WHITAKER MIDDLE SCHOOL

       USE AGREEMENT

1.  Portland School District No. 1 ("District") hereby grants the City of Portland Police Bureau ("City) permission to use free of charge the facilities and premises at Whitaker Middle School ("Whitaker") located at 5700 N.E. 39^th Ave, Portland for training activities conducted by the Portland Police Bureau Training Division.

2.  In order to mitigate concern in the Whitaker neighborhood, the City agrees to make a reasonable attempt to notify all neighbors in the immediate area of the school building along N.E. 39^th Ave, along with the community organizations identified in Exhibit #1 (attached) of the dates, times and nature of proposed training activities at Whitaker.

3.     The District agrees that the City can use non-lethal simunition weapons
(weapon simulators) while conducting training inside the Whitaker facility.
The District agrees that the City shall not be required to reimburse the
District for incidental damage done to the Whitaker facility that reasonably
arises from the training activity.

4.   The City hereby acknowledges that the District has disclosed the
existence of complaints regarding indoor air quality at Whitaker, including
the existence of a pending lawsuit alleging personal injury to students from
exposure to the indoor air at Whitaker. The City accepts the facilities and
premises at Whitaker "as is" and acknowledges that the District has not made
any representations as to the conditions of the facilities and premises at
Whitaker.

5.    The City is a self-insured government entity under the laws of the State
of Oregon. The City shall be responsible for any claim from a third party
arising from the negligence, errors or omissions, or willful misconduct of
the City or its officers, agents, and employees during law enforcement
training. Subject to the damage limitations set forth in the Oregon
Constitution and the Oregon Tort Claims Act, the City agrees to release,
indemnify, defend and hold harmless the District and its officers, agents,
and employees, against all claims connected with any negligent acts, errors
or omissions, or willful misconduct of the City or its officers, agents and
employees during law enforcement training. Subject to damage limitations
set forth in the Oregon Constitution and the Oregon Tort Claims Act, the
City further agrees to reimburse the District for damages to District
property connected with any negligent acts, errors or omissions, or willful
misconduct of the City or its officers, agents and employees during law
enforcement training.

6.  The City or the District may terminate this agreement without cause upon thirty (30) days prior written notice. This agreement may be terminated by mutual agreement of the parties.

7.  This agreement shall become effective upon the date of the last signature below and shall continue until June 30, 2003, unless terminated by either party as provided in paragraph 6, above.

PORTLAND SCHOOL DISTRICT NO. 1

By: _______________________________

Title: ______________________________      Date: ____________________

PORTLAND POLICE BUREAU

By: _______________________________

Title: ______________________________      Date: ____________________

APPROVED AS TO FORM: _____________________________________

         Deputy City Attorney