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<br /> . <br /> . <br /> C' , <br /> # <br /> r{ Page 2 - Joint Powers Agreement (Ball Fields - New Brighton) <br /> of this Agreement shall be deemed to commence as near to April 1 as weather <br /> permits each year in which this Agreement is in effect and t~continue until <br /> the first snowfall in the next succeeding fall of that year, or November 1, <br /> thereof, whichever occurs earlier. <br /> 2. Filling and Grading. The City is hereby granted permission to <br /> fill and grade such sites that will be required for its recreational activity <br /> program, at its own expense. The City agrees that such filling and grading <br /> will not interfere with the use of the site by the School District. The City <br /> also agrees to replace or repair any damages that are cre~ted by such filling <br /> and grading. <br /> 3. No Other Capital Improvements. The City will not construct or <br /> place upon said sites any other capital improvements, nor be responsible for <br /> the further maintenance of said sites, such as snow plowing or mowing, which <br /> will be the responsibility of the School District. <br /> 4. Conducting Recreational Programs on Ball Diamonds. The School <br /> District grants to the City permission and license to conduct at such times, <br /> after school hours, on weekends, and in the summer, as will not interfere <br /> with regular school district curriculum and related activities, on ball diamonds, <br /> such recreational activities, programs, or events, as the City desires to <br /> conduct, to utilize them for the optimum benefit of citizens living within <br /> the School District in general and citizens of the City in particular. To this <br /> end. the Parks and Recreation Department of City shall upon execution of the <br /> Agreement conform to the School District Policy 1330 and furnish the School <br /> District with the diamonds' schedule of after school hours, on weekends, and <br /> in the summer in connection with its regular recreational program, which schedule <br /> need not be all inclusive and may be updated from time to time. Upon receipt of <br /> such schedule, the School District shall issue a Facility Use Permit for that <br /> time requested. In the event the School District desires to use the diamonds <br />