25E - JOINT USE FEES - HOME RUN FENCE

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WHEREFORE, in consideration of the covenants contained in the Lease Agreement and the Joint Use Agreement, and subject to all the terms and conditions of said Joint Use Agreement, the parties agree as follows: 1. SECTION 8. is hereby amended to read as follows: "8. CITY CONTRIBUTION FOR CUSTODIAL, UTILITY AND MAINTENANCE The District and the City understand and agree that a material aspect of the City's consideration for agreeing to convey the land for the High School is obtaining the perpetual right to use the Joint Use Facilities for City programming purposes. The District and the City also understand and agree that it is impracticable to accurately calculate the incremental costs (if any) to the District to permit the City usages contemplated herein, particularly taking into consideration the potential for other community uses (without contribution to costs) if the City rights were not exercised. Therefore, the parties hereby agree that the City's obligation to contribute to the District's costs for custodial, utility and maintenance expense will be limited to the following, recognizing that such contribution may or may not fully compensate the District for its actual incremental costs attributable to the City's exercise of its rights hereunder. A. The City shall reimburse the District on a monthly basis (or as otherwise agreed by the Technical Advisory Committee) for a pro rata share of actual electrical utility costs incurred by the District attributable to the times that the City uses the Joint Use Facilities. Where feasible, the District shall install separate metering technology to measure City use vs. District use. Otherwise, the pro rata share shall be established from time to time by the Technical Advisory Committee based upon actual usage by the City and actual electrical utility costs incurred by the District. B. The City shall reimburse the District annually for its pro rata share of cost of reseeding and repair of the Athletic Fields. The City's contribution to these costs shall be based on a calculated estimate of the percentage of active use of the fields by the City compared to active use by the District, multiplied by the actual cost incurred by the District. C. As its contribution to regular custodial services expense for use of all Joint Use Facilities, the City shall pay to the District, for each third-party operated fee based program scheduled through the City's reservation system, $1.00 for each registered participant plus a payment of $10.00 per day per facility used (e.g. $10 .00 each for use of the auditorium, the band room, athletic field, gymnasium, and/or a classroom.)" 2. SECTION 11. is hereby amended to read as follows: "11. RESTRICTIONS ON FENCING. A. Except as provided in B, below, the Athletic Fields and hard courts shall not be fenced off from the remainder of Centennial Park so as to maximize the joint use potential of the facilities. The design of the other Joint Use Facilities shall ensure reasonable access from the City's facilities in Centennial Park without access through the school campus." 2 25E-6