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1. DEFINITIONS. <br /> Washington Manor Open Space Site. There is attached to this Agreement and incorporated <br /> by reference herein Exhibit A, to which reference is made in this Paragraph. Said exhibit contains a <br /> description of real property encompassing an open space area within a parcel of real property <br /> consisting of a school site of District. For pu of this Agreement, whenever reference is made <br /> to school open space improvement, such reference shall be construed to pertain to the applicable <br /> parcel or parcels of real property described in this Paragraph. <br /> 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 Washington Manor <br /> Open Space Site, contained in the attached Exhibits. City shall pay the cost of fees for architectural <br /> and engineering services required in designing, calling for bids, advertising and awarding the <br /> construction contract. City shall have the power to award said construction contract and to enter into <br /> agreements for the required architectural and engineering services. City shall design and pay the <br /> actual costs of construction of said school open space improvement. In the construction of said <br /> improvement, the City shall obtain all necessary permits and shall comply with all applicable state <br /> laws. District will have the right to review and participate in the design of said improvement, <br /> • however, City will retain final approval authority in the event of a disagreement, provided said <br /> improvement complies with applicable State law. • <br /> l3. District hereby agrees and grants such access to City to enter the school site as may <br /> be necessary in order to further the construction and development authorized in this section. To the <br /> greatest extent possible, City shall endeavor to construct said school open space improvement during <br /> the months when school instructional classes are not being conducted. If the City is unable to <br /> construct the open space improvement site during the months when school instructional classes are <br /> not being conducted, the City Manager and Superintendent shall by mutual agreement determine the <br /> time of constriction. if construction will occur during months when school instructional classes are <br /> be conducted, the 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 school hours. <br /> 3. USE <br /> A. To the extent permitted by law, City shall be entitled to exclusive use of the school <br /> open space improvement site for recreational purposes for the public between the hours of4:00 p.m. <br /> and sunset on days during which school instructional classes are being conducted on the school site, <br /> and from sunrise to sunset on weekends, holidays and days during which school instructional classes <br /> are not being conducted. District shall be entitled to exclusive use all other hours, except as <br /> otherwise agreed to by the City 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 improvement that can be used by the public during <br /> days on which school classes are in session. <br /> C. District shall make restrooms identified in Exhibit A, available for City use during the <br /> 182573 -2 2 <br />