Agmt 2000 San Leandro Unified School District SLUSD

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B. District shall maintain all of the school buildings and associated grounds and facilities not designated as a school open space site. C. City Manager and Superintendent of District shall, upon mutual agreement, establish a maintenance schedule for the school open space improvement site. Such maintenance shall be scheduled between the hours of sunrise and 4:00 pm. on days during which school instructional classes are being conducted on the school site and, to the greatest extent possible, such maintenance andlor repairs will be scheduled as not to interfere with the District's use of the school open space site. D. City shall install automatic watering timers in order to implement a water schedule. E. District shall pay ongoing utilities, including water and other costs associated with the City's use at designated school open space improvement sites. F. The City shall have the sole right to designate the amount of all fees and charges to be imposed for use of school open space improvement site for recreational purposes by the public during time when such school open space improvement site is used by City., In consideration for the cost of constructing the improvement, the City shall have the exclusive right to receive revenues derived the City's use charges for the site. G. The City shall pay all claims or damage to property resulting from the negligent or inadequate supervision of any community recreation activities conducted by City at the school open space improvement site, or by reason of failure to properly maintain the school open space improvement site in a safe condition. H. District shall pay all claims or damage to property resulting from the negligent or inadequate supervision of any educational or recreational activities conduct by School District at the school open space improvement site. I. City shall inspect the equipment in the school open space improvement site annually and make repairs as needed 5. SPECIAL PROVISIONS A. Indemnification. City shall defend, save and hold District harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from the negligent or inadequate supervision of any community recreation activities conducted by City at the facility, or by reason of failure to maintain said facility listed under Operation and Maintenance, in a safe condition. District shall defend, save and hold City harmless from any and all claims or cause of action for death or injury to persons, or damage to property resulting from the negligent or inadequate supervision of any educational or recreational activities conducted by District and /or School as District's licensee at the facility. B. Resolution of Disputes. Any dispute arising as to the use, operation, or maintenance of the facility shall be resolved by the City Manager and Superintendent of District. In the event that the City Manager and the Superintendent are unsuccessful in resolving any dispute, the parties agree to submit the dispute first to mediation and, failing that, to binding arbitration. C. Review. City and District will review changing use of the facilities, if any, annually on or about the anniversary date of the Agreement to determine if mutually accepted revisions should be made in (a) use schedules, (b) payment for utilities, or (c) responsibility for upkeep and maintenance.