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<br />reference is made to school open space improvement, such reference shall be construed to <br />pertain to the applicable parcel or parcels of real property described in this Paragraph. <br /> <br />2. CONSTRUCTION <br /> <br />A. District shall cause to be constructed and developed a recreation improvement, <br />hereinafter referred to as "school gymnasium," at Washington Manor Open Space Site, contained <br />in the attached Exhibits. District shall pay the cost of fees for architectural and engineering <br />services required in designing, calling for bids, advertising and awarding the construction <br />contract. District shall have the power to award said construction contract and to enter into <br />agreements for the required architectural and engineering services. District shall design and pay <br />the actual costs of construction of said school gymnasium. In the construction of said <br />improvement, District shall obtain all necessary permits and shall comply with all applicable <br />state laws. City will have the right to review and participate in the design of said improvement; <br />however, District will retain final approval authority in the event of a disagreement, provided <br />said improvement complies with applicable State law. <br />B. City shall contribute no less than twenty-five percent (25%) of eligible project <br />costs, per Education Code Section 17077.42, toward the school gymnasium project. <br />C. If construction will occur during months when adjacent play fields are in use, the <br />construction site shall be maintained by District in a safe manner, District shall be responsible for <br />limiting student access to the construction site during school hours, and City shall be responsible <br />for limiting public access from play field during periods when City maintains exclusive use. <br />D. Following construction of the gymnasium and associated improvements, should <br />damage occur to the playing fields, District shall restore playing fields to their condition prior to <br />construction. <br /> <br />3. USE <br /> <br />A. To the extent permitted by law, City shall be entitled to schedule exclusive use of <br />the school gymnasium for recreational purposes for the public beginning at 6:00 p.m. on days <br />during which school instructional classes are being conducted on the school site except during a <br />two month period (currently December 1 through January 31) when City shall not be entitled to <br />exclusive use until 8:00 p.m. City shall also be entitled to exclusive use on weekends, holidays <br />and days during which school instructional classes are not being conducted. City shall submit a <br />schedule that designates its hours of exclusive use not less than six (6) months in advance of that <br />exclusive use. District shall be entitled to exclusive use all other hours, except as otherwise <br />agreed to by the City Manager and the Superintendent of District. <br />B. The City Manager and the Superintendent of District shall, by mutual agreement, <br />determine those portions of the school gymnasium that can be used by the public during days on <br />which school classes are in session. <br /> <br />4. OPERATION AND MAINTENANCE <br /> <br />A. District shall maintain the school gymnasium including cleaning, routine <br />maintenance and all repairs. City shall repair any damage caused by vandalism to the school <br />gymnasium caused during the hours the City has control over the improvement site. The District <br />shall repair any damage to the school gymnasium caused during the hours District has control <br />over the improvement site. City and District shall each be responsible for maintaining the school <br /> <br />2 <br />