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1 <br />AGREEMENT BETWEEN <br />CITY OF PLEASANTON <br />AND <br />PLEASANTON UNIFIED SCHOOL DISTRICT <br />FOR JOINT USE OF AMARAL PARK <br />THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of <br />_____________, 2024, by and between the CITY OF PLEASANTON, a municipal corporation <br />(“City”) and the PLEASANTON UNIFIED SCHOOL DISTRICT (“District”), each also <br />individually referred to as “Party” and collectively referred to as the “Parties.” <br />RECITALS <br />A.Sections 10900-10914.5, inclusive, of the California Education Code authorize <br />cities and school districts to organize, promote and conduct programs of community <br />recreation as well as contribute to the attainment of general education and recreational <br />objectives for children and adults of the State; and <br />B.City owns and operates Amaral Park (“Park”). <br />C.District operates Mohr Elementary School, which is adjacent to the Park. <br />D.The Park was developed as a joint use school/park facility intended to serve as a <br />City neighborhood park as well as the District’s play fields for its outdoor <br />physical education curriculum. <br />E.It is the mutual desire of the City and District to enter into an agreement for joint <br />use of the Park. <br />NOW THEREFORE, in consideration of the mutual covenants and conditions in this <br />Agreement, City and School District agree as follows: <br />1.Term. <br />a.The term of this Agreement shall commence when signed by both parties <br />and have a term of five (5) years (“Term”). <br />b.Either Party may terminate this Agreement prior to the expiration of its <br />Term by giving the other Party a thirty (30) day written notice of termination. <br />c.Either Party may terminate this Agreement upon the other Party's material <br />breach of this Agreement by providing notice to the breaching Party in accordance with Section <br />12 of this Agreement. <br />2.Use of Park. <br />Attachment 2 <br />Page 51 of 228