Reso 1999-176 - Laserfiche WebLink

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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 and/or 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 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 sites 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 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 p11 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 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. 6. TERM AND TERMINATION This Agreement shall commence upon execution and shall continue in force for ten (10) years from the date of execution, unless either party gives one-year written notice to the other party of its intention to terminate this Agreement prior to that date.