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4.2. SR 02-02-1998
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4.2. SR 02-02-1998
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2/2/1998
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Ownership of the Property and all improvements thereon, including future <br /> <br />improvements installed by the City, shall remain in the name of the District. <br /> <br /> 7. The City and the District shall, from time to time, enter into agreements or <br />understandings pertaining to the maintenance of the Property. <br /> <br /> 8. The District and the City shall be entitled to use the Property, so long as the intended <br /> <br />use is recreational in nature, not offensive to local, state or federal law, does not unreasonably <br />jeopardize the condition of the Property and is in all other respects consistent with this Agreement <br />and amendments thereto. <br /> <br /> 9. In the event of scheduling conflicts regarding the use of the Property, the District shall <br /> <br />have priority during school hours and for school related extra-curricular activities. <br /> <br /> 10. The District agrees to allow the City to use the Property as a recreational area/baseball <br />field. In the event the District desires to sell the Property or in any other way makes the Property <br />unusable by the City as a recreational area/baseball field (i.e., the District changes the use or nature <br />of the Property in such a way as to make it not usable as a baseball field), the District shall repay the <br />City a portion of the City's costs to improve the Property. The District's responsibility to reimburse <br />the City for the costs of improvements shall decline by ten percent (10%) of the cost of the <br />improvement, for each year after the improvement is completed. For the purpose of determining <br />reimbursement, the improvement's cost is the actual cost or the estimated costs contained in the plans <br />approved by the District, whichever is less. (e.g. The City submits to the District plans for an <br />outfield wall. The plans suggest that the wall will cost $10,000.00. The District approves the plans <br />and the project is completed on July 1, 1998. The City pays the contractor who constructed the wall, <br />$11,000.00 on August 1, 1998. On August 1, 2001, the District sells the Property to a third party <br />and as a result of the sale, the Property can no longer be used as a baseball field. The District would <br /> <br />BeckP 540758.1 3 <br /> <br /> <br />
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