Joint Use Agreement for a Sports Facility Cole Chrisitian SchoolAGREEMENT FOR JOINT USE OF SPORTS FACILITIES
*his AGREEMENT�OR JOINT USE OF SPORTS FACILITIES is made this
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day of r 0l by and between the City of Meridian, a municipal corporation
organized under the lawkof the State of Idaho, and Cole Community Church, doing business as
Cole Valley Christian School, a nonprofit corporation organized under the laws of the State of
Idaho.
WHEREAS, the respective governing bodies of City and CVCS are mutually interested
in enhancing the Meridian community's quality of life by providing and supporting recreational
facilities and opportunities for members of the Meridian community;
WHEREAS, City and CVCS recognize that through cooperation, joint use of facilities
held by each party respectively can more effectively meet the need for diverse athletic
programming and recreation than either party can provide separately;
WHEREAS, CVCS desires to use, for its baseball and softball programming, Mo Brooks
Field, located at Storey Park, 205 E. Franklin Road, Meridian, Idaho, and Heritage Middle
School Field #2, located at Heritage Middle School, 4990 N. Meridian Road, Meridian, Idaho
("Fields");
WHEREAS, City desires to use, for its volleyball and basketball programming, the
gymnasium at CVCS, located at 200 E. Carlton Avenue, Meridian, Idaho ("Gym");
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, City and CVCS agree as follows.
I. JOINT USE OF CVCS GYMNASIUM.
A. Priority Use. As established by the Official City Volleyball/Basketball Schedule, City shall
be entitled to priority use of the Gym for volleyball and basketball practice sessions, games,
classes, camps, and related preparatory activities, for the purposes set forth in such schedule
and under the terms set forth in this Agreement. CVCS shall provide to City a master
schedule of all Gym use.
B. Establishment of CVCS Gym Use Schedules. Communication between CVCS and City
regarding Gym scheduling shall occur by e-mail between CVCS Contact and City Contact.
Each party shall have the right to rely upon such communication in scheduling its uses of
Gym; amendments to an e-mailed schedule shall occur only upon mutual agreement between
the CVCS Contact and City Contact. The parties shall schedule City's priority use of Gym in
accordance with the following timeline:
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 1 OF 10
First Friday in August: City notifies CVCS of all starting and ending dates
during which City proposes to schedule and conduct
volleyball and basketball practice sessions, games,
classes, camps, and related set-up and tear -down
activities at Gym in Fall, Winter, and Spring
First Friday in September: CVCS notifies City of all non -City Gym use in
September, October, and November
Second Friday in City notifies CVCS of its practice and game schedule for
September: September, October, and November, including dates,
times, and duration of each volleyball and basketball
practice session, game, class, camp, and related
preparatory activities at Gym
Third Friday in October: CVCS notifies City of all non -City Gym use in
December
Fourth Friday in October: City notifies CVCS of its practice and game schedule for
December, including dates, times, and duration of each
volleyball and basketball practice session, game, class,
camp, and related preparatory activities at Gym
First Friday in December: CVCS notifies City of all non -City Gym use in January
and February
Second Friday in City notifies CVCS of its practice and game schedule for
December: January and February, including dates, times, and
duration of each volleyball and basketball practice
session, game, class, camp, and related preparatory
activities at Gym
First Friday in February: CVCS notifies City of all non -City Gym use in March,
April, and May
Second Friday in February: City notifies CVCS of its practice and game schedule for
March, April, and May, including dates, times, and
duration of each volleyball and basketball practice
session, game, class, camp, and related preparatory
activities at Gym
C. General obligations of City regarding Gym.
1. Seasonal maintenance of basketball hoop and curtain motors. Once during CVCS's
Christmas break and once during CVCS's summer break, and subject to the conditions
and limitations herein, City shall provide basic repair and maintenance for the motors that
raise and lower all six (6) basketball backstops and the motors that raise and lower the
AGREEMENT wrrH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 2 OF 10
mid -court curtain in Gym, including greasing the motors' system joints and range of
motion. CVCS shall provide City thirty (30) days notice of the date(s) upon which such
maintenance shall occur, except where immediate action is necessary to protect the
health, safety, and/or welfare of Gym users. All scheduled maintenance shall occur on
weekdays.
