the <br />Parties agree as follows: <br />1. TERM OF AGREEMENT. The "Term" of this Agreement shall be for three (3) years commencing on <br />Effective Date, and shall remain in effect until the anniversary date in 2017, unless amended or <br />terminated earlier pursuant to the amendments or termination provisions set forth in this Agreement. <br />1.1. If the Parties intend to renew this Agreement when the Term ends, the Parties may do so only by <br />executing a separate writing that complies with all of the following provisions: <br />1.1.1. It specifically authorizes further use by the City and specifies the terms of that use, and <br />1.1.2. It is approved by each Party's governing body prior to the end of the Term. <br />1.2. On the last day of the Term hereof, or the termination of this Agreement, whichever occurs <br />sooner, the City shall surrender the Pacific Sports Complex to District in good order, condition <br />and repair, free and clear of all liens, claims and encumbrances. The condition of the Pacific <br />Sports Complex when surrendered shall be similar to that existing as of the Effective Date of this <br />Agreement excepting normal wear and tear. This Agreement shall operate as a conveyance and <br />assignment to District of any improvements identified by District to remain on the Pacific Sports <br />Complex upon completion of the Term or the termination of this Agreement, whichever occurs <br />sooner. City shall remove from the Pacific Sports Complex all of City's personal property, trade <br />Community Recreation Act Joint Use Agreement- SLUSD- City of San Leandro <br />