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01-0103_CAPISTRANO UNIFIED SCHOOL DISTRICT_Joint Facilities Use Agreement JOINT (FACILITIES USE AGREEMENT BETWEEN CAPISTRANO UNIFIED SCHOOL DISTRICT AND CITY OF SAN JUAN CAPISTRANO THIS JOINT FACILITIES USE AGREEMENT ("Agreement") is made and entered into to be effective on the 3`d day of January, 2001, by and between the City of San Juan Capistrano ("CITY") and the Capistrano Unified School District ("CUSD"). RECITALS: 1. Education Code § 10900 et seq. authorizes CUSD to organize, promote and conduct programs for community recreation, and to cooperate in providing community recreation programs and facilities. 2. CUSD owns and operates Marco Forster Middle School ("MFMS"), which is located at 25601 Camino del Avion, San Juan Capistrano, California, and which has field areas that are suitable for use for community recreation programs. 3. CITY desires to maintain certain sports fields at MFRS and to coordinate, schedule and conduct community recreation programs on those sports fields during times when they are not being used for school purposes. 4. CITY and CUSD desire to enter into this Agreement to provide for maintenance and use of the sports fields at MFMS. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is for the CITY and CUED to work together to provide for outdoor athletic facilities at MFMVIS, to provide for the maintenance of the sports fields, to provide for the public use, including use by community organizations, of the sports fields, and to coordinate and schedule those uses along with the uses by the CITY and CUSD. 2. Use of MFMS by the CITY. (a) CUSD shall grant to CITY the following: (i) the use of certain outdoor athletic facilities located at MFMS, including soccer fields, softball fields, football fields, basketball courts and restrooms (collectively, the "sports fields") during non-school hours to conduct community recreation programs, (ii) the right to coordinate, schedule and allow the public use of the sports fields during non-school hours; and (iii) maintenance responsibilities for the sports fields as set forth in Section 4(b) below. (b) During the term of this Agreement, CUSD shall make the sports fields available to the CITY for the stated purposes of this Agreement. CUSD shall take no actions which interfere with or inhibit the use of the sports fields, including, but not limited to, the construction of temporary or permanent buildings on the area used for the sports fields. Plpub[ic works/pw sharedfjdn faciiitiesuseagr cusd.doc 3. Scheduling and Use of the Sports Fields. (a) The CITY shall be responsible for and have the authority to schedule all use of the sports fields during non-school hours. (b) For purposes of this Agreement, school hours are defined to be from 0:00 a.m. to 4:00 p.m., Monday through Friday, for each day that school at MFMS is in session. It is understood and agreed that the starting and ending times for school hours may change from school year to school year, and that for each school year, the actual starting and ending times, relative to the implementation of paragraph 3, will be those hours that school classes start and end as determined for each school year by CUSD. (c) CUSD shall have the exclusive use of the sports fields during school hours. (d) The CITY shall schedule all non-school hours use of the sports fields, including use by CUSD and MFMS. The CITY shall establish a system to provide for the coordination and scheduling of the use of each of the sports fields, including a procedure for reserving the use of the sports fields and assigning priorities for use of the sports fields. CUSD will be given first priority, the CITY will be given second priority, non-profit community sports organizations will be given third priority, and all others will be given fourth priority. Use priority for all groups is based on facility availability. For CUSD to have first priority on the use of a particular sports field at a particular time, it will have to schedule with the CITY that use at least thirty (30) days in advance of the date of the use. Additionally, the CITY shall schedule the use of the sports fields to allow for rotating fields out of play for maintenance/renovation purposes. (e) The CITY shall insure that, as to the reservation of use of sports fields by persons and organizations, that each such person or organization shall have in effect at the time of use of a sports field, general liability insurance coverage in the amount of at least R/public works/pw sharedrjointfacilitiesuseagr cusd.doc $1,000,000 per occurrence, and that the CITY and CUED are named as additional insureds on the applicable insurance policies. (f) Administration of the MEMS fields during non-school hours shall be consistent with City operation of other City owned and operated park facilities. Users shall abide by the City's standard park rules. 4. Maintenance of Sports Fields. (a) CITY shall be responsible for and pay all necessary costs incurred for the following: (i) mowing and maintenance of the turf areas of the sports fields once a week; (ii) Maintenance and repair of the irrigation system for the sports fields; (iii) maintenance and repair of the infield areas of the two (2) softball fields once a week; (iv) aeration and fertilization on a regularly scheduled basis and over seeding on a yearly basis of the turf areas of the sports field. (v) all electrical utility and repair costs associated with the lighted sports fields used by the CITY and CUED; (vi) maintenance and repair necessary to maintain and repair the soccer fields, softball fields, backstops, field lighting, and restrooms. (b) CUSD shall be responsible for and pay all necessary costs incurred for the following: (i) watering of the sports fields. (ii) damages that result from defects in products or service that were installed by CUSD. (c) CUSD shall reimburse the CITY$28,832.72 (Twenty-Eight Thousand Eight Hundred Thirty-Two Dollars and Seventy-Two Cents) annually for the costs to maintain the fields. This amount may be adjusted if the District's total landscaping budget for all District facilities is increased or decreased. The resulting reimbursement then will be R/public works/pw sheredfjointfacilitiesuseagr cusd.doc determined by dividing the portion of District's total landscape maintenance budget for all District facilities attributable to the same type of normal and routine maintenance and repair activities by the total acres of landscaping maintained by District and multiplying the remainder by the acreage of the MFMS sports fields maintained by this agreement. 