HomeMy WebLinkAboutContracts & Agreements_27-1993_CCv0001.pdf JOINT USE AGREEMENT
ORANGEWOOD HIGH SCHOOL i7
THIS AGREEMENT is made and entered into this Eleventh day of
Auviu-,t , 1993, by and between the CITY OF REDIAND-S, a-municipal
corporation,hereinafter referred to as "City," and the REDLANDS UNIFIED SCHOOL
DISTRICT, a public school district, hereinafter referred to as "District."
V
CITY AND DISTRICT AGREE AS FOLLOWS:
1. RECITALS
A. District owns a school in the City of Redlands described as Orangewood
High School located at 515 Texas Street.
B. District owns the ball fields with infield and open field area, as shown on the
attached map, incorporated herein as Exhibit A.
C. It is in the public interest to both parties to share jointly in the development
and maintenance of the ball fields with infield and open field area
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 recreational programs.
E. The parties hereto enter into this Agreement pursuant to the cooperation
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
August 11, 1993 August 10, 2013
Z> - , and ending on , unless sooner
cancelled as herei-n-a-ft-erprovided. The term may e eaten e rom 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 above described school grounds in order to provide multi-use
recreational programs on said school grounds, with prior written approval by the District.
Any improvements shall conform to District/State mandated specifications.-
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 improvements to the school grounds.
5. COST OF CONSTRUCTION
Cityv shall assume and pay all costs of construction to provide recreational programs
improvements.
Joint Use Agreement
Orangewood-Vigh School
Page 2
6. PARKING
District parking areas shall be available for city use when not in use by school or for
school-related activities. District and City may also enter into joint agreement for
additional parking off-site. Such agreement shall require separate authorization by City
and District. Hold harmless and insurance requirements set forth in this agreement shall
be applicable to any subsequent agreement pertaining to off-site parking.
7. WATER AND ELECTRICITY
City shall supply and bear the cost of all water used to maintain the field area, as
shown on Exhibit A, for the term thereof. It is understood that the water meter and
electricity for lights is being charged to the City. City shall be responsible for installation of
any necessary additional electrical and water meters and for all water and electricity
charges related to field use. As District-sponsored programs for use of facility at night
occur, City and District shall agree to an allocation of all electricity used.
8. FENCING
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.
9. 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 basis.
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 City and District.
10. PROOF OF VANDALISM
Willful damage to the said field shall be investigated by representatives of City and
District to determine when 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.
11. 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.
During school hours and school related-activities, said facilities shall not be used by the
general public. After school hours and school related activities, on 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 field must be on file with the
District.
Joint Use Agreement
Orangewood-High School
Page 3 19
12. SAFETY
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 owned by City.
13. 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 replacement of any improvements under this Agreement.
Additionally, City agrees to indemnify and hold harmless, and to defen0fany lawsuit or
judgment filed against District, from any loss, liability, claim suit or judgment arising out of
public use of the aforementioned facilities during non-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, 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 provision are included in accordance with Government Code Section 895.4,
and are applicable to all parties hereto the extent authorized by law.
14. 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,
proof of which will be forward to each party prior to July 1 of each year.
15. CANCELLATION AND 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.
16. NON ASSIGNABLE
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.
17. FUNDING SOURCES
It is understood and agreed by the parties hereto that the terms and provision 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.
Joint Use Agreement
Orangewood-Eigh School
Page 4
20
18. REVENUES
Any and all revenues generated by City programs at the aforementioned site shall
be utilized to offset the costs of conducting the programs.
19. 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 Department Business Services
P.O. Box 3005 P. O. Box 3008
Redlands, CA 92373 Redlands, CA 92373
20. 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 WITNESS WHEREOF the parties hereto have executed this Agreement on the
date first hereinabove written.
CITY OF REDLANDS REDLANDS UNIFIED SCHOOL DISTRICT
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A
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Board ot Educ ion/Designee
Donald E. Stark
Assistant Superintendent
ATTEST:
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Uitv Ulefk
DATE: July 20, 1993
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Orangewood High School
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