FIRST AMENDMENT TO AGREEMENT BETWEEN CITY
OF SUNNYVALE AND SUNNYVALE SCHOOL DISTRICT
PERTAINING TO THE USE, MAINTENANCE AND
IMPROVEMENT FOR PUBLIC RECREATIONAL
PURPOSES OF VARIOUS BUILDINGS AND OPEN SPACE
AREAS AT SCHOOL SITES OWNED BY SUNNYVALE
SCHOOL DISTRICT
This F
irst Amendment to the Agreement, d ated _________________, is by and between the CITY OF SUNNYVALE ( herein called "CITY"), a chartered municipal corporation of the State of California, and SUNNYVALE SCHOOL DISTRICT OF SANTA CLARA COUNTY (herein called “DISTRICT") (individually a “Party” and collectively, the “Parties”).
WHE
REAS, on May 27, 2016, the CITY and DISTRICT entered into an agreement (“May 26, 2016 Agreement”) whereby the CITY maintains the open space and recreational areas of the school sites to enhance their usability by students and by the general public, and DISTRCT makes such areas available to the general public at times when such areas were not being used for school purposes; and
WHE
REAS, DISTRICT desires to eliminate from the open space areas covered by the May 26, 2016 Agreement a certain area at the Sunnyvale Middle School site, as shown on Exhibit 1, attached hereto and incorporated by reference, to enable DISTRICT to use and maintain said area for school purposes, specifically the construction and use of a new two-story classroom building and academic quad;
NOW,
THEREFORE, THE CITY AND DISTRCT ENTER INTO THIS FIRST
AMENDMENT TO THE AGREEMENT:
1. Exh
ibit K of the May 26, 2016 Agreement pertaining to the Sunnyvale Middle School open space site is hereby replaced with Exhibit K -1, which is attached hereto and incorporated by reference herein.
2. Sect
ion 1(a) of the May 26, 2016 Agreement is hereby amended, in part, to read as follows:
. . . For
purposes of this Agreement, Exhibit references are as follows:
Name of Site
Bishop
Cherry Chase
Columbia
Cumberland
Exhibit Reference
"A"
"B"
"C"
"D"
Attachment 3
De Anza
Ellis
Fairwood
Hollenbeck
Lakewood
San Miguel
Sunnyvale Middle
Vargas
Washington Park-Adair School Site
"E"
"F"
"G"
"H"
"I”
"J”
"K-1"
"L"
“M”
3. All other terms and conditions remain unchanged and are in effect.
REM
AINDER OF PAGE IS INTENTIONALLY BLANK.
Attachment 3
IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement.
C
ITY OF SUNNYVALE ("CITY") SUNNYVALE SCHOOL DISTRICT ("CONSULTANT")
B
y _____________________________ By _____________________________ City Manager Superintendent
AT
TEST:
B
y ___________________________
City Clerk
APPR
OVED AS TO FORM:
B
y ___________________________
City Attorney
Attachment 3
Sunnyvale Middle
School
LEGEND
DISTRICT
PROPERTY LINE
SCHOOL PROPERTY MAINTAINED
BY CITY
NEW PROPOSED BUILDING
EXHIBIT
1 Proposed
Building
Attachment 3
Sunnyvale Middle
School
LEGEND
DISTRICT PROPERTY LINE
SCHOOL PROPERTY MAINTAINED
BY CITY
EXHIBIT K
-1
Attachment 3