Playing Smart changelabsolutions.org | kaboom.org 84 4. Permitted Uses of Active Use Areas The District shall be entitled to the exclusive use of 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. The City shall be entitled to access Active Use Areas to open them for use by the community during daylight hours on weekends and school holidays when the District or its agents are not using the Active Use Areas. Such use shall be referred to as “Public Access Hours.” 5. Compliance With Law All use of District and City property shall be in accordance with state and local law. [Optional: Enumerate applicable state law here.] In the case of a conflict between the terms of this Agreement and the requirements of state law, the state law shall govern. Any actions taken by the District or the City that are required by state law, but are inconsistent with the terms of this Agreement, shall not be construed to be a breach or default of this Agreement. 6. Obligations of City A. Designation of Employee The City shall designate an employee with whom the District, or any authorized agent of the District, may confer regarding the terms of this Agreement. B. Access and Security The City shall provide the staff necessary to open and close the Active Use Areas during Public Access Hours. C. Inspection and Notification The City staff shall inspect the Active Use Areas to ensure these sites are returned in the condition they were received. The staff shall ensure the District is notified within __________ hours/days [insert timing here] in the event that an Active Use Area suffers damage during Public Access Hours. D. Supervision The City shall provide personnel necessary for the direction or supervision of activities sponsored by the City at Active Use Areas. The City shall enforce all District rules, regulations, and policies provided by the District while directing community recreational activities at Active Use Areas. E. Equipment and Storage The City shall furnish all expendable materials necessary for carrying out its programs. Permitted Uses of Active Use Areas: The parties will tailor these times to best suit the needs of their community. Depending upon whether the school or another provider operates an after school program, the parties may want to open the facilities to use after school on regular school days. Obligations of City: In this and the following section, the Agreement should specify the obligations of the two parties in relation to the Agreement. Issues such as access, security, maintenance, and custodial services should be addressed. The parties will tailor these provisions to determine which party is responsible for different tasks according to local law and community needs. Supervision: The City may wish to provide supervised play during Public Access Hours or simply open the Active Use Areas to Public Access without supervision. This model clause provides for supervision.
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