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HomeMy WebLinkAbout2007/11/06 Item 8 CITY COUNCIL AGENDA STATEMENT November 6, 2007 ItemL SUBMITTED BY: Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Calvary Christian Academy for the Academy's use of Cottonwood Park for school activities during the time and days school is in session DIRECTOR OF RECREATlO@ DIRECTOR OF PUBLIC W~. D0 CITY MANAGER ASSISTANT CITY M ~ R "7f ITEM TITLE: REVIEWED BY: . 4/5THS VOTE: YES NO X BACKGROUND Calvary Christian Academy has requested use of Cottonwood Park to hold some of its physical education classes and sports practices during the current school year. In turn, the City has requested use of the Academy's parking lot as overflow parking from the Park during non-school hours. Both the Academy and the City have informally used each other's facilities for the last two years, and desire to now formalize this "unwritten agreement", per the proposed Memorandum of Understanding (MOU), attached as Attachment "A". ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because approval of the agreement does not constitute a change in lan4 use from the existing land uses; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Calvary Christian Academy for the Academy's use of Cottonwood Park during the current school year. 8-1 November 6, 2007, ItemL Page 2 00 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION . Calvary Christian Academy (Academy) is a private K-12 school located adjacent to Cottonwood Park on East Palomar Street. Its current emollment is 400 students. Cottonwood Park (Park) is a 6.6-acre neighborhood park that contains a multi-purpose field, softball field, full basketball court, tot lots, picnic tables and shelters, restrooms, and open green space. The Academy has limited play areas for its students and has formally requested use of the two fields and basketball court in the Park for its physical education classes and sports team practices. The Academy is accessible by vehicular traffic only through the entrance and parking lot of Cottonwood Park Apparently realizing the size limitations of the Academy site, when the City's Design Review Committee approved the Academy project in 2002, it placed a condition on the project, stating that "Any use of the adjacent park shall be approved in advance by the Recreation Director, and no approval shall be inferred by the school. " It should be noted that the Park's parking lot is also limited in size, and cannot accommodate the number of park users on weekday evenings and weekends. The Park is used by the neighboring community, picnic shelter renters, and Youth Sports Council (YSC) teams. The Academy has provided public access to its parking lot on weekends and weekday evenings to accommodate the overflow. The Recreation Director, working with the Public Works Director, informally approved the Academy's use of the fields and basketball court during the previous two school years and have been satisfied that the use has not significantly contributed to wear and tear on the fields nor impacted public access or use by the YSC teams. Given that the Academy is seeking to expand its campus and add additional high school students, it is appropriate to have a more formal agreement with the Academy in place, for Council consideration, that considers only the current school size and emollment, and is valid for only the current school year. Staff recommends that any subsequent agreements with the Academy for Park use be considered year to year, and only for the current size and emollment. Selected terms of the agreement are as follows: · Traditional physical education activities by the Academy, such as calisthenics and running, are approved. Any Academy afterschool activity, other than traditional sports of softball, flag football, soccer and basketball is prohibited. Baseball use is not approved. · The Academy is granted use of the Park during the daytime Monday through Friday during the traditional school year only. · The Academy will provide sufficient staffing and on-site supervision of its students during its Park use. · The Academy will provide Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $1,000,000, and 8-2 o November 6, 2007, Item~ Page 3 00 Commercial General Liability and Auto Liability Insurance in the amolUlt of $1,000,000 "per occurrence," combined single limit, naming the City as an Additional Insured. . The Academy is prohibited from using the tot lot for any school-related purpose. . The Academy may be asked to rotate activity locations on the fields if turf conditions deteriorate and conditions warrant reducing use to minimize further damage. The Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. . The Academy's K-6th, 7th-8th, and 9th-12th grades may use the multi-purpose field, softball field, and basketball court, as needed, for a maximum number of students at anyone time, for physical education classes during selected hours of the school day. . The Academy's 5th and 6th grade, 7th and 8th grade, and 9th through 12th grade teams may use the multi -purpose field, softball field, and basketball court, as needed, for practices only, for a maximum number of students at anyone time for afterschool sports teams in the afternoon for selected times, ending at 4:00 p.m. . The City is granted access to the Academy's parking lot Monday through Friday from 4:00 p.m. IUltil dark, and on Saturdays from 8:00 a.m. to dark for use by the public. . To address a concern raised by the public, language has been added to the agreement stating that the Parks Maintenance Division of Public Works will regularly survey the fields and court for IUlUSUal or excessive wear and tear or damage. