HomeMy WebLinkAboutGUSD - Joint Use Agreement for Solorsano Middle School - Amendment No. 1
FIRST AMENDMENT
TO COMMUNITY RECREATION AGREEMENT
BETWEEN THE CITY OF GILROY AND
THE GILROY UNIFIED SCHOOL DISTRICT FOR
DEVELOPMENT AND JOINT USE OF A GYMNASIUM AT
ASCENCION SOLORSANO MIDDLE SCHOOL
This agreement ("First Amendment") is made and entered into on this {....5 tOday of
December, 2003, ("Effective Date") by and between the City of Gilroy, California, a municipal
corporation of the State of California, ("City") and Gilroy Unified School District, a political
subdivision of the State of California ("District"). City and District may be referred to herein
individually as a "Party" or collectively as the "Parties."
RECITALS:
A. City and District are currently parties to that certain agreement entitled "Community
Recreation Agreement Between the City of Gilroy and the Gilroy Unified School District
for Devj(lopment and Joint Use of a Gymnasium at Ascencion Solorsano Middle School"
dated fYiC!-'1 '2 <'} , 2003 ("Agreement");
B. City and District wish to modify the terms of the Agreement with respect to the payment
of utilities and furnishing of custodial services to the Gymnasium, and to continue in effect
all other terms of the Agreement without change; and
C. All capitalized terms used in this First Amendment shall have the same meaning as are
assigned to those terms in the Agreement.
NOW, THEREFORE, in consideration of the factual premises and the covenants and
conditions set forth in this First Amendment, City and Contractor hereby agree as follows:
1. Section 5, Funding of Operations and Maintenance, is amended as follows:
a, Section 5(1 )( c) is amended to read:
(c) Utilities - The District shall pay the cost of all utilities for the Gymnasium,
including telephone, cable, water, gas, electricity, garbage and sewer service,
and other utilities as may be identified at a future time; provided however, that
the City shall pay for telephone and cable service to the office designated for
the exclusive use of the City. .
Middle School site. The District may charge third parties using the
Gymnasium for the cost of utility services.
b.
Section 5(4), Custodial Services, is amended to read:
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4. Custodial Services - The City shall pay for and provide custodial services to
clean the Gymnasium. The District shall be responsible for custodial services
to the parking lot, except that the City shall be responsible for cleaning up litter
in the parking lot when no regularly scheduled District custodian is scheduled
to provide such services in connection with a City event in the Gymnasium.
Nothing in this section shall be construed to limit the authority of the City and
the District to agree to jointly provide for the provision of custodial services.
2. In the event of a conflict between the terms of the Agreement and this First Amendment,
the terms of this First Amendment shall control. Except as modified by this First
Amendment, the terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed as of the date first above written.
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"odda Pellin, City Clerk
Date: I -0 - 0 If
APPROVED AS TO FORM:
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Linda A. Callon, City Attorney
Date:
'2- .. 3 . () 4
APPROVED AS TO FORM:
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Attorney for District
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