2. Repair of basketball hoops and curtain motors.
a. East-West hoops and motors. As to the four (4) East-West basketball hoops in
Gym, City shall make repairs on an as -needed basis. CVCS shall be responsible for
any and all costs of such repairs, including, but not limited to, costs related to labor,
parts, and equipment.
b. North-South hoops and motors. As to the two (2) North-South basketball hoops in
Gym and the curtain motor, City shall provide three (3) as -needed repair calls per
Agreement term, and shall pay for the cost of renting a lift for the completion of this
maintenance obligation, a cost to City of approximately four hundred dollars
($400.00). Additionally, City shall pay the costs of renting or purchasing other
necessary parts and/or equipment up to six hundred dollars ($600.00) total per
Agreement term. Where CVCS requests more than three (3) as -needed repair calls
per Agreement term, or where the cost to rent or purchase necessary parts and/or
equipment other than a lift needed by City to perform its maintenance obligations
hereunder regarding the two (2) North-South basketball hoops and their curtain
motors in Gym exceeds six hundred dollars ($600.00) total per Agreement term,
CVCS shall be responsible for any and all costs of such repairs, including, but not
limited to, costs related to labor, parts, and equipment. CVCS may directly pay any
and all vendor invoices for such costs or reimburse City for same within thirty (30)
days of receipt of invoice for same.
3. Site Supervisor. City shall assign one (1) Site Supervisor to unlock the Gym, set up
equipment, be on site at CVCS during games or practices in Gym scheduled by City, take
down equipment, put all basketball hoops in "down" position ready for basketball, ensure
that all persons have left Gym and/or CVCS, and lock the Gym. The Site Supervisor
shall advise City immediately if any basketball hoop is stuck in "up" position or
otherwise requires repair. The Site Supervisor may leave Gym and/or the CVCS campus
during such use of Gym as needed at other facilities, during which time game officials
shall provide supervision of Gym use, but shall be assigned to spend the majority of his
or her time at CVCS supervising Gym use. As CVCS does not staff its facilities on
Friday evenings, the Site Supervisor shall not leave CVCS at any time on Fridays.
4. Reasonable use. City shall employ best efforts to ensure that its authorized use of the
Gym and CVCS facilities is appropriate and reasonable. Where City's use of Gym and
CVCS facilities causes excessive damage to same, over and above normal wear and tear,
City shall reimburse CVCS for the proportionate cost of necessary repairs. City shall
exercise best efforts to see that any and all use of Gym and CVCS facilities, where such
use is scheduled or authorized by City, is in compliance with CVCS's policies regarding
use of Gym and/or CVCS facilities.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 3 OF 10
D. General obligations of CVCS regarding Gym.
1. Stop use. Any duly authorized agent or employee of CVCS may stop scheduled use of
Gym and/or CVCS facilities, including play in progress, at any time where such action is
warranted due to floor or other conditions or coach, player, or spectator conduct.
2. General facility maintenance. Except as expressly provided in this Agreement, CVCS
shall be solely responsible at all times for any and all necessary general maintenance
and/or repairs to CVCS, including, but not limited to, structural, electrical, mechanical,
plumbing, flooring, cosmetic, and roofing maintenance and repairs, including as such
may or does relate to the Gym and its fixtures, including the six (6) basketball hoops and
motors.
3. Notification of Gym closure. CVCS shall provide thirty (30) days notice to City when
the Gym will be closed for routine or scheduled maintenance or repair, except that this
provision shall not apply to emergency maintenance or repairs necessary to preserve the
health or safety of Gym users.
4. Utilities. CVCS shall provide all necessary utilities and services to CVCS and Gym,
including, but not limited to, electricity, restrooms, water, sewer, and/or waste removal.
5. Replacement of motors. Where any basketball hoop motor or curtain motor in Gym
requires replacement, CVCS shall be responsible for purchasing the new motor. City
shall install the new motor at the next scheduled maintenance session, or, if CVCS
requires that the motor be installed prior to the next scheduled City maintenance session,
CVCS may request that City make an as -needed repair call as set forth herein, or CVCS
shall be responsible for all costs related to installation of the new motor.
M. JOINT USE OF FIELDS.
A. General rights of CVCS regarding Fields.
1. Priority use of Fields. As established by the Official CVCS Baseball/Softball Schedule,
CVCS shall be entitled to exclusive use of Mo Brooks Field and Heritage Middle School
Field #2 for all CVCS Baseball/Softball practices and/or camps, as scheduled in
accordance with the schedule(s) provided to CVCS according to this Agreement, for the
purposes set forth in such schedule and under the terms set forth in this Agreement,
which use shall preclude non-CVCS uses of the designated field.