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City COlUlcil and has fOlUld no property holdings within 500 feet of the bOlUldaries of the properties that are the subject of this action. FISCAL IMPACT City and Academy have agreed that the reciprocal uses agreed to by the parties, Park use by the Academy and Academy parking lot use by the City, are mutually beneficial and have been determined to be of equal value. Based on this determination, the parties have agreed that no additional compensation will be paid by either party for approved uses. There should be no impact to the General FlUld. ATTACHMENTS Attachment "A" - Agreement between Calvary Christian Academy and City of Chula Vista Prepared by: Shauna Stokes, Assistant Director, Recreation Department 8-3 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CALVARY CHRISTIAN ACADEMY FOR THE ACADEMY'S USE OF COTTONWOOD PARK FOR SCHOOL ACTMTIES DURING THE TIME AND DAYS SCHOOL IS IN SESSION WHEREAS, Calvary Christian Academy (Academy) is a private K-12 school located adjacent to Cottonwood Park on East Palomar Street; and WHEREAS, Cottonwood Park (Park) is a 6.6-acre neighborhood park that contains a multi-purpose field, softball field, full basketball court, tot lots, picnic tables and shelters, restrooms, and open green space; and WHEREAS, Academy has limited play areas for its students and has formally requested use of the two fields and basketball court in the Park for its physical education classes and sports team practices during the current school year; and WHEREAS, in turn, the City has requested use of the Academy's parking lot for overflow parking from Park users during non-school hours as the City parking lot is limited in size, and cannot accommodate the number of park users on weekday evenings and weekends; and WHEREAS, both the Academy and the City have informally used each other's facilities for the last two years, and desire to now formalize this "unwritten agreement," per the proposed Memorandum of Understanding, attached as Attachment "A;" and WHEREAS, the Recreation Director, working with the Public Works Director, informally approved the Academy's use of the fields and basketball court during the previous two school years and have been satisfied the use has not significantly contributed to wear and tear on the fields nor impacted public access or use by the Youth Sports Council teams; and WHEREAS, given that the Academy is seeking to expand its campus and add additional high school students, it is appropriate to have a more formal agreement with the Academy in place; and WHEREAS, staff recommends any subsequent agreements with the Academy for Park use be considered on a year-to-year basis, and use be limited to the Academy's current size and enrollment. J:\Attomey\RESO\MOU\Calvary Christian - Cottonwood Park_lO-23-~7~7f Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Calvary Christian Academy for the Academy's use of Cottonwood Park for school activities during the time and days school is in session between August 27, 2007, and June 13,2008. Presented by Approved as to form by Buck Martin Director of Recreation ~~~.J\ \'\:.~G t\ Ann Moore City Attorney 8-5 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~)[~~~\,\ Ann Moore City Attorney Dated: t:\\:t \ 2.) 'Z..(JO'l Memorandum of Understanding Between The City of Chula Vista And Calvary Christian Academy 8-6 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CALVARY CHRISTIAN ACADEMY THIS AGREEMENT, dated , and effective as of the date last executed, is by and between the City of Chula Vista, a municipal corporation, and Calvary Christian Academy for the Academy's use of Cottonwood Park for school activities during the time and days school is in session between August 27,2007, and June 13, 2008. RECITALS WHEREAS, Chula Vista has developed park property at 1778 East Palomar Street. This park is known as Cottonwood Park. WHEREAS, Cottonwood Park has fully developed playing fields and basketball courts that are primarily used for child and adult league team practices and games outside of normal school hours. WHEREAS, Calvary Christian Academy is adjacent to Cottonwood Park and has inadequate facilities for the physical education needs of its students and has previously used Cottonwood Park facilities for some of its physical education activities during the school years (2005-06 through 2007-08 to date). WHEREAS, the City now desires to formalize the previously unwritten agreement for use of Cottonwood Park facilities by Academy. WHEREAS, the City has requested use of Calvary Christian Academy parking facilities for overflow parking from Cottonwood Park during hours the parking lot is not being used by Calvary Christian Academy. WHEREAS, staff has conducted an analysis of the costs to the City for leasing additional parking space for overflow parking from Cottonwood Park and the cost to Calvary Christian