HomeMy WebLinkAboutCR 10-13From: Marisa Carpino
Director, Culture & Recreation
Subject: Reciprocal Use of Facilities Agreement
- Durham District School Board
- File: A -1440
Recommendation:
Report to
Council
Report Number: CR 10 -13
Date: July 8, 2013
That Report CR 10 -13 of the Director, Culture & Recreation regarding the Reciprocal
Use of Facilities Agreement be received; and
2. That the Mayor and Clerk be authorized to execute a Reciprocal Use of Facilities
Agreement pursuant to which the Durham District School Board will.have use of the
City -owned parks listed in Schedule A and the City of Pickering will have use of
Board -owned schools and school fields listed in Schedule B from September 1, 2013
to August 31, 2023, that is in a form and substance acceptable to the Director,
Culture & Recreation and the Director, Corporate Services & City Solicitor.
Executive Summary: The City of Pickering has a 10 year Reciprocal Use of
Facilities Agreement with the Durham District School Board that began in 1993 and was
extended in 2003 for a further 10 years. The Reciprocal Use of Facilities Agreement is
now set to expire on August 31, 2013.
The Reciprocal Use of Facilities Agreement outlines the contractual arrangement
between the City and the Board for the use of facilities owned by either party. In the
agreement, the Board has use of the City -owned parks listed in Schedule A and the City
of Pickering has the use of the Board -owned schools and school fields listed in
Schedule B.
The Culture & Recreation Department recommends that the Reciprocal Use of Facilities
Agreement with the Durham District School Board (Attachment 1) be executed for the
period September 1, 2013 to August 31, 2023.
Financial Implications: Annual city staff and materials costs required to maintain City -
owned parks used by the Durham District School Board and Board -owned school fields
used by community sport groups through the City permitting process is approximately
$66,000 and $7,600- respectively. Some costs are recovered through the
administration fee charged to park permits which total $2,500 annually.
Report CR 10 -13
July 8, 2013
Page 2
In return, the City of Pickering has the use of schools and school fields to operate
various municipal recreation and leisure programs. The annual net registration
revenue for City programs that take place at school facilities totals approximately
$55,500.
Discussion: The City of Pickering is party to a 10 year Reciprocal Use of
Facilities Agreement with the Durham District School Board beginning in 1993 that was
extended in 2003 for a further 10 years. The Reciprocal Use of Facilities Agreement
is now set to expire on August 31, 2013.
The Reciprocal Use of Facilities Agreement outlines the arrangement between the City
and the Board for the use of facilities owned by each party. In the Agreement, the
Board has the use of the City -owned parks listed in Schedule A and the City of
Pickering has the use of the Board -owned schools and school fields listed in Schedule
B.
City staff and Durham District School Board representatives have reviewed the existing
agreement and made updates that reflect current practices that meet the needs of both
parties. The most notable revisions -to the Agreement include a requirement that the
Board confirm summer permits by May 15th; to provide notice of not less than 10 days
for cancelled Board permits; to require the Board to request "no fee" permits from the
City for the use of City -owned parks for its tournaments and special occasions; and an
updated list of facilities in Schedules A and B that reduce the list of properties that the
City of Pickering is required to maintain.
The revised Agreement also reflects the current arrangement with Dunbarton High
School for the use of the Dunbarton Indoor Pool. This section of the Agreement was
terminated by the Durham District School Board on April 10, 1996. In response, the
City now enters into an annual agreement with Dunbarton High School which permits it
use of the pool during the school day from October to March of each year. The school
is responsible to provide its own lifeguards at its expense. The City of Pickering
continues to make the pool available for City programs and community use (subject to
permit fees) during all remaining hours.
Over the past 20 years, the City of Pickering and the Durham District School Board
have built a successful partnership with respect to the reciprocal use of facilities. This
arrangement has enabled the City of Pickering to offer quality recreation and leisure
programs at school facilities which staff could not otherwise offer due to limited
municipal facilities (specifically gymnasiums). Such municipal programs include
summer camps, badminton, volleyball and culinary arts for which the City generates
program revenue through program registration fees.
