11-1115_CAPISTRANO UNIFIED SCHOOL DISTRICT_Joint Facility Use Agreement JOINT FACILITY USE AGREEMENT
BETWEEN
CAPISTRANO UNIFIED SCHOOL DISTRICT
AND
CITY OF SAN JUAN CAPISTRANO
THIS JOINT FACILITY USE AGREEMENT ("Agreement") is made and entered into to
be effective on the 1C,4' VA day of ^ o,�E_yi y-, 2011, by and between the City of San
Juan Capistrano ("CITY") and the Capistrano Unified School District ("CUSD").
RECITALS:
1. Education Code §10900 et sec. 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 facilities that are
suitable for use for community recreation programs.
3. On May 25, 1999, CUSD and CITY entered into a Joint Development and Joint Use
Agreement for the development, construction, and operation of a roller hockey/multipurpose
facility located at 3 Via Positiva, on the property of MFMS, which has expired. The CITY, as
a result of the 1999 Joint Use Agreement, constructed the roller hockey/multipurpose facility
on the MFMS property.
4. CITY desires to coordinate, schedule and conduct community recreation programs on
the roller hockey/multipurpose facility, located at 3 Via Positiva, on the property of MFMS,
during times when it is not being used for school purposes.
5. CITY and CUSD desire to enter into this Agreement to provide public use of the roller
hockey/multipurpose facility at MFMS.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promise, 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 CUSD to work together to provide
for the operation and/or public use, including use by community organizations, of the roller
hockey/multipurpose facility, 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 the CITY the following:
i. The right to operate, coordinate, schedule and/or allow the operation
and/or public use of the roller hockey/multipurpose facility during non-
school (tours; and
ii. Maintenance responsibilities for the roller hockey/multipurpose facility as
set forth in Section 4(b) below.
b. During the term of this Agreement, CUSD shall make the roller
hockey/multipurpose facility 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 roller hockey/multipurpose facility, including, but not limited to, the
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construction of temporary or permanent buildings on the area used for the roller
hockey/multipurpose facility.
3. Scheduling the Use of the Roller Hockey/Multipurpose Facilit .
a. The CITY shall be responsible for and have the authority to control, coordinate,
and/or schedule all use of the roller hockey/multipurpose facility during non-
school hours.
b. For purposes of this Agreement, school hours are defined to be from 8:00 a.m.
to 3:30 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, will be those hours that
school classes start and end as determined for each school year by CUSD.
CUSD, at its sole discretion, may extend the scope of school hours by as much
as 30 minutes before the start time of classes or after the end time of classes,
or both, in order to allow sufficient time for students to arrive at or leave the
premises before the CITY commences its use of the roller hockey/multipurpose
facility.
c. CUSD shall have the exclusive use of the roller hockey/multipurpose facility
during school hours.
d. The CITY shall control, coordinate, and/or schedule all non-school hours use of
the roller hockey/multipurpose facility, including use by CUSD and MFMS. The
CITY shall establish a system to provide for the control, coordination and/or
scheduling of the roller hockey/multipurpose facility, including controls and/or
procedures for reserving the use of the roller hockey/multipurpose facility,
providing supervision and assigning priorities for use of the roller
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hockey/multipurpose facility. CUSD will be given first priority of use provided
CUSD gives advance written notice to CITY in compliance with the CITY's
controls and/or procedures at the time of the notice, and all others will be
prioritized according to the CITY's controls and/or procedures. Use priority for
all groups Is based on facility availability. Additionally, the CITY shall schedule
the use of the roller hockey/multipurpose facility to allow for
maintenance/renovation purposes.
e. The CITY shall insure that, as to the operation and/or reservation of use of the
roller hockey/multipurpose facility by persons and organizations, each such
person or organization shall have in effect at the time of use of the roller
hockey/multipurpose facility, general liability insurance coverage in the amount
of at least $1,000,004 per occurrence, and that the CITY and CUSD are named
as additional insured on the applicable insurance policies.
4. Maintenance of the Roller Hockey/multipurpose Facility
i. CUSD shall be responsible for and pay all costs Incurred for any
necessary maintenance or custodial services, and/or repairs for
damages (if any) resulting from CUSD's use of the roller
hockey/multipurpose facility.
ii. CITY shall be responsible for and pay all costs incurred for any
necessary maintenance or custodial services, and/or repairs for
damages (if any) resulting from the scheduled public use of the roller
hockey/multipurpose facility.
5. Char es for Use of the Roller Hockey/Multipurpose Facili .
The CITY may charge the persons and organization that operate and/or use the roller
hockey/multipurpose facility during non-school hours an operations user fee, or charge for
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such use as set by contract or fee 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 roller
hockey/multipurpose facility. CUSD shall not be charged for its use of the roller
hockey/multipurpose facility 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 roller
hockey/multipurpose facility during non-school hours. In the event CITY contracts with an
operator to manage the use of the roller hockey/multipurpose facility, CITY agrees to annually
pay CUSD twenty percent (20%) of the amount CITY is to contractually receive from CITY's
operator of the facility.
6 Term.
The term of this Agreement shall be for eight (8) years commencing on the date this
Agreement is fully executed by the City and CUSD. The City shall have the right to exercise
an option to renew the Agreement for another two (2) years by giving advance written notice
of the option renewal to CUSD not later than six (6) months from the end of the initial term.
This Agreement may be terminated without cause by either party with one hundred eighty
(180) days prior written notice to the other party.
7. Cooperation 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.
8. Indemnification and Insurance.
a. CITY shall save and hold CUSD, as well as its officers, employees, agents, and
volunteers, 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
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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 the One
Million Dollars ($1,000,000).
b. CITY shall require any CITY Operator to acquire and maintain at all times
general liability insurance with a combined single limit of not less than three
million dollars ($3,000,000.00) per occurrence for property damage and
personal injury with respect to all activities of the CITY's Operator in the
operations of the roller hockey/multipurpose facility and shall require the CITY
Operator to name the CITY and CUSD as additional insureds.
c. CUSD shall save and bold 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 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).
d. 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
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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 the One
Million Dollars ($1,000,000).
b. CITY shall require any CITY Operator to acquire and maintain at all times
general liability insurance with a combined single limit of not less than three
million dollars ($3,000,000,00) per occurrence for property damage and
personal injury with respect to all activities of the CITY's Operator in the
operations of the roller hockey/multipurpose facility and shall require the CITY
Operator to name the CITY and CUSD as additional insureds.
c. 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 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).
d. 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
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aforementioned insurance coverage which will result in a decrease in the scope
or the amount of such coverage.
9. 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: Manager, Community Services Department
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
CUSD: Attn: Executive Director, Facilities
Capistrano Unified School District
33122 Valle Road
San Juan Capistrano, CA 92675
10. Entire Agreement.
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 the
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
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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.
11. 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.
12. 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.
13. 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.
14. 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
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force without being impaired or invalidated in any way, to the extent that the invalidity or
unenforceability does not impair the application of this Agreement as intended by the parties.
15. Successors and Assigns.
The terms and conditions of this Agreement shall be binding on the successors and
assigns of the parties to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first hereinabove written.
