City Council Study Session Agenda and Packet 2015 02 04 JT BVSD

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February 4, 2015 | page B‐7 rata share of maintenance and equipment expenses incurred by the School District as a result of City Use and which are over and above the routine maintenance level for the subject facility. 7.3 The City agrees to use the facilities for recreational purposes only and to permit no activities on the facilities prohibited by the laws of the United States, the State of Colorado, or the Ordinances of the City of Louisville, Colorado, now in force or thereafter enacted. The School District has the right to exclude certain recreational activities in consultation with the City. The City agrees to follow all School District procedures for use to prevent damage. The City agrees to enforce all School District policies regarding the use of tobacco, alcohol, and drugs on school property. 7.4 The City agrees not to assign this Agreement or any interest therein without the written consent of the School District. 7.5 The City agrees during its use to keep the facilities free from all litter, dirt, debris, obstructions, and dangerous conditions. 7.6 The City agrees to only use school equipment as specifically designated in writing by the subject facility’s principal. Any improvements or fixtures to be attached within the facilities must be first approved in writing by the appropriate School District official including installation procedures and/or construction methods of such approved improvements. Any such improvements will be done at the City’s expense and are subject to 8.3 below. All City owned equipment must be stored after each scheduled use, unless arranged in advance between the subject facility’s principal and the City. 7.7 The City agrees during its usage to neither permit nor suffer any disorderly conduct, noise or nuisance, whatsoever about the facilities or the school site having a tendency to annoy or disturb any persons occupying adjacent premises. 7.8 The City agrees that no assent, expressed or implied, to any breach of anyone or more of the covenants and agreements hereof, shall be deemed or taken to be a waiver of any succeeding or other breach. 7.9 Motor vehicle parking shall be permitted in adjacent parking lots of each the School District’s subject facilities during City Use hours on a space available basis. Section 8 - Termination of Agreement Prior to End of Term 8.1 The School District may terminate this Agreement upon a breach by the City of any covenants or agreements contained herein if the City shall fail to correct said breach within sixty (60) days of the receipt of written notice of the breach. Should this Agreement be terminated by the School District under this Section, it shall within sixty (60) days of such termination refund to the City on a per-diem, pro-rata basis all of the unused portion of the annual amortization amount, under Section 1.1 to be credited to the City during the year of termination, and shall make additional refunds to the City on an annual basis thereafter until the amortized amount is fully paid off giving credit for prior years of 14