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1 <br />AGREEMENT BETWEEN <br />CITY OF PLEASANTON <br />AND <br />PLEASANTON UNIFIED SCHOOL DISTRICT <br />FOR USE OF <br />PLEASANTON UPPER FIELD 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 recreation <br />as well as contribute to the attainment of general education and recreational objectives for <br />children and adults of the State; and <br />B.District currently owns the land on which Pleasanton Upper Field Park (“Park”) is <br />located. <br />C.On August 5, 1968, City and District entered into an Agreement for the City’s <br />construction, maintenance, and use of the “night-lighted softball field system” now known as <br />Pleasanton Upper Field Park (“Original Agreement”); and <br />D.City is willing to continue operational responsibilities to allow continued public <br />use of the Park; and <br />E.District is willing to have the City continue operational responsibilities for the <br />Park in order to allow public use of this facility; and <br />F.The Original Agreement is superseded by this Agreement. <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 and terminate <br />on August 5, 2034 (“Term”). <br />b.Either Party may terminate this Agreement prior to the expiration of its Term by giving <br />the other Party a thirty (30) day written notice of termination. <br />Attachment 3 <br />Page 58 of 228