Common use of Usage Generally Clause in Contracts

Usage Generally. The District hereby grants to the Swim Team a license to use the Aquatic Facilities for practices and meets in accordance with the schedules attached hereto as Exhibit A, as coordinated between the District’s representative and the Swim Team representative, and with the guidelines provided in Exhibit B, both of which are incorporated herein by this reference (“License”). The License to use the Aquatic Facilities is limited to the hours provided in such schedules. In consideration of said use of the Aquatic Facilities, School Board and Swim Team agree to the following conditions: i. Access to the Aquatic Facilities is limited to the competition pool, the pool decks, parking lot serving the Aquatic Facilities and designated restrooms in case of emergencies. No other use of, or access to, the District’s recreational facilities is permitted. ii. The District hereby designates the District Manager or his or her designee as the District’s representative. iii. Swim Team’s use of Aquatic Facilities shall be in conjunction with the use of the Aquatic Facilities by other members of the public and by other swim teams, if any, and the Swim Team use shall not interfere with the operation of the Aquatic Facilities as a public improvement. iv. All use of the Aquatic Facilities shall be subject to the policies and regulations of the District, including but not limited to the Rolling Hills Facilities and Amenity Policies, the Guidelines for the Swim Team Usage and Guidelines for Swim Team Meets, which are incorporated herein and attached as Exhibit B. v. The District shall have the right to take such actions as are necessary to preserve the health, safety and welfare of its residents, landowners, lands and facilities. vi. Persons identified as Coaches by the Swim Team, and any such Coach’s minor children, may participate on the Swim Team and make use of the Aquatic Facilities during Swim Team practices and meets, regardless of the Coach’s status as a paid user of the facilities, subject to the terms and conditions of this Agreement. vii. The Swim Team shall (i) provide one (1) time payment of three hundred dollars and zero cents ($300.00) to the District. If requested by the District, Swim Team shall (ii) provide a minimum of five volunteers for one resident event as arranged by the District; and (iii) provide at least ten (10) volunteer hours each week during the term of this Agreement (which may include resident events referenced above).

Usage Generally. The District hereby grants to the Swim Team a license to use the Aquatic Facilities for practices and meets in accordance with the schedules attached hereto as Exhibit A, as coordinated between the District’s representative and the Swim Team representative, and with the guidelines provided in Exhibit B, both of which are incorporated herein by this reference (“License”). Swim Team shall hold no more than five (5) “Home” meets (four already scheduled and possible one more where indicated as “pending”) as indicated in the schedule provided in Exhibit A. The License to use the Aquatic Facilities is limited to the hours provided in such schedules. In consideration of said use of the Aquatic Facilities, School Board and Swim Team agree to the following conditions: i. Access to the Aquatic Facilities is limited to the competition pool, the pool decks, parking lot serving the Aquatic Facilities and designated restrooms in case of emergencies. No other use of, or access to, the District’s recreational facilities is permitted. ii. Swim Team understands and acknowledges that there are limited parking spaces available at the District’s facilities, which is primarily available for District residents wishing to utilize the District’s recreational facilities. During the meets, the Swim Team will leave at least one (1) row of parking spaces closest to the Aquatic Facilities open and available to residents who want to use the District facilities. Swim Team shall be responsible for redirecting the traffic to enforce the same. No parking shall impede the flow of traffic on the streets. Swim Team staff shall inform its team members and the visiting teams and spectators coming to the meets of the limited parking available at the District facilities and shall encourage them to carpool to the District facilities. Swim Team shall, to the maximum extent possible, carpool to the District facilities for practices and meets, and whenever feasible, shall utilize a school bus or similar mode of mass transportation to arrive at the District facilities. iii. The District hereby designates the District Manager or his or her designee as the District’s representative. iiiiv. Swim Team’s use of Aquatic Facilities shall be in conjunction with the use of the Aquatic Facilities by other members of the public and by other swim teams, if any, and the Swim Team use shall not interfere with the operation of the Aquatic Facilities as a public improvement. iv. v. All use of the Aquatic Facilities shall be subject to the policies and regulations of the District, including but not limited to the Rolling Hills South Village Facilities and Amenity Policies, the Guidelines for the Swim Team Usage and Guidelines for Swim Team Meets, which are incorporated herein and attached as Exhibit B. v. vi. The District shall have the right to take such actions as are necessary to preserve the health, safety and welfare of its residents, landowners, lands and facilities. vivii. Persons identified as Coaches by the Swim Team, and any such Coach’s minor children, may participate on the Swim Team and make use of the Aquatic Facilities during Swim Team practices and meets, regardless of the Coach’s status as a paid user of the facilities, subject to the terms and conditions of this Agreement. viiviii. The Swim Team shall (i) provide one (1) time payment of three five hundred dollars and zero cents ($300.00500.00) to the District. If requested by the District, Swim Team shall (ii) provide a minimum of five volunteers for one resident event as arranged by the District; and (iii) provide at least ten (10) volunteer hours each week during the term of this Agreement (which may include resident events referenced above). ix. All individuals associated with the Swim Team must submit a waiver in substantially the form attached hereto as Exhibit C before accessing the District’s Aquatic Facilities. Allowing use without an executed waiver is grounds for termination of this Agreement. This waiver is in addition to any other waivers required by the School Board, Swim Team or the District.