Moreover, the Agreement enables the City of Pickering to offer over 180 hours each
year in free recreation programming at school facilities. This free programming is part
of the City's "Free Teen Programs" for which the municipality is recognized as a Youth
Friendly Community Builder — Gold Status by PlayWorks Ontario.
Report CR 10 -13 .
July 8, 2013
Page 3
In the same way, the availability of school fields also provide much needed facilities for
various sport users groups that receive a permit for field use from the City of Pickering.
The demand of these sport user groups for field use is significant and can only be met
through the availability of school fields in addition to municipal parks. The access to
school fields in addition to city parks enables these sport groups to further develop their
players and their sport within the community.
Clearly, the initiation of the Reciprocal Use of Facilities Agreement for a new 10 year
term ending August 31, 2023 with an option for a 10 year extension is an expression of
the City's ongoing commitment to community development. Therefore, the Culture &
Recreation Department recommend that the Reciprocal Use of Facilities Agreement
with the Durham District School Board be renewed for the period September 1, 2013 to
August 31, 2023.
Attachments:
Draft Reciprocal Use of Facilities Agreement — September 1, 2013 to August 31,
2023
Prepared By:
ktarisa Carpino
Director, -Cultutd & Recreation
Rob Gagen
Supervisor, Parks Operations
me
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
ndorsed By:
Ri6hard Holborn, W
Director, Fineering & Public
.I
Paul Bigio
Director, C rpo t� ervices & City
Solicitor
2, 20
ATTACHMENT# LT0PEP0RT#_L—IQie — I'j
This Reciprocal Use of Facilities Agreement made, 2013,
BETWEEN:
Durham District School Board
hereinafter called the "Board"
-and-
The Corporation of the City of Pickering
hereinafter called the "City"
Of The First Part,
Of The Second Part.
Whereas the Board is a board as defined in section 1 (1) of the Education Act (Ontario),
as amended, and as such is the owner of certain school buildings and lands within the
geographic boundaries of the City of Pickering which facilities are used by members of
the public and various community groups for both private and City- sponsored activities;
and
Whereas the City is an area municipality within the Regional Municipality of Durham and
is the owner of certain parks and recreational buildings within the geographic
boundaries of the City of Pickering which facilities are used by members of the public
(including students enrolled in Board schools) and various community groups for both
private and Board- sponsored activities; and
Whereas the City has the authority under section 94 of the Municipal Act (Ontario), as
amended, to operate and manage recreational areas, playgrounds, athletic fields,
auditoriums, community recreation centres and other places of recreation and
amusement; and ,
Whereas each of the Board and the City wishes to enter into a reciprocal use
agreement to provide for the use by the other of certain of its facilities, and for the use of
the Board's facilities by certain community groups acting under the auspices of the City;
Now Therefore This Agreement Witnesseth That, in consideration of the sum of $2.00
now paid by each to the other, the receipt of which by each is hereby acknowledged,
and of the terms and conditions herein set out, the Board and the City covenant and
agree as follows:
1. Term Of Agreement
(1) This Agreement shall be in effect for a term of ten years, beginning
September 1, 2013 and expiring August 31, 2023, unless it is extended or
earlier terminated pursuant to this section.
(2) Despite the provisions of subsection (1), upon the expiry of the term
hereof, or of any extension of the term hereof, the term of this Agreement
shall be deemed to be. extended for a further period of ten years, upon the
same terms and conditions as are contained herein (including this
provision for extending the term of this Agreement), unless either the
Board or the City, at least one month before the expiry of the term or any
extension thereof, gives . written notice to the other of its intention to
terminate the Agreement upon the expiry of the current term.
(3) Either party may terminate this Agreement prior to the expiry of the term,
or any extension thereof, by giving six months written notice to the other
party.
2. Assignment Of Agreement
Neither party shall assign any of its rights or obligations hereunder to any person
without the prior written permission of the other party.
3. Notice
(1) Any notice given under any provision of this Agreement shall be
sufficiently given if personally served upon, or mailed by prepaid ordinary
mail to,
(a) in the case of notice to the Board,
Superintendent of Education /Facilities Services
Durham District School Board
400 Taunton Road East
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Whitby, Ontario L1 R 2K6;
(b) in the case of notice to the City,
Director, Culture & Recreation
The Corporation of the City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario L1V 6K7
(2) Any notice personally served in accordance with subsection (1) shall be
deemed to have been given on the next business day following the day of
service.
