Agmt 2007 San Leandro Unified School District SLUSD (3)

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(d). District hereby authorizes City to spread excess earth, rock, fluids, etc., produced from the construction of the well in an area on District property that is mutually agreed upon by both parties. Such excess earth, rocks, etc., shall be spread in a thickness not to exceed four inches (4'~. 2. Cost of Construction of Irrigation Well. (a). District shall pay fifty percent (50%) of the costs related to the construction of the irrigation well, which costs shall include: (i) the costs associated with abandoning the old well; (ii) costs associated with consultant specialty inspections; and (iii) the costs associated with constructing the new irrigation well. District shall not be responsible for City staff time associated with the construction of the well. The total costs of items i, ii & iii above is estimated at $213,000.00 (b) City shall submit written invoices to District, not more often than once per month, based on the cost of construction services performed. City shall submit such written invoices to District's designated contact person and shall include with each invoice: (i) a narrative describing the work performed during the period covered by the invoice; and (ii) copies of receipts for any supplies or materials for which the City is requesting reimbursement, if any. City shall provide to the District a final accounting of the construction and installation costs associated with the abandonment of the old well and construction of the new well upon acceptance of the same. (c) District shall pay invoices submitted by the City within thirty (30) days after presentation of said invoice by City. 3. Maintenance of Irrigation Well. City shall be responsible for all general and routine maintenance of the irrigation well and any related equipment which shall not exceed One Thousand Dollars ($1,000) per year. The cost of any and atl repairs in excess of One Thousand Dollars ($1,000) per year shall be shared equally by the City and the District. In the event of an irrigation well failure, the Parties agree to jointly and equally undertake the task of reestablishing well service as soon as possible. 4. Payment of Utility Costs. District shall pay all electricity costs associated with the meter that operates the irrigation well. 5. Ownership; Operation and Use of Irrigation Well. City and District shall own the irrigation well jointly, with each party having a 50% share. City shall operate the irrigation well. To the greatest extent possible, District shall be entitled to sufficient quantities of water to service John Muir Middle School and Woodrow Wilson School. However, City does not guarantee that the well will be inconsistent operation. In the event the irrigation well becomes non-operational, for any reason, City shall notify District of such non-operation. City shall not be liable for damages to landscape areas due to well failure or periods of downtime caused by routine well maintenance. 6. Indemnification. Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from any and all liabilities, claims, or losses of any