"CITY"
CITY OF SAN JUAN CAPISTRANO
B
All vato, ffyor
"CUSD"
CAPISTRANO UNIFIED SCHOOL DISTRICT
By
Superinte ent or De ne
AT "E
I
Mari rri , ity Clerk
APPROVED AS TO FORM:
4 LL� j
Omar 8ndov .l,'City Attorney
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11115/20/1
AGENDA REPORTD8
TO: Karen P. Brust, City Mar(`ag
FROM: Cynthia Alexander, Community Services Manager
SUBJECT: Consideration of Proposed Revisions to the Joint Facility Use Agreement
Between the City of San Juan Capistrano and the Capistrano Unified
School District for the Roller Hockey/Multipurpose Facility
RECOMMENDATION:
By motion, approve the revised Joint Facility Use Agreement between the City of
San Juan Capistrano and the Capistrano Unified School District (CUSD) for the
roller hockey/multipurpose facility located at 3 Via Positiva.
SITUATION:
On September 20, 2011, the City Council approved a Joint Facility Use Agreement
(Attachment 2) with Capistrano Unified School District (CUSD) for the roller
hockey/multipurpose facility located at 3 Via Positiva. The Agreement was presented for
approval to the CUSD Board of Trustees at their October 26, 2011, meeting. The item
was pulled for-discussion from the agenda by the CUSD Board of Trustees. The Board
of Trustees questioned the variation from the original 1999 Joint Development and
Joint Use Agreement (Attachment 1) which included references regarding the
construction of the roller hockey/multipurpose facility and the deletion of the payment to
the CUSD of 20% of the amount received from the City's operator.
After the CUSD Board of Trustees meeting, staff informed CUSD that the construction
references were eliminated from the new Joint Facility Use Agreement due to the
completion of the roller hockey/multipurpose facility in 2000; and explained that the
20% residual payment was excluded from the agreement due to a decline in roller
hockey participation during fiscal years 2000-2002. The decline in participation
prevented the third party operator from paying the City the agreed upon percentage;
therefore, the City could not compensate CUSD 20% of the profits since there were
none.
In order to compromise with the CUSD, staff reinstated the 20% payment of amounts
received from the City's operator into the Joint Facility Use Agreement, contingent upon
the City contracting with an operator to manage the roller hockey/multipurpose facility.
Additional edits to the September 20, 2011 draft agreement include the deletion of
Section 2(a) i and minor clarification edits, which have been reviewed by the City
Attorney. Section 2(a) i dealt with the granting of rights for the use of the roller
hockey/multipurpose facility, restrooms and parking lot. Since the roller hockey/
Agenda Report
Page 2 November 15, 2011
multipurpose facility is owned by the City and it is staff's understanding the use of
restrooms and parking lot are adequately provided for in the Joint Use Agreement
between the City and the CUSD, dated January 3, 2001 this section was considered
redundant. .
The revised Joint Facility Use Agreement (Attachment 2) is scheduled for approval by
the CUSD Board of Trustees at their November 14, 2011, meeting. Staff will prepare a
Supplementary Staff Report to the City Council if any questions or changes rise from
the CUSD Board of Trustees' meeting of November 14, 2011.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
This item will be presented to the Parks, Recreation and Senior Services Commission
as a "receive and file" item at their November 21, 2011, meeting.
NOTIFICATION:
Cary Brockman, Executive Director, Facilities
Capistrano Unified School District
RECOMMENDATION:
By motion, approve the revised Joint Facility Use Agreement between the City of
San Juan Capistrano and the Capistrano Unified School District (CUSD) for the
roller hockey/multipurpose facility located at 3 Via Positiva.
Respectfully submitted,
Cynthia Alexander
Community Services Manager
Attachments: 1. Staff Report— September 20, 2011, City Council Meeting
2. Revised Joint Facility Use Agreement
91241X}11
AGENDA REPORT D11
ir N,
TO: Karen P. Brust, City Mao
FROM: Cynthia Alexander, Commni y Services Manager
SUBJECT: Consideration of Approval of a Joint Facility Use Agreement Between the
City of San Juan Capistrano and Capistrano Unified School District for the
Roder Hockey/Multipurpose Facility
RECOMMENDATION:
By motion, approve the Joint Facility Use Agreement between the City of San Juan
Capistrano and the Capistrano Unified School District (CUSD) for the roller
hockey/multipurpose facility located at 0 Via Positiva.
SITUATION:
In 1999, CUSD and the City entered into a Joint Development and Joint Use Agreement
for the development and construction of a roller hockey/multipurpose facility
(Attachment 1). The Joint Development and Joint Use Agreement between the City and
CUSD for this facility has expired. The arrangement between CUSD and the City has
been a valued partnership; therefore, staff is proposing a new Joint Facility Use
Agreement (Attachment 2) to continue conducting community recreation programs for
the City of San Juan Capistrano at this site. The City owns and holds title to the roller
hockey/multipurpose facility and accompanying fixtures installed/constructed as part of
the facility.
The term of the proposed Joint Facility Use Agreement is 10 years and may be
extended for an additional five (5) year term upon the written agreement of both parties.
The agreement may be terminated by either party with one hundred eighty (180) days'
notice. The process to consider the proposed agreement begins with the City Council's
consideration of the proposed agreement. If the City Council approves the agreement,
it will be forwarded to the CUSD to be agendized for consideration by the Board of
Trustees. if the agreement is approved by both parties, the City would then continue
the operation of the facility, In an effort to continue providing community recreation
programs, staff is recommending that a Request. for Proposal (RFP) be sent to
organizations interested in providing youth/adult sports programs and continuing to
cover the maintenance and utility costs of the roller hockey/multipurpose facility.
ATTACHMENT 1
Agenda Report
Page 2 September 20, 2011
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
This item will be presented at the September 19, 2011 Parks, Recreation and Senior
Services (PRSS) Commission meeting. Staff will provide a Supplemental Agenda
Report if the PRSS Commission has a different recommendation.
FINANCIAL CONSIDERATIONS-
Under the previous agreement, the facility was operated and maintained by a third-party
licensee that constructed the facility and conducted the fee-based community recreation
programs. The City did not incur any costs associated with this facility. Staff is
recommending a similar arrangement for the continued operation and maintenance of
the facility. In is anticipated the terms of an operating agreement would include all costs
to operate and maintain the facility and an appropriate fee to the City. If the City
determines that the facility would be run directly by the City, user fees would be
determined based on the cost to operate the facility. Upon completion of the RFP
process, staff would return to City Council with the details of the financial issues of a
third-party operations agreement or user fees based on the ultimate recommendation
for the operation of the facility
NOTIFICATION:
Cary Brockman, Executive Director, Facilities
Capistrano Unified School District
RECOMMENDATION:
By motion, approve the Joint Facility Use Agreement between the City of San Juan
Capistrano and the Capistrano Unified School District (CUED) for the roller
hockey/multipurpose facility located at 3 Via Positiva.