2. Collection of fees. CVCS shall have right to assess and collect reasonable fees for
participation from members of the CVCS Baseball/Softball team. CVCS shall not collect
any admission fee for access to Fields facilities. Except as otherwise agreed in writing,
City shall not be entitled to any fee assessed and/or collected by CVCS.
3. Equipment storage. During the Baseball/Softball season, CVCS may use the storage
area in the third base dugout of Mo Brooks Field and the City's locker at Heritage Middle
School Field # 2 to store equipment. CVCS shall be responsible for locking the storage
area at Mo Brooks Field with a combination lock, and communicating the combination to
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 4 OF 10
City Contact. City shall be responsible for providing CVCS with a key to the storage
area at Heritage Middle School. Any and all risk of theft or damage to equipment stored
at Fields shall be borne by CVCS.
4. Shelters. CVCS Contact may reserve, without payment of a shelter reservation fee, one
(1) shelter at any park, two (2) times per Agreement term. All other Park and shelter use
policies and fees shall apply. Only CVCS Contact is authorized to make a reservation
under this Agreement; this authority shall not be transferable to any other individual.
B. General rights of City regarding Fields.
1. Stop play. Any duly authorized agent or employee of City may stop ongoing or
scheduled use of Fields and/or Fields facilities, including play in progress, at any time
where such action is warranted due to weather, turf, or other conditions, or coach, player,
or spectator conduct.
2. Field location. Any duly authorized agent or employee of City may require that CVCS
utilize or not utilize a particular field or fields due to weather conditions and/or turf
quality.
3. Field improvements. Upon thirty (30) days notice to CVCS, City shall have the right to
make alterations to the Baseball/Softball fields and/or to construct or locate fences,
fixtures, structures, and/or any other improvements in or upon Fields or Fields facilities,
infrastructure, and vegetation, except that City may undertake alterations, construction, or
improvements to or in Fields on an emergency or immediate basis without notice to
CVCS where such action is necessary to protect the health, safety, and/or welfare of the
public, or where such alterations, construction, or improvements will not unreasonably
affect CVCS's use of Park or Park amenities or facilities as set forth in this Agreement.
4. Public park. The parties hereto expressly acknowledge that Fields are public spaces, the
management and scheduling of which shall at all times be within the sole purview of
City. City shall have the right to use or allow the use of Fields for any and all purposes
and under any and all conditions, so long as such use does not conflict or interfere with a
scheduled use set forth in the Official CVCS Baseball/Softball.
5. Collection of fees. In accordance with its policies, City shall have right to assess and
collect reasonable user fees from persons who use Fields; however, the amount of such
user fees shall not exceed costs and expenses actually incurred. CVCS shall not be
entitled to any Fields user fee assessed and/or collected by City.
6. Public reservation of Fields amenities, January 16. The parties acknowledge that on
January 16 of each year, City shall make available to the public the opportunity to reserve
unscheduled and/or unreserved times at Fields. As a condition of CVCS's priority use of
Fields as such use is described and/or permitted herein, CVCS shall adhere strictly to the
scheduling requirements set forth herein.
C. General obligations of CVCS regarding Fields.
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1. Establishment of Official CVCS Baseball/Softball Schedule. On or before January 15,
CVCS shall provide written notice to City as provided herein of its proposed
Baseball/Softball practice and game schedule, which shall include proposed dates, times,
locations (i.e. fields to be used), and duration of each and every practice session and
game. The proposed schedule shall also delineate the dates, times, locations, and
duration of field preparation activities to be undertaken by CVCS prior to any and all
practice sessions and games. By January 31, City shall either provide written notice to
CVCS of the City's acceptance of same or shall notify the CVCS Contact of any
necessary amendments. Upon City Contact's communication of City's written
acceptance of CVCS's proposed schedule, the proposed schedule shall be known as the
"Official CVCS Baseball/Softball Schedule." Once established, the Official CVCS
Baseball/Softball Schedule may be amended only upon communication between the
CVCS Contact and the City Contact. CVCS shall not be guaranteed priority use of the
fields at Park if the Official CVCS Baseball/Softball Schedule is amended after its
establishment.