Academy for leasing additional physical education facilities and determined that the costs are of equal value. WHEREAS, the joint use agreement is mutually beneficial to the City and Calvary Christian Academy and does not adversely impact the use of Cottonwood Park by the public. Page 1 Revised: 10/10/2007, at 2:17 PM. 8-7 OBLIGATORY PROVISIONS PAGES NOW THEREFORE, BE IT RESOLVED, THAT THE CITY OF CHULA VISTA ("City") AND CALVARY CHRISTIAN ACADEMY ("Academy") DO MUTUALLY AGREE AS FOLLOWS: - 1. Academy Use Provisions Academy shall have use of Cottonwood Park ("Park") facilities for the hours and purposes set forth in Exhibit A. No other uses of Park by Academy are permitted unless approved in writing prior to the commencement of the special use. A. Fields (1). All field maintenance will be performed by City crews. Academy is prohibited from performing field maintenance or altering the fields in any manner. Alterations include, but are not limited to, marking fields, the use of chalk, paint or herbicides, installing bases, home plates or a pitching plate, adding any agent to soil for the purpose of drying the fields after wet weather. (2). The City will not provide any storage facilities for Academy's use. All Academy equipment must be removed by Academy at the end of each approved use period. Any equipment remaining on any Park facility may be removed by City staff. City is not responsible for any material or equipment left on Park facilities after approved Academy use periods have ended. (3). No electric service is provided in the Park. (4). Metal cleats and other similar equipment that may damage fields or equipment are prohibited. B. Miscellaneous (1). Any traditional Physical Education activity, including, but not limited to, calisthenics, stretching, and running, is approved. Any Afterschool activity, other than traditional sports of softball, flag football, soccer and basketball is prohibited. (2). No weekend use (Saturday and Sunday) or holiday use will be allowed. Use is restricted to Monday through Friday. Academy shall be granted use of the Park during the traditional school year only. (3). Wednesdays from 7:30 a.m. until 12:00 p.m. are scheduled park maintenance days. No field use will be allowed during this time. Page 2 Revised: 10/10/2007, at 2:17 PM. 8-8 (4). Academy has restroom facilities on-site and shall primarily use its facilities. Park restrooms may be used by students on a limited time basis when necessary. Academy shall ensure restrooms are left in as clean a manner as found at the start of Academy use. Academy shall advise City staff of any problems or deficiencies in Park restrooms. (5). Academy may have access to the school from the Park parking lot Monday through Friday during school hours, when school is in session. Academy and City will have access to the Park and Academy's parking lot from the unlocked pedestrian gate at the fence separating the Park from the Academy's parking lot. (6). During all times that Academy has use of any Park facility, Academy shall provide sufficient staffing and competent on-site supervision of all student activities. (7). City reserves the right to use of Park for special events. Should City require use of the Park during hours designated for Academy use pursuant to this Agreement, City will provide Academy with two weeks advance written notice and meet and confer with Academy to ensure, to the extent possible, minimal impact to Academy's programs. (8) Academy reserves the right to use of Academy's parking lot for special events or organized activities requiring the use of the church parking lot. Should Academy require use of the Academy's parking lot during hours designated for City use pursuant to this Agreement, Academy will provide City with two weeks advance written notice and meet and confer with City to ensure, to the extent possible, minimal impact to City's programs. 2. City Use Provisions City shall have use of Academy's parking lot for the hours and purposes set forth in Exhibit A. No other uses of Academy's parking lot by City are permitted unless approved in writing prior to the commencement of the special use. 3. Insurance Academy represents that it and its agents, staff and students are protected Figainst the risk of loss by the following insurance coverages, in the following categories, /:ind to the limits specified, policies of which are issued by Insurance Companies that Page 3 'Revised: 10/10/2007, at 2:17 PM. 8-9 have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $1 ,000,000 - Commercial General Liability and Auto Liability Insurance in the amount of $1,000,000 "per occurrence," combined single limit, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). 4. Proof of Insurance Coverage. A. Certificates of Insurance. Academy shall demonstrate proof of coverage required by this Agreement, prior to the commencement of activities approved under this Agreement, by delivery of Certificates of Insurance demonstrating required insurance, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. B. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Academy's Commercial General Liability Insurance Policy, Academy shall deliver a Liability Additional Insured Endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 5. Compensation A. City and Academy agree that the reciprocal uses agreed to by the parties are mutually beneficial and have been determined to be of equal value. Based on this determination, the parties agree that no additional compensation will be paid by either party for approved uses. 6. Administration of Contract Each party designates the following individual ("Contract Administrators") as said party's contract administrator who is authorized by the party to represent them in the routine administration of this Agreement: City: Dave Byers, Director Public Works Operations 1800 Maxwell Road Page 4 Revised: 10/10/2007, at 2:17 PM. 8-10 ___n__ --------~--_._--_.- Chula Vista, CA 91911 Tel: (619) 397-6000 Academy: Bill South, Assistant Pastor Calvary Christian Academy 1771 East Palomar Street Chula Vista, CA 91913 Tel: (619) 421-1100 7. Hold Harmless Academy shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Academy, and Academy's employees, subcontractors or other persons, agencies or firms for whom Academy is legally responsible in connection with the execution of the uses covered by this Agreement. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Academy, its employees, agents or officers, or any third party. Excepted from Academy's duty to defend, indemnify, protect and hold harmless the City are for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Academy's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the claims proceed to judgment or not. Academy's obligations under this Section shall not be limited by any prior or subsequent declaration by the Academy. Academy's obligations under this Section shall survive the termination of this Agreement. City will have the Youth Sports Council teams who may use Academy's parking lot, per the City's use, add the Academy as an "Additional Insured" as part of their City insurance requirements. 8. Termination of Agreement for Cause If, through any cause, Academy fails to fulfill in a timely and proper manner Academy's obligations under this Agreement, or if Academy violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving written notice to Academy of such termination and specifying the effective date of the termination at least five (5) business days before the Page 5 Revised: 10/10/2007, at 2:17 PM. 8-11 termination date. If the Academy cures the breach within the five (5) day period, the City may rescind the notice of termination. 9. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Academy of the termination and specifying the effective date of the termination, at least thirty (30) days before the termination date. Academy expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in the Agreement. 10. Assignability Academy shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 11. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if fully set forth in this Agreement, and such policies and procedures used by the City in the implementation of the provisions of the Chula Vista Municipal Code. Upon request by City, Academy shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 12. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 13. Miscellaneous A. Academy not authorized to Represent City Unless specifically authorized in writing by City, Academy shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Notices Page 6 Revised: 10/10/2007, at 2:17 PM. 8-12 All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. Page 7 Revised: 10/10/2007, at 2:17 PM. 8-13 C. Entire Agreement This Agreement, together with any other written document referred to or contemplated by this Agreement, embody the entire Agreement and understanding between the parties relating to the subject matter d this Agreement. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close to Chula Vista as possible. Venue for this Agreement, and performance under the Agreement, shall be the City of Chula Vista. 14. Term. This Agreement shall be in effect from August 27,2007, through June 13, 2008. [End of page. Next page is signature page.] Page 8 Revised: 10/10/2007, at 2:17 PM. 8-14 Signature Page to Agreement between City of Chula Vista and Calvary Christian Academy for the Academy's use of Cottonwood Park for school activities during the time and days school is in session between August 27,2007, and June 13, 2008 IN WITNESS WHEREOF, City and Academy have executed this Agreement thereby indicating that they have read and understood the Agreement, and indicate their full and complete consent to its terms: Dated: ,200_ City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Calvary Christian Academy BY:W~ Wes Anderson, Associate Pastor By' Page 9 Revised: 10/10/2007, at 2:22 PM. 8-15 EXHIBIT A TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CALVARY CHRISTIAN ACADEMY 1 . City-Approved Activities by Academy The City grants to Academy the right to limited use of the Park for specifically designated uses, during specific hours. This limited use Agreement is based on Academy's current enrollment of 400 students Pre-school to 12th grade. Should Academy's enrollment increase, the terms of this agreement will remain unchanged. Academy is prohibited from using the tot lot for any school-related purpose at any time. Academy use is limited to the following times and purposes: During all times that Academy has use of any Park facility, Academy