Respectfully submitted,
Cynthia Alexander
Community Services Manager
Attachments; 1, 1999 Joint Development and Joint Use Agreement
2. Proposed Joint Use Agreement
3. Map
t AREEMENT
JOINT �, VELOPMENT AND JOINT USE
BETVVEEN CAPISTRANO UNIFIED SCHOOL DISTRICT AND
THE CITY OF SAN JUAN CAPISTRAr; O
`ANIS JOINT DEVELOPMENT AND JOINT USE AGREEMENT (this
"A reernent") is made and entered into this 25 day of MAY 1999 by and
between Capistrano Unified.. School District (the "District"), a school district duly
organized and operated € nder the. laws of the Mete of California, and the City of San
Juan Capistrano (the "Cifiy"), a California municipal corporation, both of whom shall be
collectively referred to as the "Parties," and is based upon the followingg
l C l I A a.
WHEREAS, Section I9990 et �. of the Education Code of the State of
California authorizes the City end the District to contract With one another to establish,
construct, improve, operate and maintain recreational facilities and programs; and
WHEREAS, the City and the District have approved a joint plan (the "baster
Flan")-that provides for the development and shared use of a portion of a school site
owned by the District known as the Marco Forster Middle School (hereinafter the
"School Biter'). The Master Plan and all.related documents are attached hereto as
Exhibit A and incorporated herein as if folly set forth; and
WHEREAS, the Master Flan envisions development of a roller ht ey rink
facility, other related recreation oriented improvements (the "Facilities") upon the School
Site which will provide ars important educational and recreational opportunity to District
students and to the community of San Juan Capistrano; and
W
HER-EAS, be lie District and the City isle to h the rights to use those
Fto be constructed on the School Site in the manner and at, the times
inreement; and
FIEREAS, District is willing to grant to City the right to allow the public to use
the Facilities on the School Site in exchange for the City's performance hereunder,
NOW, THF-REFORE, in consideration of the mutual promises and covenants
herein contained, the parties agree as follows:
SECTION 1. CONSTRUCTION
1.=1 Com liance with the Divis, of State Architect. The architect's plans and
specifications for the Facilities shall be submitted to the Division of the State Architect
(IDSA) for approval. Tae' construction and installation of the Facilities to be placed on
the School Site shall comply with all requirements of the Division of the State Architect
(DSA).
1.2 Cor sLruction of the Facilities. City shall construct or cause to be
constructed at its sole cost and expense the Facilities as provided in the plans and
specifications and agrees to provide to District information regarding the award of a
construction contract and the progress of the construction of the Facilities,
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1.3 Chari c Orders. kept as provided below, City shall have the exclusive
authority to approve change orders applicable to the Facilities if the same become
necessary. City agrees to supply information regarding the change orders to the
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District prior to the v,o r rnmencing on the change order.
1.4 Additional Work. City and District may.mutually amend this Agreement, in
writing, to modify the scope of the work related to the Facilities to include other
construction work, District shall be responsible for any and all costs associated with
such additional work which is solely for the benefit of the District. City shall be
responsible for any and all casts associated Stith additional work which solely benefit
the City.
1.5 Co9peration Between the i nd the City and District shall
cooperate in the construction of the Facilities and shall use all reasonable diligence in
granting and/or obtaining any and all approvals necessary for the construction of the
Facilities_
1.6 Schedule for Develoo ent. District and City shall mutually agree in
writing upon a development schedule for the construction of the Facilities which will not
disrupt the normal use and operation of the Marco Forster Middle School such that it
hampers the school's ability to propedy function and carry out its educational purposes.
1.7 Notice of GpnIpleficn. Upon City and District approvai of the final
inspection of the Facilities, City shall issue a Notice of Completion and mail such notice
to District.
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-SECTIOW OPEI6TIOI
Except as otherwise provided in this Agreement, City shall be responsible for the
operation of the Facilities and for all casts associated with the operation of the
Facilities on the School Site: City agrees to annually pay District twenty percent (20%)
of the amount that City is to contractually receive: from City's Operator of the Facilities.
At the end of each fiscal year, City shall certify to [district the exact amount of revenue
City has received from the City°S Operator. Within thirty (30) clays of said certification,
City shall them transmit the amount due and owing to the District.
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3.1 LAaintgnan!ge Costs. Except as otherwise set forth in this Agreement, City
shall maintain the Facilities at its sole coast and expense during the tern of this
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Agreement and any extensions thereof. City agrees to take all necessary action to
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maintain and preserve the Facilities in a safe, healthy and good working order condition
satisfactory to the District and in compliance with all applicable laws.
3.2 Acts of God, The above notwithstanding, City shall not be responsible to
repair or replace the Facilities if they are partially or totally damaged or destroyed by a
act of God, including but not limited to occurrences such as earthquake, food, fire or
storm, In the event of such occurrence, the Parties will consider what action, if any,
shall be taken to restore the Facilities.
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13 Ab tern f Dangergus l;ond'fions, City Al be responsible to take
appropriate action to abate any dangerous conditions. Any costs incurred by District to
abate the dangerous condition shall be reimbursed by City within thirty (30) days of
City's receipt of notice of such costs.
3.4 Qlasure for Maintenance. Any maintenance procedure which shall require
the temporary closure of the Facilities for more than twenty-four (24) hours shall occur
at times mutually agreed upon in writing between the parties.
3.5 Utilitigs, City shall provide for and install all utilities necessary for the
proper functioning of the Facilities. City shall pay all costs for the operation, repair and
maintenance of the utilities for the Facilities during the torm of this Agreement and any
extensions thereof.
SECTION 4 JOINT USE OF THE F6.ClL1TIE
41 District's A ortionent of Use. District shall have the right to the
exclusive use of the Facilities located on the School Site during normal school hours,
for the purposes of this Agreement, the term "normal school hours" shall be from 8:00
a.m. to 3:15 p.m., Monday through Friday, for each day that school is in session,
including lunch hour. It is understood ami.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 will be those fours that school classes start
and end as determined for each school year by the District.
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41 i ,s for meat of Use. The City have the right to the
exclusive use of the Facilities and the nonexclusive use of any existing parking spaces
located at the front of the School Site at all times other than normal ;school hours.
4.3 Scheduling. City and District agree that within thirty (30) days from
the date of exeoution of this Agreement, Qity and District shall establish a system to
provide for the coordination and scheduling of the use of the Facilities. each system
shall inciude a procedure for reserving the use of the Facilities and priorities for use of
the Facilities. The District will be given first priority in the use of the Facilities provided
District give advance written notice to City in compliance with the Parties' reservation
policy and procedure in effect at the time such notice is required.
EGTION 5 TEF WEXTENSIONS
5,t The initial term of this Agreement shall be for a period of
eight ( ) years commencing on the date this Agreement is fully executed by both
parties. City shall have the right to exercise an caption to renew the Agreement for
another two (2) years by giving written notice of the option renewal to District by not
later than sic ( ) months from the end of the Ini al Term.