(3) Any notice served by ordinary mail in accordance with subsection (1) shall
be deemed to have been given on the sixth calendar day following the day
of mailing.
(4) Any notice sent by electronic means in accordance with subsection (1)
shall be deemed to have been given on the next business day following
the day of electronic transmission.
4. Interpretation
(1) The Schedules attached hereto shall form part of this Agreement.
(2) In this Agreement, the term "force majeure" means acts of God, strikes,
lockouts or other labour disturbances, civil disturbances, acts of a public
enemy, wars, riots, sabotage, epidemics, landslides, snowslides, lightning,
earthquake, fire, storm, flood, washout or explosion and any other event or
occurrence beyond the reasonable control of the Board or the City, as the
case may be, whether or not of the nature of those mentioned above.
(3) This Agreement and everything contained herein shall enure to the benefit
of and be binding upon the parties hereto, their respective successors and
permitted assigns.
5. Board Use Of City Park Facilities
(1) The Board shall have the use of the City parks listed in Schedule A
attached hereto for student educational, athletic and recreational purposes
between 0700 hours and 1700 hours, Monday through Friday, from and
including September 1 in each year to and including June 30 of the
following year, school holidays excepted, without the need for a City
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permit authorizing such use, with the exception of tournaments and
special events held by the Board. In order to facilitate City planning for
maintenance, schools are required to request no -fee permits from the City
for tournaments and special events, not less than 14 days before the
proposed event.
(2) The Board shall have priority over any other user other than the City or a
City- sponsored organization for the use of the City parks listed in
Schedule A for the purposes set out in subsection (1) at all other times
between September 1 in any year and June 30 in the following year,
subject to permits issued by the City and any terms and conditions that the
City may reasonably attach to the issuance of those permits.
(3) The use of any park by the Board pursuant to this section shall include the
use of any available,
(a) baseball or softball diamonds,
(b) parking facilities,
(c) playground equipment,
(d) football or soccer fields and posts,
(e) track and field facilities, and
(f) skating surfaces.
located at or in the park.
(4) The use of any park by the Board pursuant to this section shall not include
the right,
(a) to erect, construct or install any feature, thing or apparatus in the
park,
(b) to remove, reconstruct or change any feature, thing or apparatus in
the park, or
(c) to bring or drive any vehicle into the park (except into any parking
facility in the park),
without the prior written permission of the City.
(5) The use of any park and facilities therein by the Board pursuant to this
section shall be subject to the regulations set out in Schedule A attached
hereto, the contravention of any of which may result in the City, in its sole
discretion, suspending the Board's right to use the park in question for up
to thirty days or revoking the school's permit to use the park, if such use
was pursuant to a permit, or both.
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(6) Except for delays or interruptions caused by or arising out of events of
force majeure, and subject to normal wear and tear and maintenance
required thereby, the City shall keep and maintain the parks and facilities
therein in good condition, at its sole expense, so that they are available for
the Board's use.
(7) The Board shall assume all liability and obligation for any loss, damage or
injury to persons or property that occurs during the use or occupation of
any park and facilities therein by the Board pursuant to this section and
the Board shall indemnify and save harmless the City of and from any
such loss, damage or injury and all actions, proceedings or claims arising
therefrom except to the extent to which such loss, damage or injury is
caused or contributed to by the neglect or default of the City, its servants,
agents or employees.
(8) The Board shall pay any taxes or similar charges that may be levied
during the term hereof against any of the lands that comprise any of the
parks as a result of the Board's use or occupation thereof pursuant to this
section.
