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HomeMy WebLinkAboutContracts & Agreements_37-1986_CCv0001.pdf JOINT USE AGREEMENT RED Da HIGH SCHOOL THIS AGREEMENT is made and entered into this 4th day of Nnvpmhpr 1986, 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 Redlands High School located at 840 East Citrus Avenue. b. District owns the school grounds which currently include a running track and tennis courts located on the north- east corner of said property. C. it is in the public interest to both parties to share jointly in the development and maintenance of the running track and the tennis courts of said school grounds as hereinabove described in order to fully utilize said grounds for the benefit of the inhabitants of District and 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 recreational programs. e. The parties hereto enter into this agreement pursuant to the co-operation among public authorities law (Education Code section 10905) , and other provisions of law. 2. TERM The term of this agreement shall be for a period of twenty (20) years commencing September 15, 1986, and ending on September 15, 2006, unless sooner cancelled as hereafter provided. The term may be extended from time to time by 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 for the tennis courts and running track described above in order to provide multi-use recreational programs on the above described school grounds. Any improvements constructed by City hereunder shall be in accordance with specifications acceptable to District and pursuant to the joint requirements of the parties hereto. 4. LOCATION AND OWNERSHIP The installed improvements as provided herein shall be maintained and shall at all times be and remain the property of City, subject to District' s right to use the facilities as provided herein. District may, at its discretion, add improve- ments to the school grounds. 5. COST OF CONSTRUCTION City shall assume and pay all cost of construction to provide recreational program improvements. 6. WATER AND ELECTRICITY District shall supply and bear the cost of all water used to maintain the facilities 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 water meter and the installation thereof. As City-sponsored programs and District-sponsored programs for the use of the facilities at night occur , City and District shall agree to an allocation of the cost of all electricity used for illuminating the tennis courts and the running track. 7. 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 During any period in which City is sponsoring a program upon the above-described tennis courts, City shall be responsible for maintaining the tennis courts. Maintenance shall include, but not be limited to, washing off the courts, sweeping the courts, and resurfacing of courts on a rotating schedule as determined by City in its discretion. District shall be responsible at all times for maintaining the jogging track and inner field; provided, however, that City shall be responsible for maintenance of lighting facilities. 9. PROOF OF VANDALISM Willful damage to the tennis courts and jogging track and all appurtenances shall he investigated by a representative from District and a representative of City to determine when the damage occurred. City will be responsible for the repair of all Joint Use -Aqreement Page 2 damage occurring during nonschool hours or as a result of all nonschool-sponsored programs. if it cannot reasonably be determined when the damage occurred, the cost of saidrepair shall be divided equally between the parties. 10. USE OF FACILITIES The 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 and jogging track must be on file with District. 11. SAFETY The facilities at all times are to be operated in accordance with established safety standards. District and City representa- tives agree to report any and all safety hazards to City. City shall be responsible for correcting any identified safety hazards relating to equipment owned by City. 12. HOLD HARMLESS City agrees to indemnify and hold District harmless, and to defend any lawsuits filed against District, from any loss, liability, claim, suit or Judgment resulting from work done or omitted by City in carrying out this agreement, including the period of City' s installation, repair , maintenance, or replacemnt of any improvements under this agreement. Additionally, City agrees to indemnify and hold District harmless, and to defend any lawsuits filed against District, from any loss, liability, claim, suit or judgment arising out of public use of the aforementioned facilities during nonschool hours or as a result of all nonschool-sponsored programs. District agrees to indemnify and hold City harmless, and to defend any lawsuits filed against City, from any loss, liability, claim, suit or judgment resulting from work or acts done or omitted by District in carrying out this agreement. Additionally, District agrees to indemnify and hold City harmless, and to defend any lawsuits filed against City, from any loss, liability, claim, suit or judgment arising out of use of the aforementioned facilities subject to this agreement during school hours or during school-sponsored programs. These provisions are included in accordance with Government Code section 895. 4, and are applicable to all parties hereto to the extent authorized by law. Joint Use Agreement Page 3 13. INSURANCE City and District shall maintain adequate liability insurance or shall self-insure for property damage and bodily injuries arising out of their respective liabilities under this agreement. Each party shall name the other as additional insured on any such policies. 14. CANCELLATION AND OPTION City shall have the option to discuss the purchase of the tennis courts and grounds hereinabove described in the event District, in its sole discretion, determines that the grounds are no longer needed for District' s purposes. In the event the school grounds are sold by District, either party 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 delivery of the written notice to the other party. 15. NONASSIGNABLE Both parties agree not to assign any right or privilege connected with this agreement. Any and all contractees of City are subject to any and all sections of this agreement pertaining to City. 16. FUNDING SOURCES It is understood and agreed by the parties hereto that the terms and provisions of all grants obtained by either party for improvement of the facilities subject to this agreement must be approved and agreed to by both parties. 17. REVENUES Any and all revenues generated by City programs at the aforementioned sites shall be utilized to offset the costs of maintenance and operations. 18. 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 REDIANDS REDLANDS t WIFIED SCHOOL DISTRICT Community Services Departme-nt Superintendent's Office P.O. Box 280 P.O. Box 1008 Redlands, CA 92373 Redlands, CA 92373 Joint Use Agreement Page 4 19. 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 REDLANDS UNIFIED SCHOOL DISTRICT 40 CIL, tk" I Carole Beswick, Mayor W1 aM-- E. n g h a m Chairman ATTEST: City t"yer} APPROVV- ARS rO TFM D U T JUN"I.. RKS M 'C�"� i� 0 NTY COUNSE 4 BE0;PUN Qt�'T.Y,��ALFOF:NJA Y JET B A DE"'PUTY Joint Use Aqreement Page 5