CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

2 c. Either Party may terminate this Agreement upon the other Party's material breach of this Agreement by providing notice to the breaching Party in accordance with Section 8 of this Agreement. 2. Use of Tennis Courts. a. The Tennis Courts shall be available for community use year-round as follows: Saturday, 9:00am-5:00pm and Sunday, 9:00am-5:00pm.” b. District Right to Cancel. With thirty (10) calendar days’ written notice, District may cancel the hours of use by City set forth in Section 2.a. above for the purpose of hosting District events or conducting routine and/or emergency maintenance. District may cancel the hours of use by City at any time to perform emergency maintenance required to prevent injury to person or property. c. Rules Applicable to City Use. At all times when the Tennis Courts are used by the City, the Tennis Courts shall be under supervision and control of City, its agents and employees and administered and operated in accordance with all the rules and regulations established by both District and City. If conflict occurs between the Parties’ rules and regulations, the stricter rule or regulations shall apply. City agrees to assume full responsibility for the scheduling, supervision and control of recreational activities conducted by City. City further agrees to provide adequate and qualified recreational personnel to fulfill these responsibilities. All personnel employed in connection with City’s use of the Tennis Courts for recreational programs shall be deemed City’s employees or agents. The hiring, supervision and discipline of all such personnel shall be the responsibility of City. City agrees to procure and maintain in full force and effect, workers’ compensation insurance coverage, or be lawfully self- insured, for such recreational personnel for any death, injury or illness arising in connection with the City’s performance of this Agreement. City shall not make any modifications to the Tennis Courts. d. Each agency shall be responsible for clean-up of the Tennis Courts after use. Should either agency be required to assume custodial costs due to the other agency’s use of the Tennis Courts, the costs may be billed to the responsible agency with sufficient information accompanying the billing to identify the reason for required service. Should District be required to assume custodial costs due to City’s use of the Tennis Courts, the costs shall be billed to City with information that identifies the reason for required service. City shall pay such an invoice withing fourteen (14) days of receipt. Each party shall communicate information regarding clean-up problems noted to the party in an effort to improve housekeeping. e. City shall be responsible for damage to the Tennis Courts, and any other District facilities or property, that specifically occurs during and stemming from City’s use of the Tennis Courts and shall notify District in writing the next workday of any damage noted. Page 47 of 228