6. Board Use Of Indoor Pool: Dunbarton High School Use Of Dunbarton
Indoor Pool
Dunbarton High School shall have the use of the City's Dunbarton Indoor Pool for
student educational, athletic and recreational purposes between 0730 hours and
1500 hours, Monday through Friday, from and including October 1 in each year
to and including the Friday before March Break in the following year, school
holidays excepted, without the need for a city permit authorizing such use. The
exact hours and terms of use by Dunbarton High School shall be subject to an
annual agreement entered into by September 10 of each year between the City
and the Board. In the event that the City wishes to make use of Dunbarton Indoor
Pool within the dates and times specified above, then it shall seek the consent of
Dunbarton High School to such use, which consent shall not be unreasonably
withheld. In the event that Dunbarton High School wishes to make use of the
Dunbarton Indoor Pool outside of the dates and times specified above, then it
shall seek the consent of the City to such use, which consent shall not be
unreasonably withheld. Dunbarton High School's use of the Dunbarton Indoor
Pool shall also be subject to the following:
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(a) Dunbarton High School agrees that the keys to the pool are stored in
a secure place and only provided to qualified lifeguards who have
attended the required training session.
(b) Dunbarton High School will provide to the City of Pickering, a
schedule of actual hours, to include breaks and lunch hours, prior to
the beginning of each semester.
(c) Dunbarton High School agrees to provide the City of Pickering with a
certificate of liability insurance, identifying the Corporation of the City
of Pickering as additionally insured, with coverage for any one
occurrence or claim of not less than $5,000,000.00. Dunbarton High
School agrees to provide the City of Pickering with written
information from the agent or insurer that insurance on the terms and
the amounts specified above has been arranged prior to the start of
the annual contract.
(d) The City of Pickering reserves the right to close the facility for
maintenance, major events and inclement weather.
(e) The City obtains electricity and water through services submetered
from the Board's Dunbarton High School.
(f) If Dunbarton High School wishes to make additional use of the
Dunbarton Indoor Pool at any time on a weekday between the hours
of 6:00 -7:30 and 15:00- 16:45, then such additional use shall be
provided for in the annual agreement referred to above, provided that
such additional use shall be limited to a maximum of six hours per
week.
7. ' City Use Of Board School Facilities
(1) The City shall have the use of facilities within or associated with the
Board's schools listed in Schedule B attached hereto for City educational,
athletic and recreational programme purposes between 1830 hours and
2230 hours for gymnasiums and between 1800 hours and 2230 hours for
classrooms, Monday through Friday except public holidays, and between
0700 hours and 2300 hours, Saturday, Sunday and public holidays,
subject to permits issued by or on behalf of the Board and any terms and
conditions that the Board may reasonably attach to the issuance of those
permits.
(2) The use of any facility within or associated with a school by the City
pursuant to this section shall include the use of any available,
(a) desks, tables and similar furniture,
(b) dressing and change rooms,
(c) parking facilities,
(d) sports equipment in the nature of nets, goal and hoops,
(e) washroom facilities,
(f) baseball or softball diamonds,
(g) playground equipment,
(h) football or soccer fields and posts,
(i) track and field facilities, and
(j) skating surfaces,
located in or associated with the school.
(3) The use of the Dunbarton High School by the City pursuant to this section
shall include the right of the City to be provided with sufficient keys to
enable it to gain access to and to use the West Gymnasium therein
(except the Physical Education office) without the need to have Board
employees present.
(4) The use of any facility within or associated with a school by the City
pursuant to this section shall not include the right,
(a) to erect, construct or install any feature, thing or apparatus in the
facility or school,
(b) to remove reconstruct or change any feature, thing or apparatus in
the facility or school, or
(c) to bring or drive any vehicle onto the school grounds (except into
any parking facility associated with the school),
without the prior written permission of the Board.
(5) The use of any facility within or associated with a school by the City
pursuant to this section shall be subject to the regulations set out in
Schedule B attached hereto, the contravention of any of which may result
in the Board, in its sole discretion, suspending the City's right to use the
facility or school in question for up to thirty days or revoking the City's
permit to use the facility or school, or both.
(6) Except for delays or interruptions caused by or arising out of events of
force majeure, and subject to normal wear and tear and maintenance
required thereby, the Board shall keep and maintain the schools and
facilities therein or associated therewith in good condition, at its sole
expense, so that they are available for the City's use.
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(7) The City shall, at its expense, maintain in their present condition all of the
outdoor playing fields associated with the Board's schools listed in
Schedule B attached hereto that are used by the City for City, athletic
programmes.
