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1978-0419_CAPISTRANO UNIFIED SCHOOL DISTRICT_Joint AgreementAGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAPISTRANO UNIFIED SCHOOL DISTRICT FOR THE USE OF SCHOOL FACILITIES THIS AGREEMENT, made and entered into this 19th day of April , 19 78 , by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, hereinafter called "CITY," and the CAPISTRANO UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT" or "SCHOOL DISTRICT," for the joint use of certain "School District facilities," which facilities shall include, but are not limited to, school grounds, buildings and rest- room areas. WITNESSETH WHEREAS, the City of San Juan Capistrano and the Capistrano Unified School District are mutually interested in and concerned with the provision of adequate facilities for the recreation and physical well-being of the people of the City of San Juan Capistrano; and WHEREAS, Part 7, Chapter 9 of the Education Code of the State of California authorizes and empowers public authorities, governing bodies and public school districts to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of this state; and WHEREAS, the Capistrano Unified School District has certain educational facilities under its jurisdiction suitable for a recreation program; and WHEREAS, the City of San Juan Capistrano has employees well qualified to supervise, direct and conduct such a recreation program; and WHEREAS, the Capistrano Unified School District and the City of San Juan Capistrano desire to enter into such a joint program pursuant to the provision of said Chapter 9; and WHEREAS, the City of San Juan Capistrano desires to use real property owned by the Capistrano Unified School District upon which to install recreational facilities equip- ment for use in said program with prior notice and approval by the School District. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Capistrano Unified School District and the City of San Juan Capistrano, as follows: SECTION 1: The DISTRICT shall make available to the CITY for a period of one year from the date hereof and including such extensions of time mutually agreed upon by the parties, or until cancellation of this agreement by mutual consent of both parties, for community recreational activities, certain SCHOOL DISTRICT :. 0 • facilities, which facilities shall include, but not be limited to, school grounds, buildings, and restroom areas, as follows: a. All of the facilities on the elementary school grounds located within the boundaries of the City of San Juan Capistrano and designated by the DISTRICT as suitable for community recreation activities. b. All of the facilities on the Marco Forster Junior High School grounds located within the City boundaries of San Juan Capistrano suitable for community recreational activities. SECTION 2: The DISTRICT agrees to extend to the CITY usage of such SCHOOL DISTRICT facilities as properly requested by the CITY and in advance scheduled and approved for usage by the DISTRICT, which are located within the corporate limits of the CITY now or in the future, so long as all students of the Capistrano Unified School District shall be provided the opportunity for participation in the programs conducted by the CITY in such facilities. SECTION 3: The use of any requested SCHOOL DISTRICT facilities for community recreation activities shall be strictly in accordance with prescribed DISTRICT procedure in granting permits for use of school facilities as provided for by laws of the State of California and the rules and regulations of the DISTRICT Board of Trustees. SECTION 4: The CITY shall provide adequate personnel to supervise recreational activities which take place on said premises outside of school hours. SECTION S: DISTRICT shall install and maintain all play apparatus and facilities necessary for its school program and said equipment, apparatus, and facilities may be used by CITY for community recreation purposes. SCHOOL DISTRICT also shall provide custodial services for the auditoriums, toilets and indoor facilities of the DISTRICT used by the CITY in connection with recreation programs. SECTION 6: Schedules for the recreation activities conducted by CITY on SCHOOL DISTRICT facilities will be developed by the CITY. All "Use of Facilities" requests initiating, modifying, or terminating a SCHOOL DISTRICT facility usage may be initiated by the SCHOOL DISTRICT or the CITY, but shall be processed strictly in 4 accordance with established SCHOOL DISTRICT procedure. In the event of any conflict, SCHOOL DISTRICT activities shall have priority and pre-empt, as may be required, any and all CITY activities on SCHOOL DISTRICT facilities. SCHOOL DISTRICT shall advise CITY as soon as practicable of all uses granted to others pursuant to the Civic Center Act. Wherever possible, DISTRICT shall grant Civic Center activity use of DISTRICT facilities in such a manner as not to interfere with recreational programs of the CITY. -2- SECTION 7: DISTRICT shall maintain all facilities used for CITY recreation activities, provided that CITY shall be responsible for all routine and/or necessary pre - activity preparation such as marking game boundaries, installing bases and nets, etc. SECTION 8: SCHOOL DISTRICT shall provide the amount of $6,000 to the CITY from the Community Service Tax to be used for the 1978 Summer Recreation Program at Ambuehl, San Juan, Capistrano, and Del Obispo Elementary Schools and Marco Forster Junior High School. SECTION 9: CITY shall hold harmless and free from liability the SCHOOL DISTRICT, its officers, agents, or employees, while acting as such, from all damages, costs, or expenses which any of them shall become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of operation by CITY of the community recreational programs. CITY shall be responsible for any and all damage to school property caused as a proximate result of any recreational activity being conducted on said premises by CITY. CITY shall not be bound by the provision of this paragraph in the case such injury or death is caused by reason of a structural or mechanical defect in any equipment or facility furnished or constructed by the SCHOOL DISTRICT. SCHOOL DISTRICT shall hold harmless and free from liability the CITY, members of its City Counsel, boards or commissions, its officers, agents, or employees while acting as such, from all damages, costs or expenses which any of them shall be obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of use of any of said installations or equipment in connection with the CITY program or while under supervision or control of the SCHOOL DISTRICT and shall reimburse the CITY for any dmaage caused to equipment furnished by or installations made by CITY pursuant hereto while under control of the SCHOOL DISTRICT. SCHOOL DISTRICT shall not be bound by the provisions of this paragraph in the event such injury or death is caused by reason of a structural or mechanical defect in any equipment or facility furnished or constructed by the CITY. SECTION 10: This contract shall have no force and effect if the California electorate adopts any initiative proposal which has the effect of substantially reducing the revenues of Capistrano Unified School District. SECTION 11: The parties hereto may, by mutual consent, amend, modify, or extend the term of this agreement, by written addenda to be attached hereto. 1919 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands the day and year in this instrument first above written. CITY OF SAN JUAN CAPISTRANO By r L---7 KENNETH E. FRIESS, MAYOR ATTEST: 2 ` 2l�� City Cler APPROVED AS TO FORM: ,Cj t Attorney CAPISTRANO UNIFIED SCHOOL DISTRICT By ,t . ecretary to Board of Truste s By APPROVED AS TO FORM: James R. Flournoy, 6/15/76 County Counsel -4-