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the insurance policy shall be deemed to be held in trust by the <br />recipient for the uses and purposes prescribed by this Agreement. <br />Any insurance proceeds remaining after complying with the <br />provisions of this Agreement relating to maintenance, repair, and <br />reconstruction of improvements shall be the City's sole property. <br />17. Eminent Domain. In the event of a total, substantial, <br />or partial taking of the City Facility by a governmental agency <br />exercising its right of eminent domain, the rights of the parties <br />with respect to the term, the rent, and the award shall be as the <br />parties then agree to be just and equitable under all the <br />circumstances, having in mind the economics of operating any <br />remaining portion of the premises and improvements, the cost of <br />restoration, and the balance of the term remaining, among other <br />relevant considerations. <br />18. Community Use of the Facilities. Upon completion of <br />the City and School District Facilities, such Facilities shall be <br />made available to the community, subject to the following: <br />a. The City and School District Facilities shall be <br />maintained in operable condition year round, except for those <br />periods of time required for floor resurfacing and other facility <br />repair or maintenance. The City shall maintain the City Facility <br />and make all alterations, additions or repairs required by law. <br />The School District shall maintain the School Facility and make <br />all alterations, additions or repairs required by law. The City <br />shall schedule and operate the City Facility; the School District <br />shall schedule and operate the School Facility. School District <br />9 <br />