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