2. Reasonable use. CVCS shall employ best efforts to ensure that its use of Fields and
Fields facilities, amenities, infrastructure, and/or vegetation is appropriate and
reasonable. Where CVCS's use of Fields and Fields facilities, infrastructure, and/or
vegetation causes disproportionately excessive damage to same, CVCS shall reimburse
City for the cost or proportionate cost of necessary repairs and/or replacement. CVCS
shall exercise best efforts to see that any and all use of Fields, where such use is
scheduled or authorized by CVCS, is in compliance with all laws and with City's policies
regarding use of City parks and/or facilities, including, but not limited to, such reasonable
policies as may be adopted or enacted by the Director of the Meridian Parks and
Recreation Department.
3. Field marking. CVCS shall accomplish any and all field striping and/or marking that is
required for its practice sessions and/or games. CVCS shall ensure that such striping
and/or marking does not cause excessive damage to the turf.
4. Equipment. CVCS shall be solely responsible for providing, maintaining, preparing,
repairing, and/or replacing any and all necessary equipment for any and all CVCS
activities at Fields. Any and all known and unknown risks and costs related to or arising
from the use or storage of CVCS's equipment, including, but not limited to, loss or theft
of, damage to, and damage or injury caused by such equipment, shall be borne solely by
CVCS.
5. Banners. CVCS shall be responsible for removing from Fields any banners or notices
posted by CVCS.
6. No right to exclude conveyed. Any exclusive use granted to CVCS by this Agreement
shall include neither the right to exclude any law-abiding person from Fields where such
person is not interfering with CVCS's use thereof, nor the right to interfere with any
person's concurrent, lawful use of the parks in which Fields are located where such
concurrent use does not conflict or interfere with CVCS's use. At all times not set forth
in the Official CVCS Baseball/Softball Schedule, or as such activities are rescheduled in
AGREEMENT wrrH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 6 OF 10
accordance with this Agreement, CVCS shall be on an equal footing with the general
public regarding its use of Fields, which shall include, but shall not be limited to,
reservation requirements, priority of reservation of Fields, and payment of reservation
and other applicable fees. CVCS shall exercise any exclusive use granted by this
Agreement only in accordance with the terms of this Agreement and in accordance with
any and all applicable laws and City policies.
D. General obligations of City regarding Fields.
1. Mowing and irrigation. Except as otherwise set forth herein, City shall provide all turf
maintenance at Fields. This shall include, but is not limited to, any and all necessary
mowing, irrigation, re -seeding, sod laying, weed or pest control, and/or fertilizing.
2. Utilities. City shall provide all necessary utilities and services to Fields, including, but
not limited to, electricity, potable water, sewage service, and/or waste and refuse
removal.
3. Repair. Except as otherwise set forth herein, City shall cause the repair and/or
replacement of any and all Feilds facilities, infrastructure, and/or vegetation that are
physically damaged by use, misuse, vandalism, acts of nature, weather, or other damage
or normal wear and tear.
4. Scheduling. City shall be solely responsible for scheduling all use of Fields and Fields
facilities and amenities.
IV. GENERAL PROVISIONS.
A. Day-to-day communications. Communication between CVCS and City regarding day-to-
day matters (e.g., issues related to use, scheduling, and maintenance of Fields) shall occur via
e-mail, facsimile, or telephone. City shall provide CVCS the name, e-mail address, and
telephone number of specific City personnel ("City Contact") who shall serve as the liaison
between City and CVCS for all matters regarding the day-to-day scheduling, use, and
maintenance of Fields and Gym. CVCS shall provide City the name, e-mail address, and
telephone number of specific CVCS personnel ("CVCS Contact") who shall serve as the
liaison between CVCS and City for all matters regarding the day-to-day scheduling, use, and
maintenance of Fields and Gym.
B. All other notice. All other notices required to be given by either of the parties hereto shall
be in writing and be deemed communicated when sent via electronic mail ("e-mail'),
personally served, or mailed via United States mail, to the following personnel and address:
Steve Siddoway Matt Beglinger
Parks and Recreation Dept. Director Athletic/Facilities Director
City of Meridian Cole Valley Christian School
33 E. Idaho Avenue 200 E. Carlton Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
ssiddoway@meridiancity.org mbeglinger@cvcsonline.org
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 7 OF 10
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
C. Seasonal review. The CVCS Contact and the City Contact shall meet annually to review the
season, address any problems which may have arisen, and discuss improvements regarding
the parties' joint use of Gym and Fields.
