Playing Smart changelabsolutions.org | kaboom.org 93 exclude Active Use Areas during the term of this Agreement, provide that any such change shall be in writing and approved by both the District and the City. B. Indoor Facilities The term “Indoor Active Use Areas” will be used for purposes of this Agreement to mean the designated gymnasiums, swimming pools, _________, or other indoor recreation facilities. Terms of this Agreement will apply to all Indoor Active Use Areas owned by the District as identified in Attachment B 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, provide that any such change shall be in writing and approved by both the District and the City. C. Active Use Areas The term “Active Use Areas” will be used for both Indoor and Outdoor Active Use Areas. 4. Permitted Uses of Active Use Areas The District shall be entitled to the exclusive use of all Indoor and Outdoor 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. A. City Access to Outdoor Active Use Areas The City shall be entitled to access Outdoor 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 Outdoor Active Use Areas. Such use shall be referred to as “Outdoor Public Access Hours.” B. City Access to Indoor Active Use Areas The City shall have access to Indoor Active Use Areas to open them for use by the community on ______________________ [Specify hours here or alternatively provide for the hours on a separate attachment.] Such use shall be referred to as “Indoor Public Access Hours.” C. Parking Facilities During Public Access Hours the District shall make available for public parking the parking facilities listed in Attachment C to this Agreement. 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. Indoor Facilities: Again, the listing of Indoor Active Use Areas could be inserted in this section. It is important that this list be carefully compiled to ensure its accuracy. Permitted Uses of Active Use Areas: Communities will tailor these times to best suit their needs. Depending upon whether the school or another provider operates an after school program, communities may want to open the facilities to use after school on regular school days. Parking Facilities: The parties should determine whether the community will have access to any parking facilities, and if so, the conditions for access to them.
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