Agmt 2003 San Leandro Unified School District SLUSD (4)

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• Concession areas; + Bleachers; + Water faucets; and, • Other facilities appurtenant to the foregoing items. b. Prior to providing or installing any facilities and/or equipment on any District property, City shall provide the design to the District for the District's approval. The City must have the District's approval prior to beginning any work to provide and/or install any facilities and/or equipment. The City shall also furnish the District an analysis of the maintenance impact of facilities and/or equipment and shall be responsible for any additional work required to maintain the new equipment. The City, in its sole direction, shall have the right to address any maintenance impact that may arise from new facilities and/or equipment. c. The City, in its sole discretion, shall have the right to conduct Phase I and Phase II environmental testing on the Site. If City discovers any previously unknown hazardous condition(s), the City may choose not to proceed with the project and shall notify the District to that effect. If City chooses to proceed with the project, City shall, prior to installing any facilities and/or equipment, remediate and/or abate the condition(s) to the satisfaction of all applicable regulatory agencies including, without limitation, the Department of Toxic Substances Control, at no cost to the District. VI. District Improvements and Reimbursement to City If District seeks to install facilities and/or equipment that may impact the use and/or the facilities and equipment of the Open Space Site, District shall consult with the City prior to making the change. Notwithstanding this consultation, the District shall retain the right to install the facilities and/or equipment. If aCity-installed improvement must be removed to allow for the District's installation, District shall reimburse the City for improvements undertaken during the term of this agreement pursuant to the following formula: a. If the improvements are removed in the first five (S) years of the Agreement, District shall reimburse the City the City's actual cost it incurred to install the facilities and/or equipment that will have to be removed ("City's Improvement Costs"). b. If the improvements are removed in the sixth (6th) year of the Agreement, District shall reimburse the City 50% of the City's Improvement Costs; c. In the seventh (7th) year of the Agreement, District shall reimburse the City 40% of the City's Improvement Costs; d. In the eighth (8th) year of the Agreement, District shall reimburse the City 30% City's Improvement Costs; -4-