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FIRST AMENDMENT TO THE AGREII~NT BETWEEN <br />CITY OF PLEASANTON <br />AND <br />PLEASANTON UNIFIED SCHOOL DISTRICT <br />RELATING TO JOINT USE OF TWO GYMNASIUMS <br />THIS FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF <br />PLEASANTON AND PLEASANTON UNIFIED SCHOOL DISTRICT RELATING TO JOINT <br />USE OF TWO GYMNASIUMS is made and entered into this day <br />of 1991, by and between the CITY OF PLEASANTON, a <br />municipal corporation, hereinafter referred to as "City," and the <br />PLEASANTON UNIFIED SCHOOL DISTRICT, Alameda County, California, <br />hereinafter referred to as "School District." <br />WITNESSETH: <br />WHEREAS, Sections 10900-10916, inclusive, of the Education <br />Code of the State of California, authorize cities, counties and <br />public school districts to organize, promote and conduct such <br />programs of community recreation as will contribute to the <br />attainment of general educational and recreational objectives for <br />the children and adults of the State; and <br />WHEREAS, on February 12, 1991, City and School District <br />entered into an agreement relating to the joint use of two <br />gymnasiums, (a "City Facility" and a "School Facility"), at the <br />Harvest Park Middle School site; and <br />WHEREAS, to construct the two facilities the City agreed to <br />pay the School District for all actual costs of design and <br />construction of the two facilities, constructed pursuant to the <br />City approved plans and specifications, in an amount not to exceed <br />$3,000,000; and <br />WHEREAS, the City has recently experienced a shortfall of <br />anticipated revenue and rather than delay the construction of the <br />two facilities, the City and the School District have agreed to a <br />short-term financing plan. <br />NOW, THEREFORE, in consideration of the mutual promises set <br />forth below, City and School District amend their Agreement as <br />follows: <br />1. Paragraph 12 of the Agreement is deleted in its entirety <br />a.~.:: _ -. laced .: i ~h ~:.e ~ollowirg: <br />- 1 - <br />