52 Termination due to Default_ In the event of default by City,
District may terminate City's right to operate on the School Site at any time within
the Initial Teras by providing City written notice of the effective date of
termination. City shall not be deemed to be in default in the performance of any
obligation required to be performed by it unless and until it has failed to perform
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AOL
such obligation lain thirty (30) days after writte4otice by District to City
specifying in reasonable detail the nature and extent of any such failures
provided, however, that if the nature of the City's obligation Is such that more
than thirty (30) days are required for its performance, there City shall not be
deemed to be in default if it shall commence such performance within such thirty
(30) day period and thereafter diligently prosecutes the same to completion. In
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the event of default, each party shall bear its own aftomeys` fees and casts.
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SI* TION 6 OWNERSHI OF FACT .I`i'"IES. PURCHASE
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6.1 Title and Ownership. District owns and holds title to the entire Marco
Forster Middle School upon which will be constructed the Facilities. City shall own and
hold title to the roller hockey rink and. accompanying fixtures installed or constructed as
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pari of the rink. District shall yawn and hold We to any and all narking lets and
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accompanying fixtures installed or constructed as part of the packing lots.
6.2 Qption to Eurchage Ujgon Termination. Within n i nety (20)'days of the
termination of this Agreement.or any extension thereof pursuant to Section 5 above, the
District shall have the first caption to purchase the Facilities. If the District decides not to
exercise the right to purchase, then the Parties may agree to ether tens and
conditions regarding disposition of the Facilities. Transfer of title as a result of the
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purchase shall occur in the same manner as outlined in Section 6.3 below. District's
purchase of the Facilities shall result in City's rights pursuant to Section 4. „City's
Apportionment of Use" being terminated.
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Ask
,3 Transfer itle, Transfer of title and ownersh arra City to District of the
Facilities installed or constructed shall be deemed complete after City Council's and
Distdot Governing Board's approval of such transfer and Districts delivery to City of
Brads necessary for the purchase of the Facilities. Transfer of title from City to District
of the Facilities permanently and immediately terminates any and all of City's rights and
obligations under this Agreement with regard to those Facilities and such Facilities shall
be operated in District's sole discretion.
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6.4 Purchase by.Third Partv. City agrees that the Facilities small not. be sold
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to any third party at any time without the prior written consent of the District.
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7.1 District's bli ation of Indemnification, Neither City nor any officer or
r
employee of City shall be responsible for any personal injury or property damage or
s
liability occurring by reason of any negligent acts or negligent omissions on the part of
District, its officers, employees or agents in connection with this Agreement.
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Additionally, district shall fully indemnify, defend and hold the City harmless from and
against any liability unposed as a result of any injury whatsoever occur ng by reason of
any negligent acts or negligent omissions on the part of District, its officers., employees
or agents in connection with.this agreement.
w 7.2 Ci 's Obligation of Indemnification, NeMer District nor any officer car
1 _
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employee of District shall be responsible for any personal injury or property damage or
f
J
liability occurring by reason of any negligent acts or negligent omissions on the part of
e
city, its officers, empl scar agents in connection wfth Agreement. Additionally,
City shall fully indemnify, defend and hold District harmless from and against any
liability imposed as a result of any injury whatsoever occurring by reason of any
negligent acts or negligent omissions ars the part of,the City, its officers, employees or
agents in connection with this Agreement. City agrees to rewire City's Operator of the
Facilities to contractually eater into an appropriate indemnity covenant in favor of City
and District.
7.3 Cistrict`s Insurance g.bri ations. (district shall maintain general liability
insurance with combined single limit of not less than 1 million per occurrence for the
entire terra of this Agreement and any extensions thereof. Such insurance shall name
City, its officers, employees and agents as additional insured.
District shalt furnish properly executed certifficates of insurance to City within
thirty (30) days of entering into this Agreement, which certificates shall clearly evidence
all coverages required above and provide that such insurance shall not be materially
changed, terminated or allowed to expire except on thirty (30) days phor written notice
to City.
7.4 Ci `s ins rance Clli ations. City shall provide a certificate to District
establishing that it is part of the Sauthem California Joint Powers Insurance Authority
under which City is provided with general liability insurance of not less than 1 million
dollars. Such insurance shall name District, its Governing Board, its officers,
employees, and agents as additional insureds and shall be primary with respect to
insurance or self-insurance programs maintained by District,
9
AOL
City shall furnidWroperly executed certificates of Wrance to District within
thirty (30) days of entering into this Agreement, which certificates shall clearly evidence
all coverages required above and provide that such insurance shall not be materially
changed,.terminated or allowed to expire except on thirty (30) days prior written notice
to District.
Citgo shall require any City Operator to acquire and maintain at gill times general
liability insurance with a combined single limit of not less than five million dollars
($5,000,000 00) per occurrence for property'damage and personal injury with respect to
all activities of the City's Operator its the operation of the Facilities and shall rewire the
City Operator to name the City and District as additional insured.
SECTIQN-8 GENERAL PRQVISIO S
8.1 Ngti . Every notice, demand, request, designation, oonsent, approval or
other docurhent or instrument delivered pursuant to this Agreement shall be in writing
and shall be either personally delivered, seat by Federal Express or other reputable
overnight courier, seat by 'facsimile transmission with the original subsequently
delivered by other means within three (3) working days of the facsimile transmission, or
seat by registered or certified Limited States Mail (postage prepaid, return receipt
requested), to the addresses set forth below or to such other addresses as the Parties
may designate nate from time to tirne:
I
r
If to District;: Capistrano Unified School Distrct
32972 Calle Perfecto
San Juan Capistrano, California 92675
atten ort: Daniel J. Crawford
Assistant Superintendent
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If to City: City of Sari Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: City ManaMr
Women notice served by registered or certified mail shall be deemed delivered forty-
eight (48) hours after the date mailed. father notices shall be effective upon delivery.
8,2 Tags To the extent that there may be any possessory interest tees
arising out of this Agreement or the c nstruction and operation of the Facilities, District
shall not be responsible for ftse taxes,
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8.3 Cgyenants and Conditicans. Each terra and each provision of this
Agreementp erformable by either parva shall be deemed both a covenant and a
i
l condition.
1
8.4 Eartiai_Invalidily. If any term or provision of this Agreement or any
extension or application thereof to any party or circumstances shall, to any extent,. be
° invalid or unenforceable, the remainder of this Agreement or any extension shall be
valid and enforced to the fullest extent permitted by law.
8,5 giver. No delay or omission ire;the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as
a waiver. City°s consent or approval of any action by the District requiring City's
consent or approval shall not be deemed to waive or reader unnecessary City's consent €
to or approval of any subsequent act of District. District's consent or approval of any
1E
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1
AIL
action by the City reqdMg District's consent or approval Anot be deemed to waive
or render unnecessary District's consent to-or approval of any subsequent act of City.
Any waiver by either party of any default rnust be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
8.6 Entire 6greement. This Agreement represents the entire understanding of
the Parties as to those matters contained herein. No prior oral or written understanding
shall be of any force or effect with respect to those matters covered by this Agreement
'his Agreement shall be governed by the laves of the State of California and construed
as if drafted by bath City and DistricC This Agreement may not be modified, altered or
amended except in writing by the Parties.
8Y uceMor and Assi ns. The terms and conditions of this Agreement
shall be bonding on the successors and assigns of the Parties to this Agreement,
&B Hgadinos. Headings at the beginning of each numbered article and
section of this Agreement are solely for the convenience of the Parties and are not part
of this Agreement, As they are intended for reference only, no legal significance of any
kind shall be attached to such headings.
