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<br />1. DEFINITIONS <br />The following definitions shall apply to the terms as used in this Agreement: <br />A. "Joint Use Property" shall mean that certain real property and improvements thereon <br />described in Exhibit "B" attached hereto. <br />B. "Joint Use Facilities" shall mean all building, facilities, fields and other <br />improvements currently or later constructed on the Joint Use Property including but not limited <br />to the: gymnasium (excluding the weight room and locker rooms), public restrooms, aquatic <br />facilities (when developed), performing arts facility, band, choir and visual arts facilities, sports <br />fields and courts, parking structure, and (to the extent located on the Joint Use Property) <br />classrooms. To the extent that any of the foregoing facilities are ultimately developed elsewhere <br />on the High School but not on the Joint Use Property, all of the terms of this Agreement shall <br />extend to those facilities in order that the full intent of this Agreement is carried out. <br />C. "Technical Advisory Committee" shall mean that certain committee appointed by <br />the City Manager of the City and the Superintendent of the District pursuant to this Agreement, <br />which shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities. <br />D "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through <br />Friday (excluding state and national holiday observed by the District) unless changed by <br />agreement of the parties. <br />E. "District Time" shall mean the time during Regular School Hours, when the <br />District shall have the right to schedule use of the Joint Use Facilities. <br />F. "City Time" shall mean those days and hours, outside of Regular School Hours, <br />when the City shall have the right to schedule use of the Joint Use Facilities. <br />G. "Athletic Fields" shall mean the high school athletic fields as described in this <br />Agreement, but shall not include replacement softball fields or other replacement facilities of the <br />City. <br />2. PROPERTY BURDENED <br />This Agreement constitutes a covenant and obligation running with the land burdening the Joint <br />Use Property. <br />3. FACILITIES BURDENED <br />The City shall have the right to use all of the Joint Use Facilities, subject only to the restrictions <br />set forth below. As part of this Agreement, the District shall also permit the City to use <br />classrooms and other educational facilities not on the Joint Use Property or covered by this <br />Agreement at locations and in numbers approved by the District consistent with the purposes of <br />This Agreement. <br />2