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3. PERNHTTED USE OF FACILITIES. The rights of the City to schedule use of the <br />Joint Use Facilities shall be determined based on the following. <br />A. District Use. District shall have the right, without prior consent of the City, to <br />schedule use of the Joint Use Facilities during Regular School Hours for both the <br />regular school year and any summer school and, on a first priority basis for activities <br />during City Time upon thirty day notice to the City and in compliance with the <br />provisions herein ("District Use"). However, if City has already scheduled a <br />program for the Joint Use Facilities, then District shall use its reasonable efforts to <br />provide City with an acceptable alternate location on the School Site. <br />B. City Use. City shall be responsible for and have the authority to schedule activities <br />in the Joint Use Facilities during the City Time, for activities previously <br />recommended by the Technical Advisory Committee, or for activities during <br />Regular School Hours with the District's prior written consent ("City Use"). <br />C. Administrative Oversight of Community Garden. In the event of a conflict <br />regarding the planting of the Community Garden, the City shall have the right to <br />determine the plantings, nutrients, watering facilities and other administrative details <br />regarding the Community Garden. <br />D. Priority for Youth Sports. The City will utilize the Joint Use Facilities during City <br />Time, including the use of the basketball courts for youth sport organizations with <br />priority given to youth sport organizations that have the greatest number of youth <br />that live within a half (1/2) mile radius of the School. If the Joint Use Facilities are <br />not being utilized by youth sports organization, they will be available on a first <br />come first served basis during City Time. <br />E. District Priority. Priority will be given to a school or District use of the Joint Use <br />Facilities during City Time. In the event that District desires to use the Joint Use <br />Facilities outside of Regular School Hours, it agrees it will schedule use of the Joint <br />Use Facilities through the City. If District's use preempts previously scheduled City <br />or Youth Sports Organization, District shall use its reasonable efforts to provide a <br />suitable relocation site for the preempted organization. <br />F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved <br />informally by the Parties, the Technical Advisory Committee shall be responsible <br />for resolving conflicts in scheduling of the Joint Use Facilities. <br />G. City Programming. The City may conduct its own programs or do so through a <br />third party, so long as done in the same manner and under the same conditions for <br />programming of other City facilities and meets any applicable State or Federal anti- <br />discrimination requirements or school-site safety standards such as prohibition of <br />alcoholic beverages and tobacco, and all restrictions on admission fees or other <br />charges per Education Code section 10900, et seq.. Reservation fees collected by <br />City for City Use of the Joint Use Facilities shall be retained by City. The City shall <br />not charge the District and the District shall not charge the City for any use of the <br />Joint Use Facilities. District acknowledges that the funds being provided by City <br />for the Community Garden renovations are received by City pursuant to the CDBG <br />25B-6