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<br />minimum, any repair or replacement of a component of the Joint Use Facilities
<br />that will cost in excess of twenty-five percent (25%) of the reasonable estimated
<br />value of the component needing repair or replacement For example, if the value
<br />of a tennis court is $24,000 and the estimated repair cost is over $6,000, that will
<br />be a significant repair subject to this subsection.
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<br />K. Utilities. District shall pay for all utility services furnished to the Joint Use
<br />Facilities for the use, operation and maintenance of the Joint Use Facilities
<br />during the Term of this Agreement, or any extension thereof, except for electrical
<br />service on the athletic field and track which will be paid for by City. District
<br />shall pay for its use of the sports lighting based on an hourly fee agreed
<br />between City and District when the sports lighting is used by the District.
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<br />L. Further Funding Sources. The Parties to this Joint Use Agreement will cooperate
<br />in good faith to seek further funding for improvements to the Joint Use Facilities
<br />and other common areas at the School and agree that if such funding and
<br />improvements are made, that this Joint Use Agreement will be amended to
<br />encompass the renovated areas and additional provisions related thereto.
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<br />4. LIABILITY AND INDEMNIFICATION.
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<br />A. The City shall be financially responsible for damages caused by during City Use.
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<br />B. The City shall indemnify, defend, and hold harmless District, its officers, agents,
<br />employees, representatives, and volunteers from damage to property and for
<br />injury to or death of any person and from all claims, demands, actions, liability,
<br />or damages of any kind or nature arising out of or in connection with City Use,
<br />activities or programs sponsored by City under this Agreement, third party
<br />activities programmed or sponsored by the City, and City programming outside
<br />of City Time, except those which arise out of a dangerous/defective condition of
<br />District property or due to the sole negligence of the District.
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<br />C. The District shall indemnify, defend, and hold harmless the City, its officers,
<br />agents, employees, representatives, and volunteers from damage to property and
<br />for injury to or death of any person and from all claims, demands, actions,
<br />liability, or damages of any kind or nature arising out of its operation of the
<br />School, including use, operation, maintenance and repair of the Joint Use
<br />Facilities, except as provided in "B" above.
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<br />5. INSURANCE. Both the City and the District shall maintain, for the period covered by
<br />this Agreement, at their own respective costs, their own respective policy or policies of general
<br />liability insurance and property insurance. Each party waives subrogation of its insurance coverage
<br />for the other entity. Self-insurance authorized by state law and/or maintained by the City or the
<br />District in the regular course of business for its other activities shall satisfy this requirement.
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<br />6. NOTICES. All notices, statements, demands, requests, consents, approvals,
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