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14.4 Athletic Fields. Notwithstanding anything to the contrary in the Joint Use Agreement, City shall be solely
<br />responsible for maintenance of the athletic fields located within the Sandpiper Joint Use Site and all costs and expenses
<br />associated therewith.
<br />SECTION 15 UTILITIES
<br />15.1 New Classroom Building and Premises. Except as otherwise provided in this Lease or the Joint Use
<br />Agreement or amendments thereto, District shall, at its sole cost and expense, make all arrangements and pay for all
<br />utilities used by District, or any of its contractors, licensees, invitees, tenants, or assigns, at or upon the Premises and
<br />the New Classroom Building, including but not limited to gas, water, electricity, sewer, garbage, light, heat or power,
<br />telephone or other communication service. District shall also obtain, or cause to be obtained, without cost to City,
<br />any and all necessary permits, licenses or other authorizations required for the lawful andproper installation, operation,
<br />and maintenance upon the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in
<br />supplying any service to and upon the New Classroom Building.
<br />15.2 New Restroom Facility. Except as otherwise provided in this Lease and notwithstanding anything to the
<br />contrary in the Joint Use Agreement, City shall, at its sole cost and expense be responsible for payment for all utilities
<br />associated with the New Restroom Facility.
<br />SECTION 16 MAJOR CHANGES, ALTERATIONS, AND NEW CONSTRUCTION
<br />16.1 Maior Changes and Alterations. Except as permitted by this Lease or any amendments thereto, and except
<br />as required to repair or restore damage or wom improvements, District shall not make any substantial structural
<br />changes, alterations, replacements or additions to or of ("Alterations") the New Project, New Classroom Building, or
<br />the Premises, without the prior written consent of City, which City may grant in its sole discretion- For any alterations,
<br />the following conditions shall apply; (a) unless otherwise agreed in writing by City Manager or his/her designee and
<br />District, District shall pay all costs and expenses related to the Alterations; (b) the Alteration shall be for a use which
<br />is permitted hereunder; (c) District shall obtain and pay for, and City shall join in the application when necessary, all
<br />required permits and authorizations of any federal, state, county or municipal government or departments or
<br />subdivisions of any of them, havingjurisdiction; (d) any Alteration shall be made in a good and workmanlike manner
<br />and in accordance with all applicable permits and authorizations and building and zoning laws and with all other
<br />Applicable Laws; and (e) the Parties shall enter into an agreement setting forth other conditions of Construction.
<br />16.2 Exceutions to Consent Requirement. Notwithstanding anything to the contrary contained in this Lease,
<br />District shall not be required to obtain City's prior written consent to any Alterations so long as all the following
<br />requirements are met: (i) the Alteration is non-structural; (ii) the Alteration is not visible from the exterior of the
<br />Premises; (iii) the Alteration has a cost of less than $350,000.00, such limit to increase by 3.5% annually. District
<br />shall deliver to City within sixty (60) days following completion of the work, three sets of "As Built" plans for all
<br />work for which architectural drawings are required. With respect to any Alterations, District shall obtain all necessary
<br />approvals and comply with applicable laws.
<br />SECTION 17 PROTECTION OF PREMISES
<br />District shall not dump refuse in or around any area of the Premises, and shall not commit or suffer to be committed
<br />any waste or nuisance upon the Premises. District further agrees that it shall at all times exercise due diligence in the
<br />protection of the Premises against damage or destruction by fire or other cause.
<br />SECTION 18 CASUALTY DAMAGE
<br />(a) During the Term, if the Premises and/or New Classroom Building, or any part thereof, shall be damaged
<br />by fire or other casualty, District shall give prompt written notice thereof to City. District shall have the option to
<br />reconstruct the Premises and/or New classroom building, all to the extent such damage is covered by insurance carried
<br />by District; provided, however, if insurance proceeds are not sufficient to reconstruct the Premises and/or New
<br />ATTY/AGR/2017.041/GROUND LEASE —SANDPIPER
<br />REV: 03-01-1715
<br />Page 13 of 33
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