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. . , <br />, , <br />Name of school open space site Exhibit Reference <br />John Muir Middle School open space site "A" <br />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 />improvement In the construction of said improvements, the City shall obtain all necessary permits and <br />shall comply with all applicable state laws. District will have the right to review and participate in the design <br />of the improvement however, City will retain final approval authority in the event of a disagreement, <br />provided 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 is unable to construct the improvement <br />open space site during the months when school instructional classes are not being conducted, the City <br />Manager and Superintendent shall by mutual agreement determine the time of construction. If <br />construction will occur during months when school instructional classes are be conducted, the construction <br />site shall be maintained by the City in a safe manner, and District shall be responsible for limiting student <br />access to the construction site during school hours. <br />3. USE <br />A. City shall be entiUed 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 instructional classes are being conducted on the school site, and from sunrise to sunset on <br />weekends, holidays and days during which school instructional classes are not being conducted. District <br />shall be entiUed 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 improvement that can be used by the public during <br />days on which school classes are in session. <br />4. OPERATION AND MAINTENANCE <br />A. City shall maintain the school open space improvement, including mowing, trimming, <br />fertilization, and all repairs. City shall repair any damage caused by vandalism to the school open space <br />improvement site caused during the hours the City has control over the improvement site. The District <br />shall repair any damage to the improvement site caused during the hours District has control over the <br />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.