12
IN WITNESS WHEREOF, City and District have executed this Agreement in one
or more comer art which, taken together, shall constitute: one Agreement as of the
date indicated above.
PiSTRANO UNIFIED SCHOOL DISTRICT
D _ James A. Fleming
Superintendent
GPY Of SAN LEAN CAPISTRANO
Uhn Greiner , Mayo°
ATTEST-
Cheryl
ST:Ceryl J son , City Clerk
APPROVED AS TO FORM:
City Att0 ey
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13
JOINT FACILITY USE AGREEMENT
BETWEEN
CAPISTRANO UNIFIED SCHOOL DISTRICT
AND
CITY OF SAN JUAN CAPISTRANO
THIS JOINT FACILITY USE AGREEMENT ("Agreement") is made and entered
into to be effective on the 20"' clay of September, 2011, by and between the City of San
Juan Capistrano ("City) and the Capistrano Unified School District ("CUSD").
RECITALS:
1. Education Cone §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 Avian, San Juan Capistrano, California, and which had
field areas that are suitable for use for community recreation programs.
3. On May 25, 1999, CUSD and City entered into a Joint Development and Joint
Use Agreement for the development and construction of a roller hockeylmultipurpose
facility located at 3 Ilia Positiva, on the property of MFMS, which Agreement has
expired.
4. City desires to coordinate, schedule and conduct community recreation programs
on the City's roller hockey/multipurpose facility, located at 3 Via Positiva, on the
property of MFMS, during times when it is not being used for school purposes.
5. CITY and CUSD desire to enter into this Agreement to provide use of the roller
hockey/multipurpose facility at MFMS.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promise, covenants and
conditions herein contained, the parties hereto agree as follows:
1. Purpose of the A reement
The purpose of this Agreement is for the CITY and CUSD to work together to
provide for the public use, including use by community organizations, of the roller
hockey/multipurpose facility, and to coordinate and schedule those uses along with the
uses by the CITY and CU SID.
2. Use of MFMS by the CITY.
a. CUSD shall grant to the CITY the following.
i. The use of the CITY's roller hockey/multipurpose facility, located at
MFMS, including restrooms and parking lot during non-school
hours to conduct a community recreation program;
ii. The right to coordinate, schedule and allow the public use of the
roller hockey/multipurpose facility during non-school hours; and
iii. Maintenance responsibilities for the roller hockey/multipurpose
facility as set forth in Section 4(b) below
2
b. During the term of this Agreement, CUSD shall make the roller
hoekeylmultipurpose facility 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 roller hockey/multipurpose facility, including, but not
limited to, the construction of temporary or permanent buildings on the
area used for the roller hockey/multipurpose facility, subject to design
review and approval by CUED and the Division of the State Architect.
3. Scheduling the Use of the Roller hockey/Multipurpose Facility.
a. The CITY shall be responsible for and have the authority to schedule all
use of the roller hockey/multipurpose facility during non-school hours.
b. For purposes of this Agreement, school hours are defined to be from
8:00 a.m. to 3:30 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,
will be those hours that school classes start and end as determined for
each school year by CUSD.
c. CUSID shall have the exclusive use of the roller hockey/multipurpose
facility during school hours.
d. The CITY shall schedule all non-school hours use of the roller
hockey/multipurpose facility, including use by CUSD and MFMS. The
CITY shall establish a system to provide for the coordination and
scheduling of the roller hockey/multipurpose facility, including a procedure
for reserving the use of the roller hockey/multipurpose facility, providing
3
staff supervision and assigning priorities for use of the roller
hockey/multipurpose facility. The CITY will be given first priority, CUSD
will be given second priority and all others will be prioritized according to
the CITY's fee schedule. Use priority for all groups is based on facility
availability. For CUSD to schedule use of the roller hockey/multipurpose
facility at a particular time, it will have to contact the CITY at least thirty
(30) days in advance of the date of the use. Additionally, the CITY shall
schedule the use of the roller hockey/multipurpose facility to allow for
maintenance/renovation purposes.
e. The CITY shall insure that, as to the reservation of use of the roller
hockey/multipurpose facility by persons and organizations, that each such
person or organization shalt have in effect at the time of use of the roller
hockey/multipurpose facility, general liability insurance coverage in the
amount of at least $1,000,004 per occurrence, and that the CITY and
CUSD are named as additional insured on the applicable insurance
policies.
4. Maintenance of the Roller Hockey/multipurpose Facility
a. CUSD shall be responsible for and pay all necessary costs incurred for the
following:
L Maintenance and repair of the roller hockey/multipurpose facility
necessary to maintain and restrooms daring school usage hours.
b. CITY shall be responsible for and pay all necessary costs incurred for the
following:
4
L Maintenance and repair of the roller hockeylmultipurpose facility
necessary to maintain and restrooms during non-school usage
hours.
ii. All electrical utility casts.
5. Use of Other MFMS Facilities.
The CITY and the persons, organizations, and/or concessions that use the roller
hockey/multipurpose facility pursuant to permits issued by the CITY may have
non-exclusive access to and use of the MFMS parking lots.
6.. Charges for Use of the Roller Hocke /Multi ur ose Facili .
The CITY may charge the persons and organization that use the roller
hockey/multipurpose facility during non-school hours a user fee or charge for
such use as set by resolution of City Council. The purpose of this flee is for the
CITY to recover the costs it incurs in scheduling the use of and maintaining the
roller hockey/multipurpose facility. CUSD shall not be charged for its use of the
roller hockey/multipurpose facility either for use during school hours or for use
during non-school Fours. CUSP shall not charge either the CITY or the public for
the use of the roller hockey/iultipurpose facility during non-school hours.
7. Term.
The term of this Agreement shall be for ten (10) years commencing September
20, 2011. This Agreement may be terminated by either party with one hundred
eighty (180) clays prier written notice to other party. Upon written agreement of
both parties, this Agreement may be extended for an additional five (5) year term.
5
8. Cooperation 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.
9. Indemnification and Insurance.
a. CITY shall save and bald CUSD harmless to the extent authorized by lava
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 the One
Million Dollars ($1,000,000).
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 dangerous or defective condition of equipment or other
improvements installed or constructed by CUSD, on property awned by
CUSD, or a failure to maintain said equipment and improvements installed
6
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).
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.
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: Manager, Community Services Department
City of San duan Capistrano
25925 Camino del Avion
Sari Juan Capistrano, CA 92675
CUSD; Attn: Executive Director, Facilities
Capistrano Unified School District
33122 Valle Road
San duan Capistrano, CA 92675
7
11.Entire Agreement.
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 the 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.
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.
16.Successors and Assi ns.
The terms and conditions of this Agreement shall be.binding on the successors
and assigns of the parties to this Agreement.
