SANTA ANA UNIFIED SCHOOL DISTRICT (14)

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• • year] will be needed to perform similar field maintenance activities with respect to baseball, softball and soccer fields; all such periodic closures shall be scheduled to minimize disruption of the District's baseball, softball and soccer programs, while still respecting to the extent possible the purpose of this agreement to facilitate use by the City. Members of the Technical Advisory Committee will also be empowered to discuss and resolve conflicts in implementing all other provisions of this Agreement. Either party may submit issues related to maintenance, security, programming or other issue which may arise from time to time, and both parties agree to cooperate in good faith to resolve matters through the Committee. The unanimous consent of the Technical Advisory Committee shall not be required to resolve a question posed to the Technical Advisory Committee, provided that (a) reasonable effort is made to contact all members and to allow them to participate in the resolution, and (b) at least one City-appointed member and one District-appointed member agree upon the resolution of the question. 7. PROGRAMMING OUTSIDE OF AGREEMENT In addition to City Time, the City and District agree to cooperate throughout the term of this agreement to permit the City to use the Joint Use Facilities for programming as programs are identified from time to time by the City subject to general District scheduling procedures and regulations. In general the hours may be from 3:00 pm - 10:00 pm during the school year and 7:00 am - 10 pm during the Summer and Holidays. City shall have use of Joint Use Facilities for special programs and special events as available. 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. 7