PLEASANTON UNIFIED SCHOOL DISTRICT JOINT USE HART

by the School District during times other than School Hours when the Gymnasium Facility is needed for School District activities or events, including, but not limited to, extracurricular or sporting events. City and School District agree to notify the other at least sixty (60) days prior to any scheduled activities in the Gymnasium Facility that may materially impact the uses of the Gymnasium Facility. 9. City's Contribution to Gymnasium Facilities. Upon acceptance by City of the Gymnasium Facility as evidenced by City approval of this Agreement, City shall pay School District for its proportional share of actual cost[s] of design and construction of the Gymnasium Facility, constructed pursuant to the City approved plans and specifications. The City's proportional share of such actual cost[s] is agreed upon to be in the amount of One Million Nine Hundred Forty Five Thousand One Hundred and Fifty Four Dollars and No Cents ($1,945,154.00). City shall pay this amount for work completed within thirty (30) days of City approval of this Agreement. 10. Additional Improvements. City may also pay for, install, or construct on the Gymnasium Facility site during the lease term, other improvements, buildings and structures, such as additional dressing rooms, bleachers and other additions which the City determines to be necessary for the increased efficiency or general betterment of the Gymnasium Facility and which do not interfere with School District use of the Gymnasium Facility. Said additional construction shall be subject to the prior written consent of School District. 11. City's General Responsibilities as Lessee. Upon the commencement of the lease term, City, as lessee, shall: (a) Maintain the Gymnasium Facility in good condition and repair. City shall promptly and diligently repair, restore, and replace as required to maintain and comply as above, or to remedy all damage to or destruction of, all or any part of the Gymnasium Facility resulting -5-