[SIGNATURE PAGE TOFOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
"CITY"
CITY OF SAN JUAN CAPISTRANO
By
Sam Allevato, Mayor
`°CUSQ"
By
Superintendent or Designee
ATTEST;
(Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
Exhibit A
10
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E XHIBIT A MASTER PLAT
THE CITY OF
SAN JUAN CAIS ISTRANO
i
f
Marco Forster Middle School (
Roller Hockey/Multipurpose Facility I
3 Via Positiva
San Juan Capistrano, CA 92675
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LC'1CAF1f3P+k
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117
0 3000 6000 9000 yet
JOINT FACILITY USE AGREEMENT
BETWEEN
CAPISTRANO UNIFIED SCHOOL DISTRICT
AND
CITY OF SAN JUAN CAPISTRANO
THIS JOINT FACILITY USE AGREEMENT ("Agreement") is made and entered into to
be effective on the clay of , 2011, by and between the City of San
Juan Capistrano ("CITY") and the Capistrano Unified School District ("CUSD").
RECITALS:
1. Education Code §10900 et sed. 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
2.5001 Camino del Avion, San Juan Capistrano, California, and which has facilities that ars;
suitable for use for community recreation programs.
3. On May 25, 1999, CUED and CITY entered into a Joint Development and Joint Use
Agreement for the development, construction, and operation of a roller hockey/multipurpose
facility located at 3 Via Positiva, on the property of MFMS, which has expired. The CITY; as
a result of the 1999 Joint Use Agreement, constructed the roller hockey/multipurpose facility
on the MFMS property.
4. CITY desires to coordinate, schedule and conduct community recreation programs on
the roller hockey/multipurpose facility, located at 3 Via Positiva, on the property of MFMS,
during times when it is not being used for school purposes.
ATTACHMENT 2.
. CITY and CUSD desire: to enter.into this Agreement to.provide public use of the roller
hockey/multipurpose facility at MFMS
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promise, 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 CUSD to work.together to provide
for the operation and/or public use, including use by community organizations, of the roller
hockey/multipurpose facility, and to coordinate and schedule those uses along with the uses
by the CITY and CUM.
2. Use of MFVIS by the CITY.
a. CUED shall grant to the CITY the following:
i. The right to operate, coordinate, schedule and/or allow the operation
and/or public use of the roller hockey/multipurpose facility during non-
school hours; and
ii. Maintenance responsibilities for the roller hockey/multipurpose facility as
set forth in Section 4(b) below.
b. During the term of this Agreement, CUSD shall make the roller
hockey/multipurpose facility 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 roller hockey/multipurpose facility, including, but not limited to, the
2
construction of temporary or permanent buildings on the area used for the roller
hockey/multipurpose facility.
3. 5chedulin the Use of the Roller Hocke /Multi ur ase 1=acilit .
a. The CITY shall be responsible for and have the authority to control, coordinate,
and/or schedule all use of the roller hockey/multipurpose facility during non-
school hours.
b, For purposes of this Agreement, school hours are defined to be from 8:00 a.m.
to 3:30 p.m., Monday through Friday, for each day that school at MEMS is in
session. It is understood and agreed that the starting and ending times for
school Fours may change from school year to school year, and that for each
school year, the actual starting and ending times, will be these hours that
school classes start and end as determined for each school year by CUSD.
CUSD, at its sole discretion, may extend the scope of school hours by as much
as 30 minutes before the start time:of classes or after the end time of classes,
or both, in order to allow sufficient time for students to arrive at or leave the
premises before the Cl TY commences its use.of the roller hockey/multipurpose
facility_
c. CUSD shall have the exclusive use of the roller hockey/multipurpose facility
during school hours.
d. The CITY shall control, coordinate, and/or schedule all non-school hours use of
the roller hockey/multipurpose facility, including use by CUSD and MFMS. The
CITY shall establish a system to provide for the control,coordination acid/or
scheduling of the roller hockey/multipurpose facility, including controls and/or
procedures for reserving the use of the roller hockey/multipurpose facility,
providing supervision and assigning priorities for use of the roller
3
Hockey/multipurpose facility, CUS. D will be given first priority of use provided
CUSD gives advance written notice to CITY in compliance with the CITY's
controls aridly procedures at the time of the notice, and all others will be
prioritized according to the CITY's controls and/or procedures. Use priority for
all groups is based on facility availability. Additionally, the CITY shall schedule
the use of the roller h.ockeylmultipurpose facility to allow for
maintenance/renovation purposes.
e. The CITY shall Ensure that, as to the operation and/or reservation of use of the
roller hockey/multipurpose facility by persons and organizations, each such
person or organization shall have in effect at the time of use of the roller
hockey/multipurpose facility, general liability insurance coverage in the amount
of at least$1,000,000 per occurrence, and that the CITY and CUSD are named
as additional insured on the applicable insurance policies,
4. Maintenance of the Roller Hockey/multipurpose Facility
i. CUSD shall be responsible for and pay all costs incurred for any
necessary maintenance or custodial services, and/or repairs for
damages (if any) resulting from CUSD's use of the roller
hockey/multipurpose facility.
ii. CITY shall be responsible for and pay all costs incurred for any
necessary maintenance or custodial services, and/or repairs for
damages (if any) resulting from the scheduled public use of the roller
hockeylmultipurpose facility.
5. Charges for Use of the Roller-Hockey_[Multigurpose Facility.
The CITY may charge the persons and organization that operate and/or use the roller
hoci<ey/multipurpose facility during nor;-school hours an operations user fee, or charge for
4
such use as set by contract or fee 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 roller
hockey/multipurpose facility. CUSD shall not be charged for its use of the roller
hockeylmulti.purpose facility 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 roller
hockey/multipurpose facility during non-school hours. In the event CITY contracts with an
operator to manage the use of the roller hockey/multipurpose facility, CITY agrees to annually
pay CUSD twenty percent (20%) of the amount CITY is to. contractually receive from CITY's
operator of the facility.
6. Term.
The term of this Agreement shall be for eight (8) years commencing on the date this
Agreement is fully executed by the City. and CUSD. The City shall have the right to exercise
an option to renew the Agreement for another two (2) years by giving advance written notice
of the option renewal to CUSD not later than six (6) months from the end of the initial term.
This Agreement may be terminated without cause by either party with one hundred eighty
(186) days prior written notice to the other party.
7. Cooperation 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.
8. Indemnification and Insurance..
a. CITY shall save and hold CUSD, as well as its officers, employees, agents, and
volunteers, 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
5
force without being impaired or invalidated in any way, to the extent that the invalidity or
unenforceability does not impair the application of this Agreement as intended by the parties.
15.Successors and Assigns.
The terms and conditions of this Agreement shall be binding on the successors and
assigns of the parties to this Agreement.
[SIGNATURE PAGE TO FOLLOW].
9
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.
11.Goveming-Law.
This Agreement will be governed by and construed in accordance with the laws of the
State of Califamia.. 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.
12.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.
13.Attom s' 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.sarne action or in a Separate action
brought for that purpose, in addition to any other relief to which that party may be entitled.
1 4.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
8
aforementioned insurance coverage which will result in a decrease in the scope
or the amount of such coverage.
9. Notices.
Any notices to be given hereunder by either party to the ether 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 (1 D) calendar days following the date of mailing of the
notice:
CITY': Attn: Manager, Community Services Department
City of Saiz Juan Capistrano
25925 Camino del Avian
San Juan Capistrano, CA 92575
CUSD: Attn: Executive Director, Facilities
Capistrano Unified School District
33122 Valle load
San Juan Capistrano, CA 92675.
