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HomeMy WebLinkAboutILA1969-007 - Original - Federal Way School District - Mutual Community Recreation Program - 10/14/1969 October- 24 , 1969 Mr. Hamlin Federal Way School District 1430 So. 3003th Federal tJny , t ashington Dear Air. Hamlin : I have enclosod an executed copy of the agreement between the Federal ttiay School District and the City of Ko—ot Parks and LZocrc�ation Dopartment which was approved at the council meeting on October 20th. Vora truly yours , Marie Jensen City Clerk Enclosure MJ/db 1 AGREEMENT BETWEEN FEDERAL WAY SCHOOL DISTRICT NO. 210 AND CITY OF KENT PARKS $ RECREATION DEPARTMENT 2 CITY OF KENT 3 4 THIS AGREEMENT, made and entered into this i'Al day of ' 5 1969, by and between THE CITY OF KENT, a municipal corporation, hereinafter 6 called "CITY," and the FEDERAL WAY SCHOOL DISTRICT NO. 210 of the State of 7 Washington, hereinafter called"DISTRICT;" W I T N E S S E T H: 8 WHEREAS, the governing bodies of the City and District are mutually 10 interested in an adequate program of community recreation under the auspices 11 of the City public parks and recreation department; and WHEREAS, said governing bodies are authorized to enter into agree- 12 13 ments with each other, and to do any and all things necessary or convenient 14 to aid and cooperate in the cultivation of good citizenship by providing for adequate programs of community recreation; and 15 16 WHEREAS, the City has established by Ordinance a Department of 17 Parks and Recreation responsible for carrying-out the purposes of community recreation; and 18 18 WHEREAS, in the interest of providing the best service with the 20 least possible expenditure of public funds, , full cooperation between City and District is necessary; and 21 22 WHEREAS, a joint use concept can provide for the maintenance and 23 operation of existing fields and buildings for their better utilization by both parties; and 24 25 WHEREAS, a joint use agreement would allow and encourage the City 26 and District to work together in planning, developing and building facilities for joint use. 27 28 NOW, THEREFORE, In consideration cf this premise, said City and said 28 District do now agree to cooperate with each other in carrying-out the above 30 purposes, and to that end do agree as follows: 31 1 . The District will make available to the City for community 32 recreational activities all school facilities which are suitable for community =1= I recreation activities; said facilities are to be selected (in writing) by the 2 Director of Parks and Recreation of the City, subject to the approval of the 3 Superintendent of Schools or his designated representative of the District. 4 2. The City will make available to the District for school events, 5 ' activities and/or programs, all City facilities which are suitable for said 6 events, activities and/or programs. The facilities to be selected (in writing) 7 by the Superintendent of Schools or his designated representative, subject to 8 the approval of the Director of Parks and Recreation. 9 3. The use of selected school facilities shall be in accordance with 10 the regular procedures of the District in granting permits for use of school 11 facilities as provided for by the Laws of Washington and the rules and regula- 12 tions of the School Board. 13 4. It is hereby agreed that a schedule of dates of the use of the 14 District School facilities will be worked out in advance by the City and that 15 this schedule will be arranged to avoid conflict between school and recreation 16 use; that in the scheduling of said facilities, school events and programs shall have first priority, and programs and activities 17 established by the Recreation Department, shall have second priority and any 18 other events by other groups or agencies shall have third priority. 19 S. It is further agreed that a schedule of dates for the use of 20 the City facilities will be worked out in advance by the District and that 21 this schedule will be arranged to avoid conflict between recreation and school 22 use; that in the scheduling of said facilities, recreation department activi- 23 ties shall have first priority and school events and programs shall have 24 second priority and any other events by other groups or agencies shall have 25 third priority. 26 6. The City, through its Department of Parks and Recreation, agrees 27 to provide adequate personnel to supervise the recreation activities which 28 take place after school hours and during holiday and vacation periods at the 29 selected areas or facilities. 