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2. ProDerty Subject to Joint Use Agreement. <br />This joint use agreement shall affect the property identified in <br />Exhibits A and B, attached hereto, consisting of approximately 11.04 <br />acres, which shall hereinafter be referred to as the "Sandpiper Joint <br />Use Site". <br />3. Acauisition of Borst Lane Propertv. <br />City is in the process of negotiating the acquisition of the 1.25 <br />acre Egret Lane property, more fully described in Exhibit B. This <br />entire agreement is expressly contingent on the successful acquisition <br />of this parcel on terms meeting the sole satisfaction of City. <br />4. Propertv subject to Purchase by District. <br />This joint use agreement contemplates that the District shall <br />acquire from City a fee title interest in a portion of the Sandpiper <br />Joint Use Site for the purpose of financing, constructing and operating <br />a K-5 elementary school (hereinafter "the School Site"). In furtherance <br />of the intent of the parties, City and District agree as follows: <br />a. District, in consultation with appropriate State agencies and <br />officials, shall determine the minimum parcel size necessary that will <br />meet State requirements for establishing and financing a 450 student K- <br />5 elementary school facility to be operated on a Joint Use (Park) Site, <br />and shall prepare a property description for the School Site based on <br />such determination. The property description prepared by District shall <br />be provided to City for its review and approval. Such review and <br />approval shall not be unreasonably withheld. <br />b. Upon review and approval of the property description for the <br />School Site, City shall undertake to offer the property so described for <br />3 <br />ATTY/AGR/2017/AMENDMENTS/AMEND NO. 1 TO JOINT USE AGREEMENT - SANDPIPER <br />REV: 03-02-17 JS Page 10 of 42 <br />