10.Entire Agreement.
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 the
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
7
conditionof 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. CITE 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 the One.
Million Dollars ($1,00D,000).
b. CITY shall require any CITY Operator to acquire and maintain at all times
general liability insurance with a combined single limit of.not less than three
million dollars ($3;000,000.00) per occurrence for property damage and
personal injury with respect to all activities of the CITY's Operator in the
operations of the roller hockeylmultipurpose facility and shall require the CITY
Operator to name the CITY and CUSD as additional insureds.
c. 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 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 CUED in a safe
condition or which might arise as a result of acts or omissions of employees of
CUED. CUED 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 billion Dollars ($1,000,000).
d, The CITY and CUED each agree to provide thirty (30) days' written notice to the
other party if it proposes any substitution, change, or other•modification of the
.6
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9/20/2011
SUPPLEMENTARY AGENDA REPORT
D11
TO: Karen P. Brust, City Moili'a'/
FROM: Cynthia Alexander, Community Services Manager
SUBJECT: Consideration of Approval of a Joint Facility Use Agreement Between the
City of San Juan Capistrano and Capistrano Unified School District for the
Roller Hockey/Multipurpose Facility.
�I
RECOMMENDATION
By motion, approve the Joint Facility Use Agreement Between the City of San Juan
Capistrano and Capistrano Unified School District for the Roller Hockey/Multipurpose
Facility located at 3 Via Positiva.
After the posting of the agenda, the revisions shown in the attached redlined agreement
were made to clarify that the City has the option to contract with an operator for the
facilities, rather than itself manage the use of the facilities. '
Respectfully submitted, J
�J !
Cynthia Alexander
Community Services Manager
Attachment: Revised Agreement
758751.1
33,
i
t
JOINT FACILITY USE AGREEMENT
BETWEEN
CAPISTRANO UNIFIED SCHOOL DISTRICT
AND
CITY OF SAN JUAN CAPISTRANO
THIS JOINT FACILITY USE AGREEMENT ( g reement
"A ") is made and entered
into to be effective on the 20th day of September, 2011, by and between the City of San
Juan Capistrano ("City) and the Capistrano Unified School District ("CUSD").
a
RECITALS:
1. Education Code §10900 et seg. 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 had
field areas that are suitable for use for community recreation programs.
3. On May 25, 1999, CUSD and City entered into a Joint Development and Joint
Use Agreement for the development and construction of a roller hockey/multipurpose
facility located at 3 Via Positiva, on the property of MFMS, which Agreement has
expired.
E
ATTACHMENT 2
4. City desires to coordinate, schedule and conduct community recreation programs
on the City's roller hockey/multipurpose facility, located at 3 Via Positiva, on the
property of MFMS, during times when it is not being used for school purposes.
5. CITY and CUSD desire to enter into this Agreement to provide use of the roller
hockey/multipurpose facility at MFMS.
AGREEMENT:
7
NOW, THEREFORE, in consideration of the mutual promise, 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 CUSD to work together to
provide for the operation and/or public use, including use by community organizations,
of the roller hockey/multipurpose facility, 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 the CITY the following:
L The use of the CITY's roller hockey/multipurpose facility, located at
MFMS, including restrooms and parking lot during non-school
hours ;
ii. The right to operate, coordinate, schedule and/or allow the
operation and/or public use of the roller hockey/multipurpose facility
during non-school hours; and
2
iii. Maintenance responsibilities for the roller hockey/multipurpose
facility as set forth in Section 4(b) below
b. During the term of this Agreement, CUSD shall make the roller
hockey/multipurpose facility 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 roller hockey/multipurpose facility, including, but not
limited to, the construction of temporary or permanent buildings on the
area used for the roller hockey/multipurpose facility, subject to design
review and approval by CUSD and the Division of the State Architect.
3. Scheduling the Use of the Roller Hockey/Multipurpose Facility.
a. The CITY shall be responsible for and have the authority to control,
coordinate, and/or schedule all use of the roller hockey/multipurpose
facility during non-school hours.
b. For purposes of this Agreement, school hours are defined to be from
8:00 a.m. to 3:30 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,
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 roller hockey/mu ltipurpose
1�
facility during school hours.
d. The CITY shall control, coordinate, and/or schedule all non-school hours
use of the roller hockey/multipurpose facility, including use by CUSD and
3
MFMS. The CITY shall establish a system to provide for the control,
coordination and/or scheduling of the roller hockey/multipurpose facility,
including a controls and/or procedures for reserving the use of the roller
hockey/multipurpose facility, providing staff-supervision and assigning
priorities for use of the roller hockey/multipurpose facility. The CITY and its
contracted operator will be given first priority, CUSD will be given second
priority and all others will be prioritized according to the CITY's fee
hedu;econtrols and/or procedures. Use priority for all groups is based on
facility availability. For CUSD to schedule use of the roller
hockey/multipurpose facility at a particular time, it will have to contact the
CITY at least thirty (30) days in advance of the date of the use.
Additionally, the CITY shall schedule the use of the roller
hockey/multipurpose facility to allow for maintenance/renovation purposes.
e. The CITY shall insure that, as to the operation and/or reservation of use of
the roller hockey/multipurpose facility by persons and organizations, that
each such person or organization shall have in effect at the time of use of
the roller hockey/multipurpose facility, general liability insurance coverage
in the amount of at least $1,000,000 per occurrence, and that the CITY
and CUSD are named as additional insured on the applicable insurance
i,
policies.
4. Maintenance of the Roller Hockey/multipurpose Facilit
a. CUSD shall be responsible for and pay all necessary costs incurred for the
following:
4
i
i
L Maintenance and repair of the roller hockey/multipurpose facility
necessary, and to maintain a43A-restrooms during school usage
hours.
b. CITY shall be responsible for and pay all necessary costs incurred for the
following:
L Maintenance and repair of the roller hockey/multipurpose facility
necessary, and to maintain a-nd-restrooms during non-school usage
hours.
ii. All electrical utility costs.
5. Use of Other MFMS Facilities.
The CITY and the persons, organizations, and/or concessions that use the
roller hockey/multipurpose facility pursuant to permits issued by the CITY
may have non-exclusive access to and use of the MFMS parking lots.
6. Charges for Use of the Roller Hockey/Multipurpose Facility.
The CITY may charge the persons and organization that operate and/or use the
roller hockey/multipurpose facility during non-school hours an operations, user
fee, or charge for such use as set by contract or fee 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 roller hockey/multipurpose facility. CUSD shall not
be charged for its use of the roller hockey/multipurpose facility 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 roller hockey/multipurpose facility
during non-school hours.
5
i
7. Term.
The term of this Agreement shall be for ten (10) years commencing September
20, 2011. 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. Cooperation 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.
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 the One
Million Dollars ($1,000,000).
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
6
I
I
I
death, or damages to property resulting from or which may arise by
reason of dangerous or defective condition of equipment or other �I
improvements installed or constructed by CUSD, on property owned byI
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).
