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<br />The SCHOOL shall be entitled to the exclusive use of all Active Use Areas for school and <br />school-related educational and recreational activities year round, and, at such other times as <br />Active Use Areas are being used by the SCHOOL or its agents. <br /> <br />B. Other Use <br />1. All parties agree that in providing access to Active Use Areas the following priorities for <br />use shall be utilized: <br />st <br />a. 1 Priority: SCHOOL activities <br />nd <br />b. 2 Priority: CITY activities (public access) <br /> <br />2. Subject to Rules, Regulations, and Policies <br />The CITY shall be responsible for enforcing all SCHOOL rules, regulations, and policies <br />while supervising recreational activities at Active Use Areas. <br /> <br />3. Compensation <br />In exchange for meeting their obligations under this agreement, the CITY will be entitled <br />to access to and use of Active Use Areas, without charge, for community recreational and <br />educational purposes for the benefit of the Elk River community. <br /> <br />V. Compliance with Law <br />All use of SCHOOL property shall be in accordance with state and local law. In the case of a conflict <br />between the terms of this Agreement and the requirements of state law, the state law shall govern. <br />Any actions taken by the SCHOOL, or the CITY that are required by state law, but are inconsistent <br />with the terms of this Agreement, shall not be construed to be a breach or default of this Agreement. <br /> <br />VI. Communication <br />A. Designation of Employees <br />The SCHOOL and the CITY shall respectively designate an employee with whom the other <br />party, or any authorized agent of the party, may confer regarding the terms of this Agreement. <br />1. School Representative: Facilities Director <br />2. City Representative: Parks and Recreation Director <br /> <br />B. Monitoring of Agreement <br />1. Once a year (or, as needed), all parties will meet to discuss and evaluate implementation of <br />the joint use Agreement and any problems that may arise. If the representatives are unable to <br />reach a solution on a particular matter, it will be referred to the SCHOOL’s Executive <br />Director and the City of Elk River Parks and Recreation Director, or their designees, for <br />resolution. <br />2. The Agreement shall be reviewed by September 1 each year to evaluate the project, <br />determine changes needed, and to propose amendments. <br /> <br />VII. Scheduling Use of Property <br />The SCHOOL will be responsible for developing the master schedule for use of the Active Use <br />Areas following the priorities listed in IV.B. Generally, SCHOOL use will take place during school <br />hours until 5:30 p.m. and CITY/public use would be on weekends. <br /> <br /> <br /> <br /> <br />2 | Page <br /> <br />