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HomeMy WebLinkAboutContracts & Agreements_44-1987_CCv0001.pdf 4 JOINT POWERS AGREEMENT (Cope jr . High School THIS AGREEM117NT is made and entered into this November , y and between the CITY DE REDLANDS, a runicip corporation, hereinafter referred to a "City," and the REDD iDS ;,,ITEIED SCHOOL DISTRICT, a public school district, hereinafter referred to as "District." City and District agree as follows; RECITALS a District owns a school in the City of Redlands described as Cope Junior High School , located at 1000 West Cypress Avenue® b_1 District owns the schoolgrounds which currently include a total of six di tennis courts located on the northest 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 development 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 eq. ) , and other provisions of law. TERM The terra of this greerent shall be for a period of twenty 20) years commencing November 10, 1987, and ending on dune 30, 2007. The terra herein provided may be extended from time to time by the mutual written agreement of the parties, 2. DESIGN AND INSTALLATION CE 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 Districts specifications and joint requirements of the parties hereto. 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 o 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. . COST OF CONSTRUCTION City shall assure and pay all cost of construction to provide tends court program improvements. C, MATER AND ELECTRICITY District shall supply and bear the cost of all water used to maintain the tennis courts for the term thereof. If a eater meter is necessary to enable a billing to District for said water, District shall , at its expense, provide for such water meter and the installation thereof® If and when, because of improvements, City shall gear the cost of all electricity used for illuminating the tennis courts and the immediate area. City shall be responsible for installation of any necessary electrical meters and for all electricity charges. In the event that the District closes Cope 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, i4 FENCING 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. 8. MAINTENANCE City shall be responsible for maintaining the tennis courts. Maintenance shall include, but not be limited to; washing off the courts and sweeping the courts. g. PROOF OF VANDALISM Willful damage to the tennis courts and all its appurtenances shall be investigated by representatives of the District and the City. If, adequate proof for damage can be determined to be that of school related programs or activities, then cost of repairs of such damage shall be borne by the District. On the other hand, if adequate proof for damage can be determined to be that of City related programs or activities, then costs of repairs for such damage shall be borne by the City, IC. USE OF FACILITIES The tennis court facilities shall operate for the benefit of the residents of the Redlands 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 facil ties shall be made available for use by the general public, A "Use of School Facilities Application" for the use of the tennis courts must be on file with the District. II. 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 shah be responsible to correct any identified safety hazards. 2 V 12. HOLD HARMLESS City agrees to indemnity and hold District and San Bernardino County if funding sources are County regulated) , harmless from any loss, liability, claim, suit or judgment resulting from work done or omitted by the City in carrying out this Agreement. Additionally, the City agrees to indemnify and hold District and County harmless from any loss, liability, claim, suit or judgment arising out of public 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 City and County of San Bernardino harmless from any loss, liability, claim, suit, or judgment resulting from work or acts done or omitted by District -in carrying out this Agreement. The provisions are included in accordance with Government Code Section 895.4 and are applicable to all parties hereto to the extent authorized by law. Additionally, the District agrees to indemnify and hold City and County harmless from any loss, liability, claim, suit or judgment arising out of use of the tennis courts by this Agreement when school is in session or during school sponsored events. 13. CANCELLATION AND OPTION City shall have the option to discuss the purchase or deeding of the tennis court grounds hereinabove described in the event the District, in its sole discretion, determines that Cope Junior High Schooll 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 canceled, in which event City shall be entitled to remove any improvements constructed by City, This Agreement may be canceled by either party upon notice in writing. The cancellation of the Agreement shall become effective sixty (60) days after the date of the letter of intention giving such notice, 14. NON-ASSIGNABLE 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 the City. 15, FUNDING SOURCES It is understood and agreed by the parties hereto that the terms and provisions of all grants obtained by either party must be approved and agreed to by both parties. 16. REVENUES Any and all revenues generated by City programs at the aforementioned site shall be utilized to offset, the costs of maintenance and operations. 17. NOTICES All notices herein required shah be in writing and delivered in person or sent y first class, postage prepaid, addressed as follows; CITY OF REDLANDS RECLAS UNIFIED SCOL DISTRICT Community Services Department Superintendent's Office , . Rex 280 P.O. Box 1008 Redlands, CA 92373 Redlands, CA 92373 Ia 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 RE LA DS `argyle Beswick, Mayer RE LANDS UN T FIED SCHOOL DISTRICT Tar Hastens, si ess anacer ATTEST N s I t Clerk" 4