(8) The City shall assume all liability and obligation for any loss, damage or
injury to persons or property that occurs during the use or occupation of
any school and facilities therein or associated therewith by the City
pursuant to this section and the City shall indemnify and save harmless
the Board of. and from any such loss, damage or injury and all actions,
proceedings or claims arising therefrom except to the extent to which such
loss, damage or injury is caused or contributed to by the neglect or default
of the Board, its servants, agents or employees.
(9) The City shall pay any taxes or similar charges that may be levied during
the term hereof against any of the lands that comprise any of the schools
as a result of the City's use or occupation thereof pursuant to this section.
8. Community Use Of Board School Facilities
Community groups may have the use of facilities within or associated with the
Board's schools subject to permits issued by the Board and to the terms and
conditions of any Board policy respecting such use and the issuance of such
permits.
In Witness Whereof the Board and the City have hereunto affixed their corporate seals,
attested by the hands of their authorized officers.
Signed, Sealed & Delivered
Durham District School Board
Joe Allin, Chairperson
Ed Hodgins, Superintendent of Education /Business
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shields, City Clerk
sm
Schedule A
Part 1 — City Parks Which The Board May Use
Item Park
1.
Mitchell Park
2.
Major Oaks Park
3.
Bidwell Park
4.
McPherson Park
5.
Glengrove Park
6.
Amberlea Park
7.
Maple Ridge Park
8.
Hull Memorial Park
9.
David Farr Park
10.
Forestbrook Park
11.
Greenwood Park
12.
Beverley Morgan Park
13.
Brock Ridge Park
14.
Claremont Park
15.
Dunmoore Park
16.
Kinsmen Park
17.
Valleyview Park
18.
Woodsmere Park
Adjacent School*
Bayview Heights Public School
Valley Farm Public School
Fairport Beach Public School
Gandatsetiagon Public School
Glengrove Public School
Highbush Public School
Maple Ridge Public School
Rosebank Public School
Vaughan Willard Public School
William Dunbar Public School
Valley View Public School
Pine Ridge Secondary School
Westcreek Public School
Altona Forest Public School
*identified for reference purposes only
Part 2 — Regulations for Use of City Parks by Board
Item Regulations
1. The Board shall be responsible for the conduct and supervision of all persons
involved in the Board activity in the park, whether those persons are spectators
or participants.
2. The Board shall not cause or permit to be caused at the park any unusual or
unnecessary noise that disturbs the peace, quiet or comfort of any person in any
residence, institution or place of business within the City.
3. Games of chance, lotteries or gambling in any form shall not be permitted in any
park.
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4. The Board shall ensure that all persons admitted to the event in the park have
vacated the park by 1700 hours.
5. If liquor of any type is to be served, sold or available at the event, the Board shall
obtain all necessary permits and licenses and file a copy of each with the City at
least two weeks prior to the event.
6. The Board shall not restrict the use of the park by other members of the public
unless such use conflicts with the Board's use.
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Schedule B
Part 1 — Board Schools Having Facilities Which The City. May Use
Item School Fields
1. Valley Farm Public School
'2. Fairport Beach Public School
3. Frenchman's Bay Public School
4. Gandatsetiagon Public School
5. Glengrove Public School
6. Highbush Public School
7. Maple Ridge Public School
8. Rosebank Public School
9. William Dunbar Public School
10. Dunbarton High School Annex,
formerly Woodlands Centennial Public
11. School
12. Altona Forest Public School
Westcreek Public School
13. Dunbarton High School
14. Pine Ridge Secondary School
School Buildings
Dunbarton High School
Pine Ridge Secondary School
Part 2 — Regulations for Use of Board School Facilities by City
Item Regulations
1. Buildings and Grounds
1.1 (a) Consumption of alcoholic beverages shall not be permitted within Board
buildings or on Board grounds.
(b) Refreshments of any type shall not be taken into auditoriums or
gymnasiums.
1.2 Smoking shall not be permitted within Board buildings or on Board
grounds.
1.3 No animals except service animals shall be permitted in Board buildings.
1.4 (a) The use of Board buildings and grounds shall be restricted to the use
specified in the approved permit application.
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(b) The use of a school cafeteria may be made available if requested in the
permit application, but the use of the associated kitchen area and servery
must be arranged by the City directly with the caterer supplying food
services to that building.
