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