M-10 - Draft of 28E Agreement - City and School for Shared Use Facilities - .July 2024

7. The District may utilize the City’s baseball, softball and soccer facilities. The District will have priority regarding scheduling the use of these facilities over all other non-City uses after all City uses have been met. Use of other City facilities will be determined and agreed upon by the parties based on additional use needs. The District is adding a MS soccer program and will begin using one (1) soccer field on weekdays beginning in the Fall 2024 (August - October). 8. The parties agree that the District will be responsible for the management, operation, maintenance and repair of the District’s facilities and the City will be responsible for the management, operation, maintenance and repair of the City’s facilities. The cost of repairs for damages and unusual maintenance directly attributable to either party’s negligence during its use of a facility shall be the responsibility of that party. 9. The District or the City will have the right to close any and/or all of their respective facilities for use for the purposes of maintenance, repairs or other reasons deemed necessary upon notice given to the other entity. 10. Each party shall indemnify and hold harmless the other party, its officers, directors, employees and agents from and against any claim, liability, damage, assessment or expense (including expenses of investigation and defense, and reasonable attorney fees and expenses) of any nature whatsoever sustained, suffered or incurred for or on account of, or arising from or in connection with any breach of this Agreement by such party, or resulting from any act or omission of such party. However, no party seeking indemnification shall be indemnified if the losses, claims, expenses or other damages resulted from the gross negligence or intentional misconduct of the party (or such party’s employees or agents) that is seeking indemnification. 11. Both the District and City shall carry liability insurance for the protection of the District and the City from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property upon a facility due directly or indirectly to the use or occupancy thereof by the insured or any person claiming through or under the insured. Liability policies shall have limits of not less than $1 Million per occurrence and $2 Million annual aggregate. The purchase of insurance by the City of the District does not waive any of the defenses of governmental immunity available to the City of the District under Iowa Code Section 670.4 as it now exists and as it may be amended from time to time. 12. Neither the District nor the City shall assign this Agreement without the consent of the other party. 13. This Agreement represents the entire agreement between the District and the City. Any subsequent changes or modifications to the terms of this Agreement must be in the form of an executed addendum to this agreement. 14. The terms and provisions of the Agreement shall be construed in accordance with the laws of the State of Iowa. CLEAR CREEK AMANA COMMUNITY SCHOOL DISTRICT 1486 Hwy 6 NW, PO Box 487 Oxford, IA 52322 By: _____________________________ ATTEST:________________________ Kara Prickett, Board President Lori Robertson, Board Secretary CITY OF TIFFIN 300 Railroad St, PO Box 259 Tiffin, IA 52340 By: ______________________________ ATTEST:_________________________ Tim Kasparek, Mayor Brianna Wilkerson, Deputy City Clerk