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2. CONSTRUCTION <br />A. City shall cause to be constructed and developed a recreation open space <br />improvement hereinafter referred to as "school open space improvement," at the <br />school site listed above, contained in the attached Exhibit. City shall pay the <br />cost of fees for architectural and engineering services required in designing, <br />calling for bids, advertising and awarding the construction contract. City shall <br />have the power to award said construction contract and to enter into agreements <br />for the required architectural and engineering services. City shall design and <br />pay the actual costs of construction of said school open space. In the <br />construction of said improvements, the City shall obtain all necessary permits <br />and shall comply with all applicable state laws. District will have the right to <br />review and participate in the design of the improvement, however, City will retain, <br />final approval authority in the event of a disagreement, provided improvements <br />comply with state law. <br />B. District hereby agrees and grants permission to City to enter each school open <br />space site as may be necessary in order to further the construction and <br />development authorized in this section. To the greatest extent possible, Gity <br />shall construct improvement open space site during the months when school <br />instructional classes are not being conducted. If the City cannot construct <br />improvement open space site during the months when school instructional <br />classes are not being conducted the City Manager and Superintendent shall by <br />mutual agreement determine the time of construction. If construction will occur <br />during months when school instructional classes are being conducted, the <br />construction site shall be maintained by the City in a safe manner, and District <br />shall be responsible for limiting student access to the construction site during <br />school hours. <br />3, USE <br />A. City shall be entitled to exclusive use of school open space improvement site for <br />recreational purposes for the public between the hours of 4:00 p.m., and sunset <br />on days during which school instructional classes are being conducted on the <br />school site, and from sunrise to sunset on weekends, holidays and days during <br />which school instructional classes are not being conducted. District shall be <br />offered exclusive use all other hours, except as otherwise agreed to by the City <br />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 open space that can be used by the <br />public during days on which school classes are in session. <br />4. OPERATION AND MAINTENANCE <br />A. City shall maintain the school open space improvement site including mowing, <br />trimming, fertilization, and all repairs. The City shall repair any damage caused <br />