HomeMy WebLinkAboutAgenda Item - 2026-03-03 - Number 06.2 - RES 26-12, Approving Facility Use Agreement with LOSD 6.2
E 0 COUNCIL REPORT
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OREGO�
Subject: Resolution 26-12, Approve Summer 2026 Facility Use Agreement at Oak Creek
Elementary School & Lakeridge Tennis Courts
Meeting Date: March 3, 2026 Staff Member: Cyd Fletcher, Recreation Supervisor
Enrichment, Fitness & Outdoor Programs
Report Date: February 20, 2026
Department: Parks & Recreation
Action Required Advisory Board/Commission Recommendation
❑x Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑x Resolution ❑x Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑x Consent Agenda
Staff Recommendation: Authorize the City Manager to sign an agreement with LOSD for
Summer 2026 Use of Oak Creek Elementary School & Lakeridge Tennis Courts
Recommended Language for Motion: Move to adopt Resolution 26-12 authorizing the City
Manager to sign an agreement with LOSD for Summer 2026 use of Oak Creek Elementary
School & Lakeridge Tennis Courts for LOPR 2026 Summer camp programs.
Project/ Issue Relates To:
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑x Not Applicable
BACKGROUND
June 7, 2022, Council Report 5.2, City Council directed the City Manager to work with the Lake
Oswego School District to finalize the phase out of the 1998 Intergovernmental Agreements
governing use of LOSD facilities, athletic fields and gymnasiums. Prior to 2023 LOSD facility
usage fell under the 1998 IGA and there was no monetary exchange.
Respect. F,. PI'Pr,_P Trust. Se'vi.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
The City and LOSD charge each other fees, as included in each organization's fee schedule, for
field use.
LOSD rents an elementary school or middle school, including fields and the gymnasium, to the
City each year for summer recreation programs. Starting in summer 2023, the City pays LOSD a
negotiated fee per summer for use of the school.
ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES
If LOSD facilities are not available for Summer 2026, the City may experience a loss of program
capacity, resulting in reduced enrollment, decreased revenue, and fewer recreational
opportunities for the community. The City may also need to secure alternative locations,
potentially increasing costs and creating additional logistical challenges.
RECOMMENDATION
Authorize the City Manager to sign an IGA with LOSD for Summer 2026 use of Oak Creek
Elementary School and Lakeridge Tennis Courts for LOPR Summer camp programs.
ATTACHMENTS
1. City of Lake Oswego and Lake Oswego School District IGA—Summer 2026 Use of Oak
Creek Elementary School and Lakeridge Tennis Courts
2. LOSD FACILITY USE Fee Schedule 2025-26
Respect. Fv. i'p,n-,P Trust. Vie-
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
INTERGOVERNMENTAL AGREEMENT
CITY OF LAKE OSWEGO AND LAKE OSWEGO SCHOOL DISTRICT No. 7J
SUMMER 2026 USE OF OAK CREEK ELEMENTARY SCHOOL
& LAKERIDGE TENNIS COURTS
THIS AGREEMENT is made this day of , 2026 ("Effective
Date") between the City of Lake Oswego, an Oregon municipal corporation ("City,") and Lake
Oswego School District 7J, an Oregon common school district ("District").
RECITALS:
WHEREAS, District owns real property and improvements at 55 Kingsgate Rd, Lake Oswego
Oregon, consisting of a school building and other structures (Oak Creek Elementary School
"OCE" fields, gym, restrooms and covered areas, playground, and Lakeridge High School "LHS"
tennis courts); and
WHEREAS, District has available space at OCE and LHS for city purposes during Summer 2026;
and
WHEREAS, City has a need to locate camps, and program uses for Summer 2026; and
WHEREAS, there is also benefit to District from having the premises occupied, monitored and
maintained during Summer 2026; and
WHEREAS, District and City have a longstanding, positive history of sharing facilities for the
benefit of all Lake Oswego families and students;
DISTRICT AND CITY AGREE AS FOLLOWS:
1. Right of Use/ Permitted Activities / Dates of Use. City will have:
A. Exclusive Use.
The exclusive right of use and occupancy of portions of OCE, during the following periods and
for the Permitted Activities listed below:
IGA—Use of Oak Creek Elementary School building and LHS Tennis Courts
Page 1 of 6
Site Facilities - Exhibit A - Map Permitted Uses Start Date End Date
of highlighted areas OCE
10 Designated classrooms Rooms Classroom/camp activities June 17, 2026 Aug. 14,
16, 17, 18, 19, 20, 21, 22, 24, 25, 2026
26
Gymnasium Camps and storage of Aug. 14,
equipment 2026
Field Areas OCE, covered Camp activities and Play area June 17, 2026 Aug. 14,
hoops, playground 2026
Restrooms June 17, 2026 Aug. 14,
2026
Site Facilities - Exhibit A - Map Permitted Uses Start Date End Date
of pink highlighted areas LHS
LHS Tennis Courts Activities June 22, August 28,
2026 2026
*No Camp Held 7/4
B. Joint Use
During any period of exclusive occupancy under subsection A, City shall have joint usage of the
following:
• OCE: common interior hallways, restrooms, parking areas and other adjacent outdoor
areas, including outdoor playground and field areas of OCE.
• LHS: parking areas and other adjacent outdoor common use areas, including area
adjacent to tennis courts of LHS.
2. Term. The term of this Agreement, and City's right to use OCE and LHS Tennis Courts, will
commence on the effective date, and will expire on the last "End Date" stated in Section 1
(provided that the City will cease occupancy by the earlier dates of the portions of the listed
Site Facilities listed in Section 1), unless terminated earlier under the terms of this Agreement.
3. Staffing and Materials. City shall be responsible for all staffing of and materials needed for
the Permitted Uses conducted by City in the Site Facilities listed in Section 1.
4. District Access. District will have access to the spaces identified in Section 1 of this
agreement without advance notice at any time that the building at Oak Creek Elementary
School is open to the public. District will also have access to the spaces during non-public hours,
and will have access to the remainder of the building to inspect the premises during any
reasonable times, upon at least one business day's advance notice to City, except in the event
of an emergency in which case the District may immediately access the building.
IGA—Use of Oak Creek Elementary School building and LHS Tennis Courts
Page 2 of 6
5. Cleaning. City will perform all routine cleaning before, during and after use periods of the
Site Facilities listed in Section 1 and at City's expense.
6. Major Repairs and Replacements; Routine Maintenance. For purposes of this Agreement,
Major Repairs and Replacements are defined as any single activity or naturally grouped activity
to repair or replace any portions(s) of the facility or related structures that has a cost of five
thousand dollars ($5,000.00) or more. City will not be responsible for major repairs or
replacements, maintenance, or any other activities beyond routine cleaning, including without
limitation major repair or replacement of the roof, foundation, walls or structural components,
or mechanical, electrical HVAC or plumbing systems. However, District will have the discretion
to decline to make such repairs or replacements. If District does not make major repairs or
replacements that, in City's sole determination, are reasonably necessary for continued City
use, City may terminate this Agreement upon at least 10 business days' written notice to
District.
7. Alterations. City will not make any alterations, additions, or improvements that would
require a building permit without obtaining District's written consent, which may be withheld in
District's sole discretion.
8. Signs. City may install temporary signs consistent with the City's use of the premises. City
shall not remove any existing signage. Signs must comply with all applicable requirements of
the Lake Oswego Sign Code.
9. Indemnity. Within the limits of the Oregon Constitution and the Oregon Tort Claims Act, ORS
30.260 through 30.300, each of the parties shall hold harmless, indemnify and defend the other
party and its board, council, officers, employees and agents from and against all claims,
demands, penalties, and causes of action of any kind or character relating to or arising from this
Agreement (including the cost of defense thereof, including attorney fees) in favor of any
person on account of personal injury, death, damage to property, or violation of law, which
arises out of, or results from, the willful or negligent acts or omissions of the indemnitor, its
board, council officers, employees, or agents. Excepting removal of garbage, excess furniture,
and supplies, the City accepts the premise in an "as-is, where is" condition. City will be
responsible, prior to occupancy under this Agreement, for carrying out a reasonably thorough
inspection of the Site Facilities (including joint use areas) to ensure the property meets the
City's needs, and the parties agreement that District will not be deemed responsible for
conditions of the premises that were or should have been discovered by City, excepting the
requirements of Sections 6 and 11. The provisions of this Section 9 will survive the termination
of this Agreement.
10. Insurance. City, at its expense, will maintain at all times during the term of this Agreement
general liability insurance in respect of the premises and City's activities there, naming District
as an additional insured, with minimum coverage of$2 million per occurrence and $3 million in
the aggregate. District, at its expense, will maintain at all times during the term of this
IGA—Use of Oak Creek Elementary School building and LHS Tennis Courts
Page 3 of 6
Agreement all-risk fire and casualty insurance on a replacement-cost basis covering all
improvements, but the City will be responsible to insure its own personal property. Each party
will provide the other with certificates of insurance coverage from each insurer, including a
stipulation that coverage will not be canceled or diminished without a minimum of 10 days'
written notice to the other party.
11. Damage by Fire or Casualty. In the case of Major Damage, District or City may elect to
terminate this Agreement by notice in writing to the other party within thirty days of the date
of the Major Damage. "Major Damage" means damage by fire or other casualty to the building
that causes the building (i) or any substantial portion to be unusable, (ii) the repair of which will
cost more than twenty-five percent of the replacement value of the building, or (iii) is not
required by this Agreement to be covered by insurance. If neither party terminates this
Agreement after any Major Damage, District will promptly restore the building to the condition
existing immediately before the damage.
12. Assignment. City may not assign, transfer or encumber its rights under this Agreement
without first obtaining District's written consent. The District may withhold such consent for
any reason the District considers reasonable.
13. Notice. Any notice required or permitted to be given under this Agreement must be in
writing and will be deemed to have been delivered upon the earlier of: (i) the date of actual
receipt by personal delivery, (ii) receipt by delivery from Federal Express or other commercially
recognized overnight courier service, (iii) receipt of a facsimile transmission to the fax number
stated below, or (iv) three (3) days after having been deposited in the U.S. mail, addressed to the
following addresses or at such other addresses as either party may give to the other party by
notice in writing under the terms of this paragraph:
If to City: City of Lake Oswego
Attn: Martha Bennett, City Manager
P.O. Box 369
Lake Oswego, OR 97034
Telephone: (503) 635-0214
Email: mbennett@lakeoswego.city
With a copy to: City Attorney Office
City of Lake Oswego
P.O. Box 369
Lake Oswego, OR 97034
Fax: (503) 699-7453
Telephone: (503) 635-0225
If to District: Lake Oswego School District
Attn: Superintendent
IGA—Use of Oak Creek Elementary School building and LHS Tennis Courts
Page 4 of 6
P.O. Box 70
Lake Oswego, OR 97034
Fax: (503) 534-2030
With a copy to: Stuart Ketzler, Assistant Superintendent of Business Services
Lake Oswego School District
P.O. Box 70
Lake Oswego, OR 97034
Fax: (503) 534-2031
Email: ketzlers@loswego.k12.or.us
A party giving any notice required or permitted under this Agreement must also simultaneously
since such notice via email to the parties designated above. Each party will be responsible for
updating the contact information for the persons designated to receive notice under this
Agreement, which information may be changed by giving notice as provided herein.
14. Surrender of Premises. Upon the expiration or earlier termination of this Agreement, City
will surrender the Site Facilities listed in Section 1 to the District in as good of a condition as
that existing at the commencement of the term of this Agreement, subject to ordinary wear
and tear. City will also remove all of its personal property from the premises.
15. Dispute Resolution; Mediation; Arbitration. The parties agree to attempt to resolve any
disagreements or dispute regarding this Agreement or their obligations hereunder with the
minimum expenditure of funds and time. If the parties are unable to resolve any such
disagreements or disputes through informal negotiation or mediation, they agree to submit to
binding arbitration by a single arbitrator. If the parties fail to agree upon an arbitrator, the
arbitrator will be appointed by the Clackamas County Circuit Court upon request by either
party. The party not prevailing will pay the arbitrator's fee, but the parties will be responsible
for payment of their own attorney fees and other costs. However, if the arbitrator finds that the
party not prevailing failed to exercise good faith regarding the disagreement or dispute at issue
prior to or during arbitration, then the prevailing party will be entitled to recover reasonable
attorney fees and costs incurred.
//
[signature next page]
//
IGA—Use of Oak Creek Elementary School building and LHS Tennis Courts
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate as of the
Effective Date stated above.
CITY OF LAKE OSWEGO LAKE OSWEGO SCHOOL DISTRICT No. 7J
By: By:
Martha Bennett, City Manager Stuart Ketzler
Assistant Superintendent
of Business Services
Approval as to form:
ity Attorney's Office
IGA—Use of Oak Creek Elementary School building and LHS Tennis Courts
Page 6 of 6
LOSD SUMMER 2026 FACILITY USE
OAK CREEK ELEMENTARY SCHOOL(OCE)
55 KINGSGATE RD. LAKE OSWEGO 97034
OCE, USE:CLASSROOMS, FIELDS AND PLAYGROUNDS, GYMNASIUM, COVERED AREA, PARKING LOT
DATES OF PUBLIC USE: WEEKS OF CAMPS JUNE 22-AUGUST 14: 8 WEEKS
MOVE IN:JUNE 17-19
MOVE OUT: AUGUST 17
FEE: $31,500.00 for OCE & LAKERIDGE COURTS
UPPER LEVEL
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Lakeridge Tennis Court Use
Location: Lakeridge High School 1235 Overlook Dr Lake Oswego, Oregon 97034
Reservation is for use of all 6 courts each week.
Days: Camps are M-F unless otherwise *noted
Time: Reservations from 8:00a-12:00pm
Week#1:June 6/22-6/*26, 5 days 4 hours day= 20 hours
Week#2:June 29-July 2 (No Camp 7/3), 4 days 4 hours day= 16 hours
Week#3: July 6-10, 5 days 4 hours day= 20 hours
Week#4:July 13-17, 5 days 4 hours day= 20 hours
Week#5: July 20-24, 5 days 4 hours day= 20 hours
Week#6:July 27-31, 5 days 4 hours day=20 hours
Week#7: August 3-7, 5 days 4 hours day= 20 hours
Week#8: August 10-14, 5 days 4 hours day= 20 hours
Week#9: August 8/17-8/21, 5 days 4 hours day= 20 hours
Week#10:August 8/24-8/28, 5 days 4 hours day= 20 hours
ATTACHMENT 2
LOSD FACILITY USE FEE SCHEDULE 2025-26
Effective July 1,2025
All fees are based on per hour rental use
CATEGORY 1A & 1B CATEGORY 2 CATEGORY 3 CATEGORY 4 CATEGORY 5
Gymnasiums
High School - Main No Fee $50 $125 $145 SUA
High School- Small No Fee $40 $110 $135 SUA
Middle School - Main No Fee $40 $75 $100 SUA
Middle School - Small No Fee $35 $65 $90 SUA
Elementary No Fee $25 $40 $65 SUA
Cafeteria/Commons/Multi-Purpose Room(No Kitchens) SUA
High School No Fee $70 $110 $135 SUA
Middle School No Fee $60 $100 $125 SUA
Elementary School No Fee $35 $85 $110 SUA
Elem/MS / HS Kitchens $50 kitchen access - district food service employee must be on site during the use/rental @ $30 per hour
Auditoriums (2 hr min.)
High School No Fee $85+Fees $215+Fees $240+Fees SUA
Middle School (Cafeteria with Stage) No Fee $70 +Fees $200 +Fees $220+Fees SUA
Elementary No Fee $60 +Fees NA NA SUA
IIMM . 1
Libraries and/or Media Centers
High School No Fee $55 $85 $110 SUA
Middle School No Fee $50 $75 $100 SUA
Elementary School No Fee $45 $70 $95 SUA
Classrooms
Regular Classroom No Fee $25 $35 $55 SUA
HS/MS Band/Choir Room High School No Fee $75 $100 $125 SUA
Turf Fields
HS Football field without light No Fee $40 $100 $125 SUA
HS Football field with lights No Fee $40 +$15 lights $100 +$15 lights $125 +$15 lights SUA
HS Baseball without lights No Fee $40 $100 $125 SUA
HS Baseball with lights No Fee $40 +$15 lights $100 +$15 lights $125 +$15 lights SUA
HS Softball without lights No Fee $30 $85 $110 SUA
HS Softball with lights No Fee $30 +15 lights $85 +$15 lights $110 +$15 lights SUA
LHS Turf 2 without lights No Fee $40 $100 $125 SUA
LHS Turf 2 with lights No Fee $40 +$15 lights $100 +$15 lights $125 +$15 lights SUA
LOJ Softball without lights No Fee $30 $85 $110 SUA
LOJ Softball with lights No Fee $30 +15 lights $85 +$15 lights $110 +$15 lights SUA
LMS Turf without lights No Fee $40 $100 $125 SUA
LMS Turf with lights No Fee $40 +$15 lights $100 +$15 lights $125 +$15 lights SUA
Grass Fields
LOJ without lights No Fee $25 $40 $60 SUA
LOJ with lights No Fee $25 +$15 lights $40 +$15 lights $60 +$15 lights SUA
LOHS below Central Office-no lights No Fee $25 $40 $60 SUA
LHS JV-Baseball/Softball no lights No Fee $20 $40 $60 SUA
LMS -no lights No Fee $25 $40 $60 SUA
Elementary Schools No Fee $25 $40 $60 SUA
Other Athletic Facilities
HS Track without lights No Fee $30 $40 $60 SUA
HS Track with lights No Fee $30 +15 lights $40 +$15 lights $60 +$15 lights SUA
MS Track without lights No Fee $25 $40 $60 SUA
LOHS Tennis Courts - no lights No Fee $25 per court $55 per court $75 per court SUA
LHS Tennis Courts without lights No Fee $25 per court $55 per court $75 per court SUA
LHS Tennis Courts with lights No Fee $25 +$15 lights per court $55 +$15 lights per court $75+$15 lights per court SUA
LMS Tennis Courts - no lights No Fee $25 per court $55 per court $75 per court SUA
HS Baseball Hitting Facility No Fee $35 $55 $75 SUA
HS Softball Hitting Facility No Fee $35 $55 $75 SUA
HS Locker Rooms No Fee $65 $65 $90 SUA
LOSD Pool "Field House" No Fee $50 $70 $95 SUA
HS Dance Room No Fee $60 $85 $110 SUA
Under Cover Play Areas No Fee
Parking Lot ONLY
HS - MS - Elem No Fee $60 $75 $100 SUA
Additional Fees
Custodial Fee $60 OT Rates as applicable
Additional Equipment Please contact CS for pricing and needs
Application Processing Fee $25
3