Agmt95 Belmont Elementary District AKA Belmont - Redwood Shores School District

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1. Section 2 of the Agreement ("Property Subject to Joint Use Agreement") is amended and restated in its entirety to read as follows: "2. Property Subject to Joint Use Agreement. This joint use agreement shall affect the property identified in Exhibits A and B, attached hereto, consisting of approximately 11.04 acres, which shall hereinafter be referred to as the "Sandpiper Joint Use Site," provided, however, that the Sandpiper Joint Use Site shall not include the City's pump station located on the property. No provision of this agreement shall be interpreted as giving District any rights to use or occupy the pump station or its related facilities." 2. Section 9 (e) of the Agreement is hereby amended and restated in its entirety to read as follows: "District and City shall share equally in the cost of any major repair or renovation of the multipurpose room/community center." 3. Section 10(b) of the Agreement is hereby amended and restated in its entirety to read as follows: "The schedule for shared use of the multi-purpose room/community center, including the schedule for use by the City and District, shall be established by the Working Group as described in Section 37 of this Agreement, provided however that the Child -Care and playground area associated with pre-school within and adjacent to the community center shall be for the exclusive use of the City and its selected vendors. The previous sentence notwithstanding, District shall have the right to occupy and use the multi-purpose room/community center at any time in the event of a natural disaster or other emergency when necessary to protect the health, safety, and welfare of persons occupying or using the school facilities." 4. The final sentence of section 10 (c) of the Agreement is hereby amended to read: "District and City shall share equally the cost of all interior painting and carpet replacement and of major repairs (e.g., roofing, structural, engineering, electrical, plumbing, and exterior painting." 5. The following sentences shall be added to section 11 of the Agreement: "The entity sponsoring any event in the New Classroom building shall retain any income received from such event. For any events co-sponsored by City and District held in the multipurpose room/community center, on the athletic fields, or in the New Classroom Building, the income generated by the event shall be divided as mutually agreed upon by the City and District prior to the event." 6. The final sentence of section 12 of the Agreement is amended to read as follows: "City and District shall jointly and equally share in the maintenance and repair of the parking area located within the Sandpiper Joint Use Site." 7. The final sentence of section 14 of the Joint Use Agreement is hereby amended to read: "Notwithstanding the above or anything else contained in this ATTY/AGR/2017/AMENDMENTS/AMEND NO. 1 TO JOINT USE AGREEMENT - SANDPIPER REV: 03-02-17 JS Page 2 of 42