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• SECTION IV <br />FALCON HEIGHTS ELEMENTARY SCHOOL BASKETBALL COURTS AND CITY OWNED. <br />PLAYGROUND <br />4.1 Introduction. In 1995 the City purchased a playground (hereby known as amenity #2) as shown in <br />Exhibit "C" attached hereto, and installed a basketball court (hereby known as amenity#3) as shown <br />in Exhibit "C" attached hereto, on the grounds of Falcon Heights Elementary School. These items <br />were purchased and installed to serve the recreational needs of the students of the School District <br />and the citizens of Falcon Heights. <br />4.2 Equipment. The playground equipment and basketball court will be owned by the District. The <br />District shall promptly fix or replace any damaged equipment. The District shall keep the <br />playground and basketball court in good repair and in a safe condition. <br />• 4.3 Use of equipment. These amenities shall be open to the public except during school hours during <br />which time the District may make exclusive use of the amenities. <br />4.4 Permanent Removal. If the district removes the amenities referenced in section 1V, the District <br />shall notify the City sixty (60) days in advance and give the City the option to remove the <br />equipment. <br />4.5 Use of Grounds. The city may use the grounds identified in exhibit A for recreational programming <br />activities. In return for the use the city will provide trash pickup from all barrels near the play <br />amenities and sports fields. <br />4.6 Liability. The District is responsible for any claims arising out of the use of any of the above named <br />amenities, and any liability for claims arising there from shall be governed by Minnesota Statutes, <br />Chapter 466. <br /> <br />S9 <br />