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1980-1215_CAPISTRANO UNIFIED SCHOOL DISTRICT_Jt Maint/Use AgrJOINT MAINTENANCE/USE AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAPISTRANO UNIFIED SCHOOL DISTRICT THE AGREEMENT, hereinafter called the Marco F. Forster Jr. High School Joint Maintenance and Use Agreement, between the City of San Juan Capistrano, a municipal corporation, hereinafter called "CITY" and the Capistrano Unified School District, hereinafter called the "DISTRICT." WHEREAS, DISTRICT owns the property on the site of Marco F. Forster Jr. High School shown in Exhibit A (the property) located in the City of San Juan. Capistrano; WHEREAS, CITY desires to use and maintain a portion of the aforesaid properties as recreation facilities; and WHEREAS, the facilitiesare jointly developed and therefore shall be adequately maintained to insure proper and safe use. NOW THEREFORE., CITY AND DISTRICT agree as follows: I. That subject to conditions set forth, the CITY is hereby granted the right to use that portion of the property at the Marco F. Forster Jr. High School site as set forth on the map attached hereto, marked Exhibit A and by this reference is made a part hereof for recreational purposes. 7 ✓ 2. This agreement shall be for a period of fifteen (15) years commencing on the date this document is fully executed by all parties. On or before the end of the fifteen (1S) years, by mutual agreement, this agreement may be extended. 3. CITY shall not be required to pay any fees or other charges for its use of the property. The consideration to DISTRICT shall be the construction, operation and maintenance of the facilities and the provision of recreational services to residents of the CITY and DISTRICT in accordance with the Civic Center Act, the Community Recreation Act and other provisions of law. -2- 4. The CITY shall be responsibe for the maintenance of the softball and tennis court lighting systems in their entirety, maintenance and care of infields, backstops, tennis court sur- faces, fences and screens, fencing and any other facility con- structed by joint agreement. 5. The CITY shall further be financially responsible for all utility costs such as electricty through separate metering systems as a result of the use of these facilities. 6. The CITY shall assume all responsibility for the scheduling of the use of the facilities during those periods of use other than the fact that the DISTRICT reserves the right to establish hours, in the event of conflict between the community recreation program and the educational program of the DISTRICT in accordance with the provisions of Section 10910 of the Education Code. The CITY shall not schedule use of these facilities during the school day or during after school activities of the DISTRICT. It shall be the joint responsibility of the CITY and the DISTRICT to annually obtain and provide such school day and after school activities schedule. 7. The DISTRICT shall maintain the turf area by mowing, fertilizing, etc., as needed and shall further be responsible for the scheduling of irrigation and maintenance and repair of the irrigation system. 8. CITY shall name DISTRICT as coinsured in its liability policy and to the extent authorized by law shall save and hold DISTRICT harmless 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 -3 - or other improvements installed or constructed by CITY, on property owned by DISTRICT, or a failure to maintain said equipment and improvements installed or constructed by CITY in a safe condition of which might arise as a result of acts or omissions of employees of CITY. Initially, the liability policy shall be not less than One Million ($1,000,000.00) Dollars. The adequacy of this amount shall be reviewed every five (5) years. DISTRICT shall name CITY as coinsured on its liability policy, and to the extent authorized by law, shall save and hold CITY harmless from any or all claims or causes of action for injury to persons, including death, or damage to propery resulting from or which may arise by reason of any dangerous or defective condition or equipment or other improvements installed or constructed by DISTRICT on property owned by DISTRICT or a failure to maintain said equipment and improvements installed or constructed by DISTRICT in a safe condition or which might arise as a result of acts or omissions of employees of the DISTRICT. 9. This Joint Maintenance/Use Agreement may be terminated by either party as of June 30 of any fiscal year for any reason upon at least 180 days' written notice to the other.. 10. All structures constructed on the site and all personal property placedor installed thereon by CITY and owned by CITY (the "Improvements") shall remain the property of the CITY. At the termination of this agreement, CITY shall remove from the site all structures and personal property belonging to CITY and shall return the site to its original condition insofar as practical, unless DISTRICT indicates its SM election within thirty days after such notice of termination, to acquire the improvements, in which case title thereto shall vest in DISTRICT without the necessity of formal documentation of trans- fer. If DISTRICT exercises its right to acquire the improvements, DISTRICT shall reimburse CITY for the improvements in an amount equal to the fair market value of the improvements, such value will be determined by an independent appraiser appointed by, and satisfactory to, DISTRICT and CITY. The expense of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon said appraiser, the presiding judge of the Superior Court for the State of California, County of Orange, shall appoint the appraiser. 