1.5 (a) The use of any Board building or grounds shall be at all times subject to
the supervision of Board employees; on Saturdays, Sundays and public
holidays, the use of the Dunbarton High School West Gymnasium shall be
under the supervision of City employees.
(b) A Board employee shall open the building, secure the building at the
completion of the use, handle any facility emergencies that arise and
generally protect the interests of the Board; on Saturdays, Sundays and
public holidays, at the Dunbarton High School West Gymnasium these
functions shall be performed by City employees.
2. Equipment
2.1 (a) The City may be required to provide any or all necessary equipment.
(b) Neither Board employees nor City employees are authorized to allow the
use of any Board equipment not approved for use in the permit.
2.2 (a) School instructional equipment will not generally be available for use.
(b) Physical education equipment may be made available at no charge if
requested 'in the permit application and approved by the school principal.
(c) The City is responsible for the supervision and safety of users of Board
equipment.
2.3 (a) Sound or lighting equipment may be made available at no charge if
requested in the permit application and approved by the school principal.
(b) In order to use Board sound or lighting equipment, the City must make
arrangements through the school to have a trained student operate the
equipment at the hourly rate set by the Board from time to time.
2.4 The use of any Board equipment shall be at all times subject to the
supervision of Board employees.
2.5 (a) Plans of stage settings or the use of special equipment must be approved
by the Board's Superintendent of Facilities Services in consultation with
the school principal in advance of the use date.
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(b) No changes or additions to electrical wiring shall be made without the
authority of the Superintendent, and all costs thereof shall be charged to
the City.
(c) Decorations shall conform to fire safety practices as recommended by the
City's Fire Department, shall be limited to flame proof materials and shall
not be attached to electric light fixtures or electrical outlets.
2.6 (a) The delivery of stage equipment and the setting of stage properties shall
be done outside school hours unless otherwise arranged with the school
principal.
(b) All equipment shall be removed immediately after the use unless
otherwise arranged with the school principal.
2.7 All exits shall be kept clear from any obstruction at all times.
3. Permits
3.1 A permit shall be required for the use of any Board school facility after
normal school hours.
3.2 (a) Written applications for permits for City use of Board school facilities shall
be made to the Board's Community Use of Schools Department by the
City's Department of Culture & Recreation not less than 14 days before
the proposed date of use. The Board's Community Use of Schools
Department will endeavor to process City applications for summer
programs on or before May 15th of each year.
(b) Applications for permits for the use of Board school facilities shall be given
the following priorities:
1. school purposes and Board programmes;
2. City recreation programmes;
3. community recreation programmes and youth groups;
4. ratepayer associations;
5. other activities.
3.3 When making an application for a permit the City's Department of Culture
& Recreation shall ensure that the facility required is available on the date
and at the time requested by reviewing its own records and by contacting
the Board's Community Use of Schools Department.
3.4 The issuance of a permit shall not establish a rental contract between the
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City and the Board; the Board may at any time withdraw the use of any
facility if in the Board's sole unfettered opinion the use to which the facility
is to be put or is being put is not in the best interests of the community or
of the Board.
3.5 Permission to charge admission to the use, or sell a product or
refreshment in the facility, may be granted if requested in the permit
application.
3.6 'When an additional Board custodial employee is provided, or when a
regular Board custodial employee is required to work overtime, or when
special circumstances warrant, custodial costs will be levied.
3.7 Payment of custodial and other costs shall be made by cheque within thirty
days of receipt of the Board's invoice therefor.
3.8 (a) If the City wishes to cancel the use of a facility, it shall notify in writing the
Board's Community Use of Schools Department as early as circumstances
permit but no later than two full business days before the proposed date of
use.
(b) Refunds or credits of custodial costs will be made upon a cancellation
provided that the City notifies the Board's Community Use of Schools
Department at least two full business days before the proposed date of
use.
3.9 The City shall ensure that all persons admitted to the use vacate the
Board's buildings and grounds promptly at the time specified in the permit.
3.10 If the Board wishes to cancel a permit, notice shall be given as soon as
possible, but no later than ten full days prior to its effective date.
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