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<br />gymnasium and restrooms during their respective hours of use, including assignment of staff, <br />removing trash and debris from the area and replenishing restroom supplies. Following their <br />respective use of the site, City and District shall, to the greatest extent possible, leave the school <br />gymnasium and associated facilities and grounds in clean and safe condition. <br />B. City Manager and Superintendent of District shall, upon mutual agreement, <br />establish a maintenance schedule for the school gymnasium. To the greatest extent possible, <br />such maintenance and/or repairs will be scheduled as not to interfere with the District's or City's <br />use of the school gymnasium. <br />C. District shall pay ongoing utilities, including electricity and other costs associated <br />with the City's use of the school gymnasium. <br />D. City shall reimburse District an amount sufficient to pay all utility costs incurred <br />during such times that City has exclusive use of school gymnasium. That amount shall be $20 <br />per hour of use the first year. After the first year and in following years, cost shall be adjusted to <br />reflect actual costs but shall not be increased by more than five percent (5%) annually. <br />E. The City shall have the sole right to designate the amount of all fees and charges <br />to be imposed for use of the school gymnasium for recreational purposes by the public during <br />time when such school gymnasium is used by City. In consideration for the cost of constructing <br />the school gymnasium, the City shall have the exclusive right to receive revenues derived from <br />the City's use charges for the site. <br />F. The City shall pay all claims or damage to property resulting from the negligent <br />or inadequate supervision of any community recreation activities conducted by City at the school <br />gymnasium, or by reason of failure to properly maintain the school gymnasium in a safe <br />condition. <br />G. District shall pay all claims or damage to property resulting from the negligent or <br />inadequate supervision of any educational or recreational activities conducted by District at the <br />school gymnasium. <br />H. District shall inspect the school gymnasium regularly and make repairs as needed. <br /> <br />5. SPECIAL PROVISIONS <br /> <br />A. Indemnification. City shall defend, save and hold District harmless from any <br />and all claims or cause of action for death or injury to persons, or damage to property resulting <br />from the negligent or inadequate supervision of any community recreation activities conducted <br />by City at the facility, or by reason of failure to maintain said facility listed under Operation and <br />Maintenance, in a safe condition. <br />District shall defend, save and hold City harmless from any and all claims or cause of <br />action for death or injury to persons, or damage to property resulting from the negligent or <br />inadequate supervision of any educational or recreational activities conducted by District and/or <br />School as District's licensee at the facility or by reason of failure to maintain said facility in a <br />safe condition. <br />B. Resolution of Disputes. Any dispute arising as to the use, operation, or <br />maintenance of the facility shall be resolved by the City Manager and Superintendent of District. <br />In the event that the City Manager and the Superintendent are unsuccessful in resolving any <br />dispute, the parties agree to submit the dispute first to mediation and, failing that, to binding <br />arbitration. <br />C. Review. City and District will review changing use of the facilities, if any, <br />annually on or about the anniversary date of the Agreement to determine if mutually accepted <br /> <br />3 <br />