11. If the site or improvements thereon are destroyed by fire, war, earthquake, flood, storm or other casualty beyond the control of the parties hereto to such an extent, that they cannot be restored to their previous condition within 120 days after the casualty, CITY shall have the option to restore the site and improvements thereon to their condition as .of the date of the casualty. In the event CITY does not elect to perform such restoration, this agreement shall terminate and CITY shall remove all improvements and personal property from the site and return the site to its original condition, insofar as practical, unless otherwise mutually agreed. If the site and improvements are destroyed by any of the causes enumerated above and in the event they zan be restored within 120 days after the casualty, CITY shall restore them as soon as feasible and this agreement shall continue in full force and effect. IN WITNESS WHEREOF, CITY by order of its City Council, has caused this Joint Maintenance/Use Agreement to be executed on its behalf by the Mayor of -S - said City Council and attested by the Clerk thereof, and DISTRICT has caused this Joint Maintenance/Ilse Agreement to be executed by its Board of Trustees. DATED this 15th day of December , 1980. CITY OF SAN JUAN CAPISTR NO a municipal corporat.on BY i hia orCity of San Ju Capistrano ATTEST: 22 CITY CLERK q THE CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: DATED this 10th day of December By: APPROVED AS TO autj� :�� County Counsel 'L lallvlbA� lh 12-5-80 1980. JOINT DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAPISTRANO UNIFIED SCHOOL DISTRICT THIS AGREEMENT,hereinafter called the Marco F. Forster Jr. High School Development Agreement, between the City of San Juan Capistrano, a municipal corporation, hereinafter called "CITY" and the Capistrano Unified School Dis- trict, a public school district, hereinafter referred to as "DISTRICT." WHEREAS, the State of California has enacted legislation designed to promote and preserve the health and general welfare of the people of the State to cultivate the development of good citizenship by provisions for adequate programs of community recreations; and, further, to authorize cities and public school districts having powers to provide recreation to organize, promote, and conduct such programs of community recreation as will contribute to the attain- ment of general educational and recreational objectives for children and adults of the State, which legislation is Chapter 19 of Part 7 of Title 1 of the Education Code of the State of California commencing with §10900 et seq; WHEREAS the CITY desires to installlights, backstops and fencing on the fields and tennis courts located at Marco F. Forster Jr. High School; WHEREAS, the DISTRICT has fields suitable for softball diamonds, two soccer practice fields and completed tennis courts at Marco F. Forster Jr. High School and said fields are not presently developed with necessary playing areas, lights, backstops and fencing and the tennis courts are not lighted for night use; WHEREAS, the CITY has specifically requested to use this site and allocated funds for the development of the above playfields into two softball and soccer L practice fields with lighting, backstops and fencing and also has allocated funds for the installation of lights on the tennis courts and WHEREAS, the CITY has requested and received permission from the DISTRICT to cause lights, backstops and fences to be installed on the fields and tennis courts to be developed and lighted NOW THEREFORE the parties agree to the following: 1. The project is to be constructed as a normal school site construction project under all requirements of the State Division of Architectural Control. 2. The CITY shall be and is hereby designated lead agency for compliance with California Environmental Quality Act of 1970 as amended. 3. DISTRICT shall employ one of the previously DISTRICT approved architects, to provide all necessary documents for State approval and bidding of the project. 4. The CITY through the appointed architect is to provide all nec- essary documents and plans to the DISTRICT for submittal for approval by the State Division, of Architecture and the DISTRICT Board of Trustees. S. The DISTRICT will handle all bidding, project award and control after consultation with the CITY. 6. DISTRICT shall provide all necessary inspection and supervision of contractor and a state licensed inspector to be employed for this project at an hourly rate. 7. The CITY shall make payments directly to the Architect, State of California, contractors, vendors for the project and reimburse the the DISTRICT for insnectors and all direct and indirect costs of the project upon the DISTRICT'S submittal of invoices to the CITY. 8. The CITY shall provide a letter of intent of no cost to the DISTRICT in order to make such turf, field grading repairs and sprinkler relocation as necessary to complete the project. 9. The CITY shall provide the DISTRICT a copy of all as -built plans. 10. The CITY shall make payments for the installation of a temporary fence around said job site during the period of construction. 11. CITY shall provide evidence and name the DISTRICT as coinsured in its liability policy and to the extent authorized by law shall save and hold DISTRICT harmless from any and/or all claims or causes of action for injury to persons, including death, or damages to property resulting from or which may arise by reason of this construction project as requested by the CITY. 12. The CITY shall not allow any further construction on this school site without proper DISTRICT approval, including additional backstops, equipment storage boxes, field houses, dugouts, benches, etc. 13. Said improvements oP lights, backstops and fencing installed pur- suant to this Agreement will remain the property of the CITY and CITY will allocate usage of said improvements and said fields in accord- ance with the provisions of the DISTRICT and CI'T'Y Maintenance and Use Agreement dated December 15, , 1980 . In witness whereof the parties hereto have executed this agreement this 15th day of December , 19 80 CAPISTRANO UNIFIED SCHOOL DISTRICT a public school district S retary, Board of Trustees ATTEST: City Clerk of City of ban Jua Approved as to Form: i AtAttorney of the Ci Approved as to Form: CITY OF SAN MAIN CAPISTRANO a municipal corporation By strano �j�� l� f/!!G ,�lGll FJ �lGfilllll� i 32400 MA'. - '!LANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 1 / r s `PMO N.1 ,: 131171� January 29, 1981 Dr. Jerome R. Thornsley, District Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 Subject: Marco F. Forster Jr. High School Development Agreement and Joint Maintenance and Use Agreement Dear Dr. Thornsley: Enclosed are the fully executed Agreements referred to above as approved by both the San Juan Capistrano City Council and the Capistrano Unified School District. Thank you for your cooperation. If you need any more information please let me know. Cordially yours,, Mary Ann anover City Clerk MAH:ol Enclosures cc: Tom Baker i