D. Conflict Resolution. If either party believes that the other party is not fulfilling its
obligations as established by this Agreement, the complaining party shall give written notice
of its complaint to the other party. The party receiving the complaint shall, within fifteen
(15) calendar days, correct the situation and confirm the correction in writing, or reject the
complaint, explaining the mitigating circumstances and why a remedy cannot be achieved.
E. Assignment. City shall not assign or sublet all or any portion of City's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the
prior written consent of CVCS. CVCS shall not assign or sublet all or any portion of
CVCS's interest in this Agreement or any privilege or right hereunder, either voluntarily or
involuntarily, without the prior written consent of City. This Agreement and each and all of
the terms and conditions hereof shall apply to and are binding upon the respective
organizations, legal representative, successors, and assigns of the parties.
F. No agency. Neither CVCS nor its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees shall be considered agents of City in any manner or for any
purpose whatsoever in their use and occupancy of Fields.
G. Indemnification. CVCS and each and all of its employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, and all participants in CVCS programming, shall
indemnify and save and hold harmless City from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or property and losses and expenses caused or
incurred by CVCS or any CVCS employee, agent, contractor, official, officer, servant, guest,
and/or invitee, or any participant in or observer of CVCS programming, at or in its use of
Fields or any lack of maintenance or repair thereon and not caused by or arising out of the
tortious conduct of City. CVCS shall maintain, and specifically agrees that it will maintain,
throughout the term of this Agreement, liability insurance in the minimum amount as
specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The
limits of insurance shall not be deemed a limitation of the covenants to indemnify and save
and hold harmless City; and if City becomes liable for an amount in excess of the insurance
limits herein provided due to the actions or omissions of CVCS or any CVCS employee,
agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or
observer of CVCS programming, CVCS covenants and agrees to indemnify and save and
hold harmless City from and for all such losses, claims, actions, or judgments for damages or
liability to persons or property. City makes no warranty or promise as to the condition,
safety, usefulness, or habitability of the premises; CVCS accepts Fields for use as is, both at
the Effective Date of this Agreement and for each practice session, game, and/or game day.
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 8 OF 10
H. Compliance with Laws. In performing the scope of services required hereunder, City and
CVCS shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
I. Attorney Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Term of Agreement. This Agreement shall become effective as of the Effective Date upon
execution by both parties, and shall expire one (1) year from the Effective Date unless earlier
terminated or extended in the manner as set forth in this Agreement. If the parties to this
Agreement fail to mutually extend this Agreement, and neither has terminated the
Agreement, the term of this Agreement, or such other terms as the parties have agreed upon
in writing, shall be renewed automatically for one-year periods thereafter unless terminated
by either party in the manner provided in this Agreement.
K. Grounds for termination. Grounds for termination of this Agreement shall include, but
shall not be limited to:
1. An act or omission by either party which breaches any term of this Agreement.
2. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party.
3. A change in circumstances that renders the performance by either party a detriment to the
public health, safety, or welfare.
4. A decision by either party that termination will serve its best interests.
L. Termination process. Either party may terminate this Agreement by providing seven (7)
days advance written notice of intention to terminate. Such written notice shall include a
description of the breach or circumstances providing grounds for termination. A seven (7)
day cure period shall commence upon mailing of the notice of intention to terminate. If,
upon the expiration of such cure period, cure of the breach or circumstances providing
grounds for termination has not occurred, this Agreement may be terminated upon provision
of written notice of termination.
M. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
N. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
AGREEMENT wrrH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 9 OF 10
O. Non -waiver. Failure of either party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
P. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
Q. Approval required. This Agreement shall not become effective or binding until approved
by the respective governing bodies of both City and CVCS. The parties signatory hereto
represent and warrant that each is duly authorized to bind, respectively, City and CVCS to
this Agreement in all respects.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
COLE VALLEY CHRISTIAN SCHOOL:
G000RATS
Brad Carr �� cG
Superintendent
CITY OF MERIDIAN•
Tammy de e
Mayor
Attest: ,
City Clerk
AGREEMENT WITH COLE VALLEY CHRISTIAN SCHOOL FOR JOINT USE OF FACILITIES PAGE 10 OF 10