5. Use of Other MFMS Facilities. The CITY and the persons and organizations that use the sports fields pursuant to permits issued by the CITY may have access to and use the MFMS parking lots. 6. Char es for Use of the S orfs Fields. The CITY may charge the persons and organizations that use the sports fields during non- school hours a user fee or charge for such use as set by resolution of City Council. The purpose of this fee is for the CITY to recover the costs it incurs in scheduling the use of and maintaining the sports fields. CUSD shall not be charged for its use of the sports fields either for use during school hours or for use during non-school hours. CUSD shall not charge either the CITY or the public for the use of the sports fields during non-school hours. 7. Term. The term of this Agreement shall be for ten (10) years commencing January 3, 2001, This Agreement may be terminated by either party with one hundred eighty (180) days prior written notice to other party. Upon written agreement of both parties, this Agreement may be extended for an additional five (5) year term. 8. Coweration of the Parties. The CITY and CUSD shall cooperate and take all actions necessary to achieve the purposes of this Agreement. Each party shall designate a particular person to be responsible for the performance of that party's duties and responsibilities pursuant to this Agreement. Ripublic woftipw sharedljointfdtciliti useagr cusd.doc 9. Indemnification and Insurance. (a) CITY shall save and hold CUSD harmless to the extent authorized by law from any or all claims or causes of action for injury of persons, including death, or damages to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other improvements installed or constructed by CITY, on property owned by CUSD, or a failure to maintain said equipment and improvements installed or constructed by CITY in a safe condition or which might arise as a result of acts or omissions of employees of CITY. CITY shall maintain, at all times this Agreement is in force, general liability insurance, self Insurance or liability coverage through a self-insurance pool of not less than One Million Dollars ($1,000,000.00). (b) CUSD shall save and hold CITY harmless to the extent authorized by law from any or all claims or causes of action for injury of persons, including death, or damages to property resulting from or which may arise by reason of any dangerous or defective condition of equipment or other improvements installed or constructed by CUSD, on property owned by CUSD, or a failure to maintain said equipment and improvements installed or constructed by CUSD in a safe condition or which might arise as a result of acts or omissions of employees of CUSD. CUSD shall maintain, at all times this Agreement is in force, general liability insurance, self-insurance or liability coverage through a self-insurance pool of not less than One Million Dollars ($1,000,000.00). (c) The CITY and CUSD each agree to provide thirty (30) days' written notice to the other party if it proposes any substitution, change, or other modification of the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage. R/public works/pw shareci4ointfacilftiesuseagr_cusd.doc 10. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of ten (10) calendar days following the date of mailing of the notice. CITY: Attn.. Director, Community Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CUSD: Attn.: Executive Director, Maintenance and Operations Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 11. Entire A regiment. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to this matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to this matter by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding this matter not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement. RIpublic works/pw sharedlointfacilitiesuseagr cusd.doe 12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California. 13. Breach of Agreement. If either party defaults in the performance of any of the terms or conditions of this Agreement, it shall have thirty (30) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the defaulting party fails to cure its default within such period of time, the non-defaulting party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. 14. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which shall be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 15. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. R/public works/pw sharectqcainffacilitiesuseagr cusd.doc 16. Successors and Assigns- The ssi ns_The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "CITY" CITY OF SAN JUAN CAPISTRANO By: . _ ya Hart, Mayor ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM John Shaw City Attorney "C 0SD59 CAPISTRANO UNIFIED SCHOOL DISTRICT By. Signature Daniel J. Crawford Print Name Title: Associate Superintendent, Su ort Services R/public works/pw shared/jointfacili iesuseagr-cusd.doc