Agmt 2014 San Leandro Unified School District SLUSD

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programs thereon, and City shall comply with all federal, state and local laws, regulations and ordinances, now or hereafter enacted, concerning the Pacific Sports Complex and/or the use of the Recreational Facilities. 6.2. City shall provide, at its own cost and expense, any and all maintenance of the landscaped areas and irrigation systems located on the Pacific Sports Complex. Maintenance of the landscaped areas by City shall be conducted by City staff on City's equipment, shall be consistent with the normal maintenance levels and activities as applied to other comparable City open space and park areas and shall insure safe and healthful use. 6.3. Maintenance by City shall also include payment by City of any and all utility costs, including without limitation, electricity and water. The District shall invoice the City monthly for utility costs associated with the scheduled use of the Pacific Sports Complex. 6.4. The City is responsible for the routine maintenance and repair of the well. 6.5. The District shall have sole responsibility for the operation and maintenance of the Concession (Building 2). All scheduling requests related to the Concession building shall be directed to and administered by the District. 7. REPAIRS. The City shall repair, or cause to be repaired, or will reimburse the District for the cost of repairing damage to the Pacific Sports Complex as a result of City's Use. 7.1. During hours where activities by either parry are not scheduled, any damage to the Pacific Sports Complex as a result of vandalism or acts of God shall be the responsibility of the District. In order to keep the facility operational in such an event, the City is entitled to full reimbursement for necessary repairs. All required repairs shall be pre -approved by the District. Any dispute regarding the responsibility for damages shall be resolved pursuant to the dispute resolution procedures indicated herein. 8. CAPITAL IMPROVEMENTS 8.1. District agrees to provide, as its own cost and expense, any and all necessary capital improvements for the Pacific Sports Complex. District, in its sole discretion, shall determine the necessity of, scope, scheduling, and funding for any capital improvements to the Pacific Sports Complex. Capital improvements shall be provided and made by District staff and according to District facilities standards. 8.2. District and City mutually acknowledge the intent of the parties to establish and maintain a Sinking Fund for the exclusive purpose to fund maintenance, operations, marketing, and capital replacement costs of Burrell Field and the Pacific Sports Complex (PSC). During the initial 3 -year term of this Agreement, District and City shall work towards establishing such a fund, which shall reside with and be administered by the District with its own separate annual review by City and District representatives of credits and debits to and from the Sinking Fund. Terms of the Sinking Fund shall be specified in a separate Agreement between the Parties. 9. TAXES: ASSESSMENTS. City shall pay any assessment on the Pacific Sports Complex, including any improvements which City constructs or causes to be constructed on the Pacific Sports Complex, whether real estate, general, special, ordinary or extraordinary, or rental, levy or tax, and/or fee imposed upon or levied against the Pacific Sports Complex or City's legal or equitable interest created by this Agreement, and the taxes assessed against and levied upon City's alterations and utility installations that may be imposed by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Pacific Sports Complex address and where the proceeds so generated are applied by Community Recreation Act Joint Use Agreement- SLUSD- City of San Leandro 4