Shared Use Agreements A shared use agreement is a written contract between 2 or more partners that provides the terms and conditions for shared use of property. Shared use agreements have many different names: joint use agreements, memoranda of understanding, and contracts, among others. What the agreement is called is not as important as the intent of the parties involved and the content of the document. Shared use agreements allow partners to share responsibility for costs, security, maintenance, repairs, insurance, and potential liability. Shared use agreements are often used in partnerships between school districts and city or county governments. Agreements can allow shared use of facilities both for open play and recreation and for hosted programs and activities. These tools are not mutually exclusive; property owners can use them individually or together to allow shared use of facilities. For example, a school district may rent its fields to a softball league and its kitchens to a local catering company under its community use of facilities policy; share access to and responsibility for its tennis courts with the city’s parks and recreation department under a shared use agreement; and allow free community access to elementary school playgrounds and basketball courts under an open use policy. The key is to come up with creative ways to satisfy unmet recreational needs through efficient use of existing resources. Comparing Tools for Formalizing Shared Use Facilities Use Policies & Agreements Open Use Policies Shared Use Agreements Description A written policy adopted by a property owner (without a partner) that allows community access to its facilities for educational, recreational, civic, social, or cultural activitie A written policy adopted by a property owner (without a partner) that allows community access to its facilities for open play and recreation A written contract between a property owner and partner(s) that sets forth the terms and conditions for shared use of the property Most Appropriate Types of Use Hosted programs and activities, such as sports leagues, lessons, or classes Open play and recreation, such as using playgrounds, playing pickup basketball, or walking or running on a track or path Hosted programs and activities as well as open play and recreation Approaches to Cost, Liability, Insurance, and Maintenance Program organizers are often required to fill out and sign a standard agreement, pay a fee, and provide proof of insurance. Property owner is responsible for site management. Responsibility for liability, insurance, maintenance, and costs stays with the property owner. Typically transfers some responsibility for costs, liability, insurance, or maintenance from property owner to shared use agreement partner(s) for the duration of the contract 16 Shared Use | changelabsolutions.org
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