30 7. It is understood and agreed that the personnel employed by the 31 City in its Park and Recreation Department shall be under the supervision 32 of the Department and further that the school principals are expected to and =2= I will advise in the planning and administering of a recreation program to be 2 conducted by the City on or in the facilities under said principals' jurisdic- 3 tion. 4 8. It is recognized that school properties and facilities are 5 intended primarily for school purposes and for the benefit of individuals 6 of school age. It istherefore agreed that, in planning programs and schedul- 7 ing activities on school grounds, the recreational needs and opportunities of 8 such individuals will be well provided for and adequately protected. 8 9. It is further agreed that in the event of any dispute of 10 difference arising as a result of the recreation program being conducted on 11 the sites jointly used and selected as above outlined, or as to the use of a 12 District facility, then in the event, said dispute or difference shall be 13 settled and arbitrated by appealing to the respective department heads of 14 the City and District. 15 10. It is furthe r agreed that the City Recreation Department will 16 furnish and supply all expendable materials necessary for carrying on a 17 community recreation program unless otherwise agreed. 18 11 . It is further agreed that the City may, with permission, in- 18 stall sprinkler systems, turfing, playground equipment, fencing and additional 20 recreational equipment not in conflict with school use, on areas selected by 21 the Director of Parks and Recreation, subject to approval by the Superintendent 22 of Schools or his designated representative. Any installation of equipment, 23 construction or development of facilities on said premises, for community 24 recreation purposes, shall be at the City's cost unless otherwise agreed. 25 12. It is further agreed that the plans and specifications for the 26 placement of all equipment, facilities and permanent improvements upon said 27 premises and the type, design and construction thereof, shallbe approved by 28 the Superintendent of Schools or his designated representative prior to any 29 installation thereof. 30 13. It is further agreed that the cost of maintaining said improved 31 areas shall be borne proportionately by the City and the District as determin- 32 ed by the relative use of said areas, and further that the City and the =3= I District agree to maintain such areas in good condition during the 2 periods of their respective responsibility. 3 14 . It is further agreed that any permanent improve- 4 ments or equipment installed or erected on said premises by the 5 City shall remain the property of the City and may be removed if 6 permit for use of area is terminated ; provided, however, the City 7 shall in such event restore the premises to as good a condition 8 as they were prior to the removal . 9 15 . It is further understood and agreed that either 10 party to this Agreement may at any time terminate this Agreement 11 upon giving , in writing, to either party twelve (12) months ' notice 12 of its intention to terminate same . In the event any or all of 13 the said improved premises be required for exclusive use by the 14 District , the City shall be reimbursed for depreciated costs of 15 installation of any permanent improvements such as sprinkler 16 systems or buildings where it will not be practical to remove such . 17 16 . It is agreed that the City shall hold harmless and 18 free from liability the District , its officers , agents , servants , 18 or employees , while acting as such, from all damages , costs , or 20 expenses which any of them shall become obligated to pay by reason 21 of liability imposed by law because of injury to property, or 22 injury to or death of persons , received or suffered by reason of 23 operation of the community recreational program upon said premises; 24 and further the City shall be responsible for any and all damages 25 to all school property caused by the result of any recreational 26 activity being conducted upon said premises by the City . 27 17 . It is further agreed that the District shall hold 28 harmless and free from liability the City, members of its City 29 Council , Boards or Commissions , its Officers , agents or employees 30 while acting as such , from all damages , costs or expenses which 31 any of them shall become obligated to pay by reason of liability 32 imposed by law because of injury to property or injury to or death of persons received or suffered by reason of use of any of said =4= X. . Ij ,I 1 ;; installations or equipment in connection with the District program 2 ' which is under supervision or control of the District and shall 3 ireimburse the City for any damage cau.sed to equipment or installa- ` 4 i' tion made by the City properly, pursuant hereto , while under 5 ' control of the District . 6 ' IN WITNESS WHEREOF , the parties hereto have caused 7 !Ithis Agreement to be executed on their behalf. 8 8 THE CITY OF KENT, A Municipal Corporation, 10 ! First Party: 11 ; BY : 12 ! MAYOR 13a �� 14 it Attest : 15 CITY CLERK 16 FEDERAL WAY SCHOOL DISTRICT NO. 210, 17 Second Party : 18 ,' r 18 PRESIDING OFFICER OF THE BOARD 20 ; Attest : 21 14' 22 SECRETARY 23 24 25 I 26 27 (! 28 28 30 31 32 �! �i ,i y