Joint Use Agmt John Muir Open Space 01032000

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'' •; AGREEMENT BETWEEN CITY OF SAN LEANDRO AND SAN LEANDRO UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF JOHN MUIR OPEN SPACE SITE THIS AGREEMENT is made and entered into by and between CITY OF SAN LEANDRO, a municipal corporation of the State of California, herein called "City," and the SAN LEANDRO UNIFIED SCHOOL DISTRICT herein called "District". WITNESS ETH: WHEREAS, Section 10900 et seq. of the Education Code (the Community Recreation Act) authorizes cities and school districts to organize, promote and conduct programs of community recreation for the promotion and attainment of general educational and recreational objectives, and to construct, maintain and operate recreation centers, including playgrounds and outdoor playing fields; and WHEREAS, Section 10910 of the Education Code provides that the governing body of any school district may use or grant the use of grounds of the school district to any other public authority for the purposes of such act whenever such use does not interfere with school uses; and WHEREAS, it is the policy of City and District to joinUy undertake the development installation, construction and maintenance of recreation facilities in order to reduce capital and operational costs to both governmental jurisdictions; and WHEREAS, City and District desire to jointiy develop and maintain a recreation facility at one (1) open space area of an existing school site of District on a long-term basis; WHEREAS, City and District desire as a demonstration project to provide by contract for the use of such property by City for community recreation activities, and for use by District and School for education and recreation purposes pursuant to said Community Recreation Act as the provisions thereof exist, or hereafter may be amended; NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, and pursuant to the provisions of the Education Code herein above referred to, it is agreed as follows: 1. DEFINITIONS. School open space sites. There is attached to this Agreement and incorporated by reference herein an exhibit to which reference is made in this Paragraph. Said exhibit contains a description of real property encompassing an open space area within a parcel of real property consisting of a school site of District For purposes of this Agreement whenever reference is made to a school open space improvement site, such reference shall be construed to pertain to the applicable parcel or parcels of real property described in this Paragraph: