2025-2368Resolution # 2025-2368
A Resolution Authorizing the City Manager to Execute a Facility Use Agreement
with the Janesville School District
WHEREAS, the CITY is the owner of a variety of public facilities including, but not
limited to, athletic fields, tennis courts, parks and park facilities, golf courses,
Woodman’s Sports and Convention Center, outdoor pools and an arboretum; and
WHEREAS, the SCHOOL DISTRICT is the owner of a variety of school facilities
including, but not limited to, indoor pools, gymnas iums, auditoriums, class rooms,
weight rooms, cafeterias and exterior developed grounds including athletic fields and
playground facilities; and
WHEREAS, the CITY and the SCHOOL DISTRICT have an interest in using each
other’s facilities for the purpose of conducting sports and recreational programs for
youth and adults, community events and other leisure opportunities within the scope of
services of the respective agencies; and
WHEREAS, the SCHOOL’S Recreation Department left the jurisdiction of the SCHOO L
DISTRICT in January 1979 and became a part of the CITY and correspondingly the
SCHOOL DISTRICT became a unified school district within the State of Wisconsin; and
WHEREAS, since January 1979 the CITY and the SCHOOL DISTRICT have been
using each other’s facilities; and
WHEREAS, it is in the best interest of the CITY, SCHOOL DISTRICT and community,
and their residents and guests, to continue to use and mutually exchange use of public
facilities; and
WHEREAS, it is in the best interest of the CITY and SCHOOL DISTRICT to establish a
written agreement that sets forth a framework for allocating use of facilities by and
between the parties and the specific conditions, understandings and obligations of such
use;
WHEREAS, the Common Council hereby find that this Facility Use Agreement and its
execution by the City is in the best interest of and of benefit to the City of Janesville, the
community, its residents, businesses, as well as the surrounding area; and
WHEREAS, such Agreement and its terms, conditions, obligations, and promises are
permitted by law and the Common Council are empowered to enter into such
Agreement, pursuant to Wis. Stats. §§ 66.0101, 62.11(5), 62.22, and 62.23(17) (b), and
other pertinent Wisconsin Statutes.
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of
Janesville that the Facility Use Agreement with the Janesville School District is
approved and authorized upon the terms, conditions, obligations, provisions, and
promises set forth above and therein as proposed by the City Administration; and
further, the City Manager and/or his designee(s), on behalf of the City of Janesville, are
authorized to execute and enter into the Agreement with the Janesville School District;
and
BE IT FURTHER RESOLVED by the Common Council that the City Manager and/or his
designees are hereby authorized to negotiate, renew, amend, execute, and enter into
such documents, papers, agreements, and forms, and to take whatever other actions ,
that the City Manager may, from time to time, find necessary, desirable, and/or
beneficial to effectuate the Agreement and/or the intent of this Resolution.
ADOPTED:
APPROVED:
Kevin M. Lahner, City Manager
ATTEST:
Lorena Rae Stottler, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by:
Prepared by:
Motion by:
Second by:
Councilmember Aye Nay Pass Absent
Burdick
Cass
Erdman
Miller
Neeno
Squire
Williams
August 11, 2025 Consent
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FACILITY USE
AGREEMENT 2025-2028
BY AND BETWEEN:
THE CITY OF JANESVILLE AND THE
SCHOOL DISTRICT OF JANESVILLE
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TABLE OF CONTENTS
SECTION
PAGE
INTRODUCTION
3
I.
TERM OF AGREEMENT 4
II.
PREMISES
4
III.
HOURS OF USAGE 5
IV.
SCHEDULING USE OF FACILITIES 6
V.
ACCESS TO FACILITIES
7
VI.
MAINTENANCE 8
VII.
FINANCIAL RESPONSIBILITIES 9
VIII.
CANCELLATIONS 10
IX.
COMPLIANCE WITH LAWS 10
X.
INSURANCE 10
XI.
MISCELLANEOUS 11
APPENDIX A School District of Janesville Fee Schedule
APPENDIX B City of Janesville-Recreation Division Fee Schedule
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CITY OF JANESVILLE
AND
SCHOOL DISTRICT OF JANESVILLE
FACILITY USE AGREEMENT
This Agreement is made by and between the City of Janesville, a Wisconsin Municipal Corporation
located in the County of Rock conducting its principal business at 18 North Jackson Street
(hereinafter the “CITY”); and
The School District of Janesville, a unified school system located in the County of Rock conducting
its principal business at 527 South Franklin Street, Janesville, WI, (hereinafter the “SCHOOL
DISTRICT’).
RECITALS
WHEREAS, the CITY is the owner of a variety of public facilities including, but not limited to,
athletic fields, tennis courts, parks and park facilities, golf courses (leased), a sports and
convention center (leased), outdoor pools and an arboretum; and
WHEREAS, the SCHOOL DISTRICT is the owner of a variety of school facilities including, but not
limited to, indoor pools, gymnasiums, auditoriums, class rooms, weight rooms, cafeterias and
exterior developed grounds including athletic fields and playground facilities; and
WHEREAS, the CITY and the SCHOOL DISTRICT have an interest in using each other's facilities
for the purpose of conducting sports and recreational programs for youth and adults, community
events and other leisure opportunities within the scope of services of the respective agencies; and
WHEREAS, the SCHOOL DISTRICT's Recreation Department left the jurisdiction of the SCHOOL
DISTRICT in January 1979 and became a part of the CITY and correspondingly the SCHOOL
DISTRICT became a unified school district within the State of Wisconsin; and
WHEREAS, since January 1979 the CITY and the SCHOOL DISTRICT have been using each
other's facilities; and
WHEREAS, it is in the best interest of the CITY, SCHOOL DISTRICT and community, and their
residents and guests, to continue to use and mutually exchange use of public facilities; and
WHEREAS, it is in the best interest of the CITY and SCHOOL DISTRICT to establish a written
agreement that sets forth a framework for allocating use of facilities by and between the parties
and the specific conditions, understandings and obligations of such use;
NOW, THEREFORE, in consideration of the fulfillment of the obligations of each of the parties
hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby
acknowledged, IT IS MUTUALLY AGREED AND PROMISED, by and between the CITY and
SCHOOL DISTRICT as follows:
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I. TERMS OF AGREEMENT
1. The initial term of this agreement shall be for three (3) years commencing on
September 1, 2025 and ending August 31, 2028.
2. This agreement shall automatically renew for up to three (3) additional terms of
one (1) year each following the initial term, unless either party provides written
notice of non-renewal at least sixty (60 days before the end of the then-current
term. Any modifications to this agreement must be made in writing and
mutually agreed upon by both parties.
II. PREMISES
1. Included: All current and future structures, buildings, facilities, and property
used for athletic /educational/recreational programming of the parties shall be
subject to the terms of this agreement, unless specifically excluded in whole or
part herein.
2. Partially Included: The following facilities of the parties are subject to the terms
of this agreement only to the extent stated below:
a. Craig and/or Parker High School may use up to six CITY tennis courts
located west of Mohawk Drive in Palmer Park for practices and up to nine of
such CITY courts for meets. Whenever possible, a portion of such CITY
tennis courts shall remain available for public use.
3. Excluded: The following facilities of the parties are not subject to the terms of
this agreement:
a. CITY's Youth Sports Complex: This facility is not a part of this Use
Agreement because the CITY has leased this site to various youth sports
organizations. However, the SCHOOL DISTRICT may request use of this
facility without priority under the terms of this agreement, by making proper
application to the Youth Sports Organizations.
b. CITY's Veteran's Memorial Baseball Field at Riverside Park: This facility has
a separate lease agreement for the SCHOOL DISTRICT.
c. CITY’s Monterey Stadium: This facility has a separate lease agreement for
the SCHOOL DISTRICT.
d. Dawson Softball Complex: This facility is generally not utilized by the
SCHOOL DISTRICT. However, if needed, the SCHOOL DISTRICT may
request use of the field(s). Reservations are subject to availability, and the
SCHOOL DISTRICT will be responsible for paying the applicable or
negotiated fees based on the requested timeframe.
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e. Event/Equipment Rental Fees: Equipment rental fees, weekend pavilion
rentals and special event fees for public events, parades or run-walks held
on city- owned property must be paid at the time of reservation.
f. Robert O Cook Arboretum: The facility has a separate lease agreement for
the SCHOOL DISTRICT regarding the Janesville School Outdoor Lab .
g. CITY’s Golf Courses: The two City-owned golf courses (Blackhawk Golf
Course and Riverside Golf Course) are leased to a management company.
However, the SCHOOL DISTRICT may request use of the courses. Golf
rounds and cross-country meet reservations shall be negotiated directly with
the Golf Course Manager. Use is subject to availability and the SCHOOL
DISTRICT will be responsible for paying applicable or negotiated fees.
h. Non-Ice Areas of Woodman’s Sports & Convention Center (Woodman’s
Center): The Woodman’s Center is under the management of a third-party
management company. The SCHOOL DISTRICT may request use of the
non-ice areas at the Woodman’s Center. Use is subject to availability and
the SCHOOL DISTRICT will be responsible for paying applicable and
negotiated fees.
III. HOURS OF USAGE
1. Based on past usage of SCHOOL DISTRICT facilities by the CITY,
the following annual maximum usage levels are established for the
CITY'S usage of SCHOOL DISTRICT facilities:
Type of Facility/Activity Maximum Usage Level (9/1 to 8/31)
Swimming Pools 50 hours
Gymnasiums 500 hours
Auditoriums/Cafeterias 125 hours
Classrooms 150 hours
2. Based on past usage of CITY facilities by the SCHOOL DISTRICT, the following
annual maximum usage levels are established for the SCHOOL DISTRICT's
usage of CITY facilities:
Type of Facility/Activity Maximum Usage Level (9/1 to 8/31)
Hockey Ice Time 125 hours at a reduced rate*
Tennis Court Use 1,500 single court hours
Pavilions 70 rentals
Green Space/Park Fields 50 hours
*The reduced rate for ice time shall be $125/hour for the first year of the
agreement and is subject to annual adjustments as noted in Section 7.3.
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IV. SCHEDULING USE OF FACILITES
1. Priority of Requests for Facility Use.
a. Each party may allocate the use of its own facilities first to its own programs
and activities.
b. Each party shall give first priority for the use of its facilities, aside from such
a party’s own use to the other party as to timely delivered Request for
Facility Use (defined below).
c. Any request for facility use outside the established deadlines may be
considered at the facility owner party’s discretion, with or without priority,
alongside requests from nonparties.
d. Exceptions to this allocation of priority between the parties with respect to
certain programs and activities and/or facilities are stated in Subsection 3
below.
2. Annual Requests for Facility Use. Each year, on or before May 1st, the CITY
and SCHOOL DISTRICT shall submit their respective written Requests for
Facility Use (defined below) for the subsequent school year, which runs
September 1st through August 31 (herein after "School Year"). Each "Request
for Facility Use" must include the following details:
a. The Program(s) or Activity(ies)
b. Site Location(s)
c. Specific Rooms and Facilities
d. Dates
e. Times Needed
The annual Request for Facility Use must cover all anticipated uses of the other
party’s facilities during the subsequent School Year, except those specific
Requests for Facility Use described below.
3. Specific Requests for Facility Use. In the event facility use, cannot be
reasonably requested within an annual Request for Facility Use, requests shall
be specifically made according to the following terms:
a. CITY Woodman’s Sports & Convention Center (Woodman’s Center): The
Woodman’ s Center is operated by a CITY hired management company
requiring all scheduling of ice time or other use of the facility by the
SCHOOL DISTRICT to be done directly with the facility’s General Manager.
The SCHOOL DISTRICT shall submit its request for ice time or other use
annually no later than May 1 each year for the subsequent school year. The
General Manager will consider the request and allocate ice time reasonably
without priority for use as stated above due to the various home user
groups. Usage of the facility will also be subject to the policies and
procedures for reserving the facility in effect at the time of usage. A
separate user agreement between the SCHOOL DISTRICT and
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management company further defining the terms and conditions of this
usage is anticipated.
4. Review and Approval Process. The CITY and SCHOOL DISTRICT must notify
the other in writing within ten (10) days of receiving a Request for facility use if a
conflict prevents full or partial approval. The notice must specify the nature of
the conflict. If no notice is given within that time, the request is deemed
approved.
a. Upon receiving a conflict notice, the submitting party may submit an
amended request within ten (10) days. The other party shall provide
relevant facility schedules to assist. Amended requests will be considered
timely requests for facility use and should be approved if facility available.
b. Changes/Amendments and Cancellations: Late requests and requests for
scheduling changes or cancellations must be directed to the CITY’S
Recreation Director or their designee and the SCHOOL DISTRICT’S Chief
Financial Officer or their designee. The original request and approval cannot
be amended without the written consent of the other party.
These requests will be treated as new, third-party requests and prioritized at
the facility owner’s discretion. In the event a facility becomes unavailable as
outlined in Subsection 6, due to unforeseen circumstances or renovation, at
least six (6) months’ notice, or as soon as possible, must be given. A
displaced party’s rescheduling request will be considered a timely request
and prioritized over third-party requests under Subsection 1.
c. There is a 14-day ice give back policy that will be in place at the Woodman’s
Center that must be adhered to or rental hours will be considered used or
fees incurred.
V. ACCESS TO FACILITIES
1. When appropriate and consistent with the facility’s owner’s procedures, the CITY
and the SCHOOL DISTRICT may exchange keys, badges or codes for authorized
access. Most facilities will be open during scheduled use, so key exchange is
typically unnecessary. If keys or badges are issued, each party is responsible for
providing the other with updated access credentials as needed. Keys may be
retained between seasons but must not be duplicated with out the facility owner’s
consent. If a party loses a key or badge, they are solely responsible for all related
costs, including re-keying, replacing locks, or issuing new badges. Losses must be
reported to the other party within 24 hours of discovery.
2. SCHOOL DISTRICT buildings will remain secured; however, a
custodian will be on duty during scheduled use times to ensure
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convenient access for participants, spectators, and program staff to
the designated facility areas.
VI. MAINTENANCE
1. Routine Maintenance. The CITY and SCHOOL DISTRICT shall each provide
routine and customary maintenance to their respective facilities to ensure they
remain safe and usable. Maintenance includes, but is not limited to, custodial
tasks, cleaning, sweeping, washing, and preparing buildings and grounds
replacing light bulbs, and repairing facilities and equipment.
a. Facility Preparation. Each party shall ensure its facilities are ready for the
other party’s scheduled use. (For example, the CITY will install tennis nets
and resurface ice at the Woodman’s Center, and the SCHOOL DISTRICT
shall clean and prepare school facilities after school events and set up
volleyball nets or basketball hoops, along with score board needs prior to
CITY use).
b. Arboretum Maintenance. At the Robert 0. Cook Memorial Arboretum the
CITY will maintain the access road and gates at its own cost and the
SCHOOL DISTRICT shall maintain the trails, facilities and the log cabin,
including utilities, at its own cost. Refer to the July 1, 1998 Letter of
Agreement for more information regarding the Log Cabin.
2. Repairs and Renovations. Each party shall repair and renovate its own
facilities, at their sole expense, when deterioration occurs due to normal wear
and tear. Timely repairs must be made for any damage that presents a safety
risk or disrupts routine use.
3. Snow Removal. Each party is responsible for snow removal of its facilities to
ensure safe access for scheduled activities. However, the City will not plow the
Arboretum access road unless requested by the SCHOOL DISTRICT for a
specific program or event.
4. Damage Responsibility. If a facility or equipment is damaged by a participant,
employee or spectator during use by the other party, the using party may be
billed for repair costs and must pay promptly. The billed party may seek
reimbursement from the responsible individual.
5. Equipment Purchases. The joint purchase of recreational equipment is
acceptable and consistent with past practice, but neither party is obligated to
share in the cost of standard or specialized equipment purchased solely by the
other.
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VII. FINANCIAL RESPONSIBILITIES
1. General Operation. Each party shall be responsible for its own routine
operating and maintenance expenses throughout the term of this agreement
and any extensions, unless otherwise stated herein.
2. Staffing Costs. Joint facility use should normally occur during regularly
staffed hours. However, some activities (e.g., hockey games or rec nites)
may require off-hours scheduling, extended hours, or additional staffing. In
such cases, the agency that incurs overtime or additional staffing expenses
may bill the other agency for the actual costs, including fringe benefits a
standard hourly rate, if established, by providing written notice to the using
party within sixty (60) days of such use.
A facility owner may charge overtime costs to the using party only when the
using party causes the activity to extend beyond its scheduled end time.
Programs will not be cut short, solely due to delays or potential additional
costs. For example, the CITY is scheduled to use a SCHOOL DISTRICT
gym from 7:00-8:00 p.m., but cannot begin until 8:00 p.m. due to a SCHOOL
DISTRICT event running late, the CITY uses the gym until 10:00 p.m., only
one hour of overtime may be charted to the CITY. The CITY is not
responsible for the overtime caused by the SCHOOL DISTRICT event
running late.
Additional overhead expenses associated with Off-Hours use, such as those
associated with equipment and vehicle rentals, may also be billed to the
using party.
3. Rate Schedule. The CITY and SCHOOL DISTRICT shall annually provide
each other with their respective rate schedules.
a. Appendices A & B detail the current prices, costs, and/or fees for
reservable facilities. Each party may adjust its reservation fees annually
by up to ten percent (10%), effective on September 1st of the
subsequent year. Notice of any facility price change must be given by
August 1 of each year. Due to the CITY’s annual fee approval timeline,
proposed CITY fees will be shared with the SCHOOL DISTRICT by
August 1. Finalized CITY fees will be provided after approval, typically by
the end of November.
b. SCHOOL DISTRICT hockey games may require the CITY’s Management
Company to schedule additional employees for supervision, moving nets,
cleaning bleachers, restroom maintenance, and/or post-event cleaning.
They may invoice the SCHOOL DISTRICT for such additional labor
within sixty (60) days of incurring such additional labor costs and
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payment shall then be immediately due. In addition, any playoff games
paid for by the WIAA are not included in the facility use agreement. The
SCHOOL DISTRICT must pay the WIAA standard game rate to the
applicable facility.
VIII. CANCELATIONS
1. The facility owner may unilaterally cancel a scheduled activity at its facility(ies).
However, both The CITY and SCHOOL DISTRICT shall take reasonable and
prudent steps to ensure their facilities remain available as scheduled. If a
cancellation or delay is necessary due to unforeseen circumstances (e.g.,
inclement weather or school closure), the facility owner shall notify the using
party as soon as practical to allow for rescheduling or delay.
2. The party canceling a program or activity at its facility(ies) shall not be
responsible for lost revenue such as gate receipts, or for any other
inconveniences, (direct, indirect, consequential) or other damages to the other
party or to any nonparty, caused when an activity is canceled, even upon very
short or no prior notice.
3. Cancellations due to emergencies or inclement weather, made by the party
scheduled to use a facility will not be charged to such cancelling party.
Cancellations by such party less than five (5) days in advance of the s cheduled
activity for reasons other than emergencies or inclement weather may be
charged by the facility owner party against use time.
4. If weather conditions are questionable, the facility owner has sole discretion to
decide whether the facility will open for the scheduled recreational activity.
IX. COMPLIANCE WITH LAWS
1. The CITY and SCHOOL DISTRICT shall, at all times, fully comply with and
obey each and every applicable rule, regulation, law, ordinance, code, statute
and order of any governmental unit, body, and court lawfully exercising authority
over the CITY and SCHOOL DISTRICT.
X. INSURANCE
1. The CITY and SCHOOL DISTRICT shall obtain, and at all times maintain at
their own expense, liability insurance for bodily injury, personal injury and
property damage coverage with a limit of not less than Five Million Dollars
($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) aggregate
per occurrence. The use of an umbrella policy to provide this coverage amount
shall be acceptable. The insurance required by this sub- section shall not have
an athletic participant exclusion. Such policy(ies) shall each name the other
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party as an additional insured or co-insured and shall cover each and every of
the CITY's and SCHOOL DISTRICT's respective elected and/or appointed
officials, officers, employees, and agents. Copies shall be provided upon
request.
2. The CITY and SCHOOL DISTRICT shall, at all times, provide and at all times
maintain solely at their own respective expenses, real and personal, property
insurance on a replacement cost basis for their respective buildings and any
and all equipment and supplies located on the premises. The property limits
provided shall be at a minimum of ninety percent (90) of the replacement cost
values of the buildings, equipment, and supplies.
3. Nothing in the agreement shall be construed to authorize or permit any property
insurer of the CITY or the SCHOOL DISTRICT to be subrogated to any right of
the CITY or SCHOOL DISTRICT against the other arising under this agreement.
4. The provisions of this Section shall survive this agreement for not less than
seven (7) years after the termination or expiration of th is agreement and any
and all renewals and extensions hereof.
XI. MISCELLANEOUS
1. Equipment Storage. Subject to the reasonable availability of secure
space, the CITY and SCHOOL DISTRICT shall allow each other party
to store recreation equipment and supplies at facilities where programs
or activities occur. Each party is responsible for its own equipment; the
other party is not responsible for loss, theft, or damage. Stored
property shall be clearly marked to indicate ownership and may not be
relocated or used without the owner’s permission. At a minimum, the
SCHOOL DISTRICT shall allow the CITY to store two bags of sports
equipment at each middle school during the school year.
2. Woodman’s Center Locker Rooms. The CITY constructed varsity team
locker rooms at the Woodman’s Center, which are not reserved
exclusively for high school teams. However, both the Janesville
Bluebirds boy’s team and the Janesville Fury girls team will have
primary access to a team locker room and coaches office during the
hockey season. Teams may be requested to secure or move their
personal items and/or equipment if the locker rooms are needed for
tournaments or other events. The SCHOOL DISTRICT is responsible
for cleaning the locker rooms. There is no established locker room
rental or use rate.
3. This agreement shall be binding upon the parties hereto, their respective
successors, transferees and assigns.
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4. This agreement shall not be assigned or transferred, nor shall any obligations of
the CITY or SCHOOL DISTRICT be transferred to any other person or entity,
without the prior written consent of both parties.
5. This agreement shall be construed and enforced in accordance with the Laws
of the State of Wisconsin.
6. This agreement may be modified or amended only upon the mutual written
agreement of the CITY and the SCHOOL DISTRICT.
7. This agreement shall not be varied or waived by any oral representations or
promise of either party or its agents. Each and every modification and
amendment hereto shall be in writing, agreed to, and executed by both parties.
8. This agreement may be terminated at any time upon the written agreement of
both the CITY and the SCHOOL DISTRICT.
9. The CITY and SCHOOL DISTRICT shall be responsible for spectator and crowd
control at their respective programs and activities.
10. The staff of the Recreation Division of the CITY and the staff of the SCHOOL
DISTRICT Building and Grounds Department shall meet at the request of one of
the parties to discuss any problems or concerns relative to use by the parties.
11. Delivery of Requests for Facility Use/Notices. Except as specifically
modified herein, the CITY's Requests for Facility Use, notices and all
documents or correspondence related to this agreement shall be
addressed and mailed to or sent electronically to the Business Services
Office of the SCHOOL DISTRICT. Except as specifically modified
herein, the SCHOOL DISTRICT's Requests for Facility Use, notices
and all documents or correspondence related to this agreement shall be
addressed and mailed to/sent electronically to the Recreation Director
of the CITY.
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APPENDIX A
SCHOOL DISTRICT OF JANESVILLE FACILITY USE INFORMATION &
FEE SCHEDULE
https://www.janesville.k12.wi.us/departments/business-services/facility-use-
information
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APPENDIX B
CITY OF JANESVILLE RECREATION DIVISION
FEE SCHEDULE
Separate Attachment Provided