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HomeMy WebLinkAboutContracts & Agreements_31-1988_CCv0001.pdf lu jOINT USE AGREEMENT CRAFTON ELEMENTARY SCHOOL TILTS AGREEMENT is made and entered into this 7th day of J� ter 1988, by and between the CITY OF RE" LANDS, a riamnicipal corporation, hereinafter referred to as "City," and the REDLANDS UNIFIED SCIROOL DISTRICT, a public school district, hereinafter referred to as "District." CITY kND DISTRICT AGREE AS FOLLOWS: 1n RECITALS A. District owns a school in the City of Redlands described as Grafton Elementary School located at 311 North Wabash Avenue. B. District owns the school grounds which currently include a parking lot, open field areas and hardscape play courts. C. It is in the Public interest to both Parties to share Jointly in the development and maintenance of the open field areas and hardscape play courts located north of the school buildings 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 iointly 4-n the further develoDment and the maintenance of said school grounds in order to provide for school activities and additional recreational programs. E. The parties hereto enter 41'rito this Agreement pursuant to the cooperation among public authorities law (Education Code Section 10905) , and other provisions of laur. 2. TERM The term of this Agreement shall be for a period of twenty (20) years commencing Septezber , ZS, and ending on unless sooner canceled as bereir-after provided. The term may be extended from time to tine by mutual written Agreement of the parties. 3. DESIGN AND INSTALLATION OF iMPROVEEMIENTS City shall be permitted to design and construct or install necessary apparatus and structures for the above described school grounds in order to provide multi-use recreational programs on said school grounds. . oint Use Agreement - C afton Page 2 of 4. LOCATION AND OWNS PIP The installed improvements as provided herein shall be maintained and stall at all tines 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 improvements to the school, grounds. s COST OF CONSTRUCTION IO City shall assume and Pay all costs of construction to provide recreational program improvements. 6. WATER AND ELECTRICITY District shall supply and bear the cast of all water used to maintain the facilities 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 eater meter and the installation thereof. City shall be responsible for installation of any necessary electrical meters and for all electricity charges. As District- sponsored programs for use of facility at night occur, City and. District shall agree to an allocation of all electricity used.. City shall install additional fencing that may become necessary for the use of the programs 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 on the above-described fields, City shall be responsible for maintenance and clean-up of fields and structures relating to City use, including, but not limited to, marking grass areas and any other preparation the City desires for athletic events. City will provide adequate trash receptacles, and be responsible for pick-up of litter after City-approved events and emptying receptacles on a regular basal. District will be responsible for maintenance of fields as is currently required for District activities. District and City shall agree to an allocation of costs of repairs and maintenance of apparatus and structures, which are used by both the Citi, and Districts Joint Use agreement -- Crafton Page 3 of PROOF OF VANDMI,I SM iliful damage to the said field shall be investigated by representatives of City and District to determine w-hen damage occurred. City will be responsible for the repair of all damage occurring during non--school hours or as a result of all non.-school--sponsored programs. If it cannot reasonably be determined when the damage occurred, the cost of said repair shall be divided equally between the parties. IC. USE OF FACILITIES The Facilities shall operate for the benefit of the public and shall be available to area residents during established hours of operation as agreed to by the City and District. luring school hours and school related.-activities, said facilities shall not be used by the general. public. Auer school hours and school related activities, on weekends, and on designated holidays, said facilities shall he made available for use by the general public. A "Use of School Facilities Application" for the use of the field must be on file with the District. 11. SA `fY The facilities at all times are to be operated in accordance with established safety= standards. District and. City representatives agree to report any and all safety hazards to City. City shall be responsible for correcting any identified, safety hazards relating to equipment 0-imed by City. I2� HOLD HARMLESS City agrees to indemnify and hold District harmless, and to defend anv lawsuits filed. against District, from any loss liability, claim, suit or Judgment resulting from work done or omitted by City; in carrying out this Areement, including the period of City's installation, repair, maintenance, or replacement of any in rovements under this Agreement. Additionally, City agrees to indemnify and hold ham ess, and to defend any lawsuit or judgment filed against District, from any loss, liability, claim suit or judgment arising out of public use of the aforementioned facilities during hors.-school hours, or as a result of all non-school-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, liabil tv, 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 Cade Section. 895.4, and are applicable to all parties hereto to the extent authorized by laws Joint Use Agreement - Cra-fton Page 4 of 5 13. INSURANCE City and District shall maintain adequate liability insurance or shall self-in-sure for property damage and bodily injuries arising out of their respective liabilities under this Agreement. Each party shall .naTqe the other as additional insured on any such policies. 14. CANCELLATION AN-D OPTION Subject to all provisions of the law relative to the sale of school property, City shall have the option to discuss the purchase of the 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 canceled, in which event City shall be entitled, to remove any improvements constructed by City. 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 are subject to this Agreement and must be approved and agreed to by both parties. 17. REVENTUTES Any and all revenues generated by City programs at the aforementioned site shall be utilized to offset the costs of conducting the programs. 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 LA TM REDTANDS UNIFIED SCHOOL DISTRICT Community Services Dept. Business Services P.O. Box 2090 P.O. Box 1008 Redlands, CA 92373 Redlands, CA 92373 Joint Use Agreement Crafton Page 5 of 5 19. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the parties hereto, and said Agreement can only be amended by written Agreement executed by both parties. IN WITNTESS WMEREOF the parties hereto have executed this Agreement or, the date first hereinabove written. CITY OF EELNDSREDLANDS UNIFIED SCHOOL DISTRICT R-a—vor oar d 'oTEd'ucation/T)esignee Donald E. Stark Ass't. Supt. , Business Services Date: August 24, 1988 ATTEST: %92 C its C erk