Playing Smart changelabsolutions.org | kaboom.org 103 2. Effective Date This Agreement shall be effective upon ______________ and upon inspection of affected property as described hereinafter in Section 3 by District and City officials. 3. Facilities Covered The term “Active Use Areas” will be used for purposes of this Agreement to mean the designated fields, playgrounds, parking lots, gymnasiums, ___________ [list other types of facilities] owned by the District as identified on Attachment A to this Agreement. The District and the City shall have the right to add or exclude Active Use Areas during the term of this Agreement, provided that any such change shall be in writing and approved by both the District and the City. 4. Permitted Uses of Active Use Areas A. District Use The District shall be entitled to the exclusive use of all Active Use Areas for public school and school-related educational and recreational activities, including summer school, and, at such other times as Active Use Areas are being used by the District or its agents. B. City Use At all other times and subject to the schedule developed by the City and the District, the City and third parties authorized by the City will be entitled to access to and use of Active Use Areas, without charge, [or list payment or reference to payment schedule] for community recreational and educational purposes for the benefit of District students, the District, and the City at large. The City’s obligations under this Agreement shall also apply to third parties using the Active Use Areas. The City shall be responsible for ensuring third parties comply with all obligations under this Agreement when using Active Use Areas. The City shall enforce all District rules, regulations, and policies provided by the District while supervising community recreational activities at Active Use Areas. In planning programs and scheduling activities on school grounds, the security, academic, athletic, and recreational needs and opportunities of school-aged children will be the highest priority and be adequately protected. The periods of use of Active Use Areas by the City or third parties shall be referred to as “Public Access Hours.” C. Third-Party Use All third-party use of Active Use Areas shall be subject to all District rules, regulations, and policies. The City and the District agree that in providing access to Active Use Areas for use other than by the District or the City, the following priorities for use shall be established: Category 1 Activities for youth Category 2 City adult programs or activities Category 3 Other adult programs or activities Effective Date: The effective date is the date upon which the Agreement will become operative. Often it is the date signed by the responsible officials. Some school districts may be reluctant to open facilities for after-hour use, fearing property damage. The Agreement designates responsibility for damage repair in section 16. Both parties should inspect facilities before opening them to use to establish an understanding of the condition of the facilities prior to the Agreement. Facilities Covered: Alternatively, the listing of Active Use Areas could be inserted in this section. It is important that this list be compiled carefully to ensure its accuracy. City Use: This section provides that the City is responsible for the actions of third parties using the District facilities and presumes that the City will be responsible for scheduling thirdparty use of facilities (See section 7 below.) Alternatively, the parties may wish to allocate responsibility and scheduling to the District. Third-Party Use: If the District and City plan on opening access to their property to third parties they should establish priorities for use after a careful review of state and local law. Both the City and District may have other laws, regulations or policies that establish procedures for thirdpaty access by permit or other procedure. It is important to ensure that this Agreement conforms to those local laws or regulations or to amend those laws and regulations so that the priorities and procedures established in the Agreement are consistent with the laws and regulations.
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