shall provide sufficient staffing and competent on-site supervision of all student activities. A. Physical Education - Monday through Friday (1). Elementary School - Kindergarten through 6th grades a. Academy may use the multi-purpose field, softball field, and basketball court, as needed, for a maximum of 50 students at anyone time, with no more than 25 students in one activity area. This use is approved for the following hours: - 9:00-9:30 a.m. - 2nd grade - 11 :00-11 :30 a.m. - Kindergarten, 1 st, 3rd, and 4th grades - 1 :00 - 1 :40 p.m. - 5th and 6th grades b. Academy may be asked to rotate activity locations on the fields if turf conditions deteriorate and conditions warrant reducing use to minimize further damage. Fields may be closed during and after inclement weather. No field modifications of any kind will be permitted. Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. (2). Junior High School- 7th and 8th grades Page 1 Revised: 10/10/2007, at 3:49 PM 8-16 a. Academy may use the multi-purpose field, softball field, and basketball court, as needed, for a maximum of 100 students at anyone time, with no -more than 30 students in one activity area. This use IS approved for the hours of 12:30 p.m. to 1 :00 p.m. b. Academy may be asked to rotate activity locations on the fields if turf conditions deteriorate and conditions warrant reducing use to minimize further damage. Fields may be closed during and after inclement weather. No field modifications of any kind will be permitted. Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. (3). High School- 9th through 12th grades a. Academy may use the multi-purpose field, softball field, and basketball court, as needed, for a maximum of 75 students at anyone time. This use is approved for the hours of 2:25 p.m. to 4:00 p.m. All courts are open to the public for general use starting at 4:00 p.m. b. Academy may be asked to rotate activity locations on the fields if turf conditions deteriorate and conditions warrant reducing use to minimize further damage. Fields may be closed during and after inclement weather. No field modifications of any kind will be penmitted. Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. B. Afterschool Use - Monday through Friday Elementary School - 5th and 6th grade teams Junior High School - 7th and 8th grade teams High School- 9th through 12th grade teams (Varsity) (1). Fall Sports a. Fall Flag Football - 5th and 6th and 7th and 8th grade teams: Academy may use the multi-purpose field for practices only, for a maximum of 36 students at anyone time. This use is approved for the hours of 3:00 p.m. to 4:00 p.m. The City has use of the field beginning at 4:00 p.m. Page 2 Revised: 10/10/2007, at 3:49 PM 8-17 b. Academy may be asked to rotate activity locations on the field if turf conditions deteriorate and conditions warrant, reducing use to minimize further damage. Field may be closed during and after. inclement weather. No field modifications of any kind wfll be permitted. Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. (2). Winter Sports a. Basketball - Boys and Girls Varsity teams: Academy may use the basketball courts for practices only, for a maximum of 22 students. This use is approved for the hours of 2:25 p.m. to 4:00 p.m. All courts are open to the public for general use starting at 4:00 p.m. b. Soccer - 5th and 6th grade teams, 7th and 8th grade teams, and Boys and Girls Varsity teams: Academy may use the multi-purpose field for practices only, for a maximum of 36 students at anyone time. This use is approved for the hours of 2:25 p.m. to 4:00 p.m. The City has use of the field beginning at 4:00 p.m. c. Academy may be asked to rotate activity locations on the field if turf conditions deteriorate and conditions warrant reducing use to minimize further damage. Field may be closed during and after inclement weather. No field modifications of any kind will be permitted. Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. (3). Spring Sports a. Basketball - 5th and 6th and 7th and 8th grade teams: Academy may use the basketball courts for practices only, for a maximum of 60 students. This use is approved for the hours of 2:25 p.m. to 4:00 p.m. All courts are open to the public for general use starting at 4:00 p.m. b. Softball - Girls Varsity team: Academy may use the softball field for practices only, for a maximum of 15 students. This use is approved for the hours of 2:25 p.m. to 4:00 p.m. The City has use of th~ field beginning at 4:00 p.m. c. Academy may be asked to rotate activity locations on the field if turf conditions deteriorate and conditions warrant Page 3 Revised: 10/10/2007, at 3:49 PM 8-18 reducing use to minimize further damage. Field may be closed during and after inclement weather. No field modifications of any kind will be permitted. Academy may be asked to make schedule adjustments if the turf shows signs of wear and tear. . d. Baseball: This use is not approved. 2. Academy-Approved Activities by City The City is granted access to the Academy's parking lot Monday through Friday from 4:00 p.m. until dark, and on Saturdays from 8:00 a.m. to dark for use by the public. Academy will lock and unlock gates for public use during approved hours. Gates will be locked at all other times. Page 4 Revised: 10/10/2007, at 3:49 PM 8-19