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HomeMy WebLinkAboutContracts & Agreements_37-1985_CCv0001.pdf (Clement Jr. High School) THIS AGREEMENT is made and entered into this _:Ll Li_ day of June 1985, by and between the CITY OF REDLANDS, a municipal corporation, hereinafter referred to as "City", and the REDLANDS UNIFIED SCHOOL DISTRICT. a public school district, hereinafter referred to as "District". City and District agree as follows: 1. RECITALS a) District owns a school In the City of Redlands described as Clement Junior High School located at 501 East Pennsylvania Avenue. b) District owns the schoolgrounds which currently include a total of six (6) tennis courts located on the northeast corner of said property. c) It is in the public interest to both parties to share Jointly in the development and maintenance of the tennis courts of said school grounds as hereinabove described in order to fully utilize said grounds for the benefit of the inhabitants of the District and the City. d) Both parties hereto desire to share jointly in the further develop- ment and the maintenance of said school grounds in order to provide for school activities and additional tennis programs. e) The parties hereto enter into this agreement pursuant to the joint exercise of powers law (Government Code Section 6500, et seq.), and other provisions of law. f) Engineering plans for electrical improvements have been paid for by Community Development Block Grant Funds. 2. TERM The term of this agreement shall be for a period of twenty (20) years commencing jun,g� 11 , 1985 and ending on June 11 , 2005. The term herein provided may be extended from time to time by the mutual written agreement of the parties. 3. DESIGN AND INSTALLATION OF IMPROVEMENTS City shall be permitted to design and construct or install necessary apparatus and structures in order to provide multi-use tennis programs on the school grounds hereinabove described. Any improvements constructed by City hereunder shall be in accordance with District's specifications and the joint requirements of the parties hereto. 4. LOCATION AND OWNERSHIP The installed improvements as provided herein shall be maintained on the aforedescribed tennis courts and shall at all times be and remain the property of the District, subject to City's right to use the facilities as provided herein. District may, at its discretion, add improvements to the tennis courts. -5. COST OF CONTSTRUCTIONT City shall assume and pay all cost of construction to provide tennis court program improvements. 6. WATER AND ELECTRICIM7 District shall supply and bear the cost of all water used to maintain the tennis courts for the term thereof. If a water meter is necessary to enable a billing to District for said water, District shall, at its expense, provide for such a water meter and the installation thereof. If and when, because of improve- ments, City shall hear the cost of all electricity used for illuminating the tennis courts and the imrediate area.. City shall be responsible for installation of any necessary electrical meters and for all electricity charges. In the event that the District closes Clement Junior High School, the City shall assume all charges and responsibility for water, electricity and maintenance of all parts of the tennis court facilities under the agreement. 7. FEUNIXG City shall install additional fencing that may become necessary for the use of the tennis program at the aforementioned site. The location of the fences shall be made by City with prior written approval of District and in accordance with District's specifications. S. N I A I='�;NTC E City shall be responsible for the maintenance of the tennis courts which in- cludes, but are not limited to, the washing off of courts, sweeping off courts, resurfacing of courts on a rotating schedule. 9. PROOF OF VA11MITI Willful damage to the tennis courts and all its appurtenances shall be invest- igated by a representative from the District and by a representative of the City. If adequate proof for damage can be determined to be that of school related pro- grams or activities, then the cost of repairs for said damage shall be borne by the District. 10. USE OF FACILITIES The tennis court facilities shall operate for the benefit of the residents of the Redlands, Target Area and shall be available to area residents during established hours of operation as agreed to by City and District. During school hours, said facilities shall not be used by the general public. After school hours, weekends, and on designated holidays, said facilities shall be made available for use by the general public. A "Use of School Facilities Application" for the use of the tennis courts must M on file with the District. 11. SAFETY The facility at all times is to be operated in accordance with established safety standards. District and City representatives agree to report any and all safety hazards to the City. City shall be responsible to correct any identified safety hazards. 2 12. IULD ILATff=- S City agrees to indemnify and hold District and San Bernardino County, 7 (if funding sources are county regulated), harmless from any loss, liability, claim, suit or judgment resulting from work done or orinit-ted by the City in carrying out this agreement. Additionally, the City agrees to indemnify and hold District and County h=.-less from an7,(- loss, liability, claim, suit or jud47ent arising out of nub14C Use Of the tennis courts by members of the public when school is not in session, and said grounds are not in use for a school-sponsored event. District agrees to indemnify and hold Citv and County of San Bernardino hairilless from any loss, liability, claim, suit, or jud4rc-nt resulting from work or acts done or ami ted by District- in carrying out this agreement. The pro- visions are included in accordance -,xith Goverrzent Code Section 895.4 and are applicable to all parties hereto to the extent authorized by 1mv. -Additionally, the District agrees to indemnif'- and hold City and County harmless from any loss, .Y - - liability, claim, suit or iudgment arising out of use of the tennis courts by this agreement when school is in session or during school-sponsored events. 13. CA.NCzr7j_A7LI0_N :M 0PT10_7NT City shall have the option to discuss the purchase of the tennis court grounds herinabove described in the event the District, in its sole discretion, determines that Clement Junior High School is no longer needed for District's purposes. In the event the school grounds are sold by District, District may declare this agreement to be cancelled, in which event City shall be entitled to remove any improvements constructed by City. This agreement may be cancelled by either party upon notice in writing. The cancellation of the agreement shall become effective 60 days after the issuance of the letter of intention. 14. -NON-ASS IGiABLE Both parties agree not to assign any right or privilege connected with this agreement. any and all contractees of the City are subject to any and all sections of this agreement under City. 15. FL-ND ING SDL=S It is understood and agreed by the partes hereto that the tent and pro- visions of all grants obtained by either pa-r-ty, must be approved and agreed to by both parties. 16. RE,, :ES -Any and a.11 revenues generated by City programs at the aforerentioned site shall be utilized to offset the costs of maintenance and operations. 3 1), NOTICES All notices herein required shall be in writing and delivered in person or sent by first class mail, postage prepaid, addressed as follows: CITY OF REDLANDS REDLANDS UNIFIED SCHOOL DISTRICT Community Services Dept. Superintendent's Office P. O. Box 280 P. O. Box 1008 Redlands, CA 92373 Redlands, CA 92373 ENTIRE AGREEMENT This agreement represents the entire agreement between the parties hereto, and said agreement can only be amended by a written agreement executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. CITY OF REDLANDS z' Carole Beswick, Mayor REDLANDS UNIFIED SCHOOL DISTRICT ATTEST: Clerk 4