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HomeMy WebLinkAboutContracts & Agreements_4-1994_CCv0001.pdf JOINT USE AGREEMENT KINGSBURY ELEMENTARY SCHOOL THIS AGREEMENT is made and entered into this 14th day of February, 1994, by and between the CIT 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 Kingsbury Elementary located at 600 Cajon Street. B. District owns a parcel of land bordering Palm Avenue, previously known as 154 West Palm Avenue, 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 of a child care site hereinabove described in order to fully utilize said grounds for the benefit of the inhabitants of District and City. D. 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 March 1, 1994 and ending on February 25, 2004, unless sooner canceled as hereinafter 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 above described school grounds in order to provide Child Care programs on said school grounds. Any improvements shall be approved in writing by the District prior to construction and shall conform to District/State mandated specifications. 4. ENVIRONMENTAL REVIEW City shalt be responsible for compliance with the California Environmental Quality Act as it pertains to this project. 5. LOCA'T'ION AND OWNERSHIP The installed improvements as provided herein shall be maintained and shall at all times be and remain the property of City. 6. COST OF CONSTRUCTION- City ONSTRUCTIONCity shall assume and pay all costs of construction and site development to provide Child Care program improvements. City shall replace or repair any damages incurred on District property due to City's construction activities. Joint Use Agreement Kingsbury Elementary School Page 21 7. UTILITIES The City shall supply and bear the cost of all utilities required to operate said property,which include water, gas, electricity, telephone/com mu ru cation, and cable TV. 8. FENCING City shall maintain existing fencing and install additonal fencing that may become necessary for the use of the property 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 City shall be responsible for maintenance of all property within the fenced-in areas including but not limited to facilities (including interior maintenance), play ground, parking areas, and landscaping. 10. PROOF OF VANDALISM Willful damage to the said property shall be investigated by representatives of City and District to determine when damage occurred. City will be responsible for the repair of all damage to property. 11. 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 each other. Each entity shall be responsible for correcting any identified safety hazards relating to their respective responsibilities. 12. CHILD CARE The child care program operated by the City shall be licensed, pursuant to the State of California, Department of Social Service's regulations for the operation of a day care center. 13. USE OF FIELDS Child care activities shall be operated exclusively within the fenced in area/parcel as described in paragraph 1B during school hours and activities. 14. HOLD HARMLESS City agrees to indemnify and hold District harmless, and to defend any lawsuits filed against District, from any loss, liability, claim, suit of judgment resulting from work done or omitted by City in carrying out this Agreement, including the period of C City's installation, repair, maintenance or replacement of any improvements Linder this Agreement. Additionally, City agrees to indemnifN, and hold harmless, 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 non-school hours, or as a result of all non-school-sponsored programs. Joint Use Agreement Kingsbury Elementary School Page 3 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. 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. 15. 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. 16. 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 the City shall be entitled to remove any Improvements constructed by City. 17. NONASSIGNABLE Both parties agree not assign any right or privilege connected with the Agreement. Any and all contractees of City are subject to any and all sections of this Agreement pertaining to City. 18. 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 facilities are subject to this Agreement and must be approved and agreed by both parties. 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 Dept. 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. Joint Use Agreement Kingsbury Elementary School Page 4 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first hereinabove written. CITY OF REDLANDS REDLANDS UNIFIED SCHOOL DISTRICT o resl d e it, B oar oTEc ucation ATTEST: ATTEST: City- Ier � r of the oa cT— KINGSBURY SCHOOL Playfield 112' I I �I I 154 West Palm I (Proposed facilities Proposed Parking I and playground) I Palm Street Dimensions are approximate; map not to scale. wk-w�"�' tea `' Exhibit A �cr�oo