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'·. <br />B. District shall maintain all of the school buildings and associated grounds and facilities not <br />designated as a school open space site. <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 />between the hours of sunrise and 4:00 pm. on days during which school instructional classes are being <br />conducted on the school site and, to the greatest extent possible, such maintenance and/or repairs will be <br />scheduled as not to interfere with the District's use of the school open space site. <br />D. City shall install automatic watering timers in order to implement a water schedule. <br />E. District shall pay ongoing utilities, including water and other costs associated with the <br />City's use at designated school open space improvement sites. <br />F. The City shall have the sole right to designate the amount of all fees and charges to be <br />imposed for use of school open space improvement site for recreational purposes by the public during time <br />when such school open space improvement site is used by City. In consideration for the cost of <br />constructing the improvement tl:le City shall have the exclusive right to receive revenues derived the City's <br />use charges for the site. <br />G. The City shall pay all claims or damage to property resulting fi'om the negligent or <br />inadequate supervision of any community recreation activities conducted by City at the school open space <br />improvement site, or by reason of failure to properly maintain the school open space improvement site in a <br />safe condition. <br />H. District shall pay all claims or damage to property resulting fi'om the negligent or <br />inadequate supervision of any educational or recreational activities conduct by School District at the school <br />open space improvement site. <br />I. City shall inspect the equipment in the school open space improvement site annually and <br />make repairs as needed <br />5. SPECIAL PROVISIONS <br />A. Indemnification. City shall defend, save and hold District harmless from any and all claims <br />or causes of action for death or injury to persons, or damage to property resulting from the negligent or <br />inadequate supervision of any community recreation activities conducted by City at the facility, or by <br />reason of failure to maintain said facility listed under Operation and Maintenance, in a safe condition. <br />District shall defend, save and hold City harmless from any and all claims or cause of action for <br />death or injury to persons, or damage to property resulting from the negligent or inadequate supervision of <br />any educational or recreational activities conducted by District and/or School as District's licensee at the <br />facility. <br />B. Resolution of Disputes. Any dispute arising as to the use, operation, or maintenance of <br />the facility shall be resolved by the.City Manager and Superintendent of District In the event that the City <br />Manager and the Superintendent are unsuccessful in resolving any dispute, the parties agree to submit the <br />dispute first to mediation and, failing that, to binding arbitration. <br />C. Review. City and District will review changing use of the facilities, if any, annually on or <br />about the anniversary date of the Agreement to determine if mutually accepted revisions should be made in <br />(a) use schedules, (b) payment for utilities, or (c) responsibility for upkeep and maintenance.