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.
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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
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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
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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