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
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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
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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.
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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
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