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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 />In the construction of said improvements, the City shall obtain all necessary permits and shall comply with <br />all applicable state laws. District will have the right to review and participate in the design of the <br />improvement, however, City will retain final approval authority in the event of a disagreement, provided <br />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 cannot construct improvement open space <br />site during the months when school instructional classes are not being conducted, the City Manager and <br />Superintendent shall by mutual agreement determine the time of construction. If construction will occur <br />during months when school instructional classes are be conducted, the construction site shall be <br />maintained by the City in a safe manner, and District shall be responsible for limiting student access to the <br />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 instrucfional classes are being conducted on the school site, and from sunrise to sunset on <br />weekends, holidays and days during which school instrucfional classes are not being conducted. District <br />shall be entified 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 that can be used by the public during days on which <br />school classes are in session. <br />4. OPERATION AND MAINTENANCE <br />A. City shall maintain the school open space improvement site, including mowing, trimming, <br />fertilization, and all repairs. The City shall repair any damage caused by vandalism to the school open <br />space improvement site caused during the hours the City has control over the improvement site. The <br />District shall repair any damage to the improvement site caused during the hours District has control over <br />the 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 />B. District shall maintain all of the school buildings and associated grounds and facilities not <br />designated as part of this Agreement <br />C. City Manager and Superintendent of District shall, upon mutual agreement, establish a <br />maintenance schedule for the school open space improvement site. Such maintenance shall be scheduled <br />