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.
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: Manager, Community Services Department
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92575
7
9
CUSD: Attn: Executive Director, Facilities
Capistrano Unified School District
33122 Valle Road
San Juan Capistrano, CA 92675
11.Entire Agreement.
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 the 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.
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.
8
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.
a
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.
16.Successors and Assigns.
The terms and conditions of this Agreement shall be binding on the successors
and assigns of the parties to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
9
i
i
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
"CITY" ai
CITY OF SAN JUAN CAPISTRANO
By
Sam Allevato, Mayor
"CUSD"
By
Superintendent or Designee
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
Exhibit A
10
9/20/2011
AGENDA REPORT D11
TO: Karen P. Brust, City Mar m
FROM: Cynthia Alexander, Comm ni y Services Manager
SUBJECT: Consideration of Approval of a Joint Facility Use Agreement Between the
City of San Juan Capistrano and Capistrano Unified School District for the
Roller Hockey/Multipurpose Facility
RECOMMENDATION:
MENDATION:
By motion, approve the Joint Facility Use Agreement between the City of San Juan
Capistrano and the Capistrano Unified School District (CUSD) for the roller
hockey/multipurpose facility located at 3 Via Positiva.
SITUATION:
In 1999, CUSD and the City entered into a Joint Development and Joint Use Agreement
for the development and construction of a roller hockey/multipurpose facility
(Attachment 1). The Joint Development and Joint Use Agreement between the City and
CUSD for this facility has expired. The arrangement between CUSD and the City has
been a valued partnership; therefore, staff is proposing a new Joint Facility Use
Agreement (Attachment 2) to continue conducting community recreation programs for
the City of San Juan Capistrano at this site. The City owns and holds title to the roller
hockey/multipurpose facility and accompanying fixtures installed/constructed as part of
the facility.
The term of the proposed Joint Facility Use Agreement is 10 years and may be
extended for an additional five (5) year term upon the written agreement of both parties.
The agreement may be terminated by either party with one hundred eighty (180) days'
notice. The process to consider the proposed agreement begins with the City Council's
consideration of the proposed agreement. If the City Council approves the agreement,
it will be forwarded to the CUSD to be agendized for consideration by the Board of
Trustees. If the agreement is approved by both parties, the City would then continue
the operation of the facility. In an effort to continue providing community recreation
programs, staff is recommending that a Request for Proposal (RFP) be sent to
organizations interested in providing youth/adult sports programs and continuing to
cover the maintenance and utility costs of the roller hockey/multipurpose facility.
Agenda Report
Page 2 September 20, 2011
COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS:
This item will be presented at the September 19, 2011 Parks, Recreation and Senior
Services (PRSS) Commission meeting. Staff will provide a Supplemental Agenda
Report if the PRSS Commission has a different recommendation.
FINANCIAL CONSIDERATIONS:
Under the previous agreement, the facility was operated and maintained by a third-party
licensee that constructed the facility and conducted the fee-based community recreation
programs. The City did not incur any costs associated with this facility. Staff is
recommending a similar arrangement for the continued operation and maintenance of
the facility. In is anticipated the terms of an operating agreement would include all costs
to operate and maintain the facility and an appropriate fee to the City. If the City
determines that the facility would be run directly by the City, user fees would be
determined based on the cost to operate the facility. Upon completion of the RFP
process, staff would return to City Council with the details of the financial issues of a
third-party operations agreement or user fees based on the ultimate recommendation
for the operation of the facility
NOTIFICATION:
Cary Brockman, Executive Director, Facilities
Capistrano Unified School District
RECOMMENDATION:
By motion, approve the Joint Facility Use Agreement between the City of San Juan
Capistrano and the Capistrano Unified School District (CUSD) for the roller
hockey/multipurpose facility located at 3 Via Positiva.
Respectfully submitted,
Cynthia Alexander
Community Services Manager
Attachments: 1. 1999 Joint Development and Joint Use Agreement
2. Proposed Joint Use Agreement
3. Map
JOINT VELOPMENT AND JOINT USE APREEMENT
BETWEEN CAPISTRANO UNIFIED SCHOOL DISTRICT AND
THE CITY OF SAN JUAN CAPI SIR—ANO
THIS JOINT DEVELOPMENT AND JOINT USE AGREEMENT (this
"Agreement'") is made and entered into this 25 day of_MAY , —, 1999 by and
between Capistrano Unified School District (the "District"), a school district duly
organized and operated under the laws of the State of California, and the City of San
Juan Capistrano (the "City"), a California municipal corporation, both of whom shall be
collectively referred to as the "Parties," and is based upon the following:
RECITALS:
WHEREAS, Section 10900 et sea. of the Education Code of the State of
California authorizes the City and the District to contract with one another to establish,
construct, improve, operate and maintain recreational facilities and programs; and
WHEREAS, the City and the District have approved a joint plan (the "Master
Plan") that provides for the development. and shared use of a portion of a school site
owned by the District known as the Marco Forster Middle School (hereinafter the
"School Site"). The Master Plan and all1related documents are attached hereto as
Exhibit A and incorporated herein as if fully set forth; and
WHEREAS, the Master Plan envisions development of a roller hockey rink
facility, other related recreation oriented improvements (the "Facilities") upon the School
Site which will provide an important educational and recreational opportunity to District
6
students and to the community of San Juan Capistrano; and
ATTACHMENT 1
WHEREAS, bo he District and the City wish to h the rights to use those
Facilities which are to be constructed on the School Site in the manner and at the times
indicated in this Agreement; arta
WHEREAS, District is willing to grant to City the right to allow the public to use
the Facilities on the School Site in exchange for the City's performance hereunder.
NOW, THEREFORE, in consideration of the mutual promises arta covenants
herein contained, the Parties agree as follows:
SECTIQN 1 CONSTRUCTION.
1.1 Com liance with the Division of State Architect. The architect's plans and
specifications for the Facilities shall be submitted to the Division of the State Architect
(DSA) for approval. The construction and installation of the Facilities to be placed on
the School Site shall comply with all requirements of the Division of the State Architect
(DSA).
1.2 Construction of the Facilities. City shall construct or cause to be
constructed at its sole coast and expense the Facilities as provided in the plans and
specifications and agrees to provide to District information regarding the award of a
construction contract and the progress of the construction of the Fa0lities.
1
I
13 Change Orders. Except as provided below, City shall have the exclusive
authority to approve change orders applicable to the Facilities if the same become
necessary. City agrees to supply information regarding the change orders to the
2
7Districtprior to the w orr'trrmencing on the change order.
1A additional Work. City and District may.mutually amend this Agreement, in
writing, to modify the scope of the work related to the Facilities to include other
construction work. District shall be responsible for any and all costs associated with
such additional work which is solely for the beneift of the District. City shall be
responsible for any and all assts associated with additional work which solely benefit
the City.
C station between the Ci nci the District. City and District shall
cooperate in the construction of the Facilities and shall use all reasonable diligence in
granting anddrr obtaining any and all approvals necessary for the construction of the
Facilities_
1.6 Schedule for Development. District and City shall mutually agree in
writing upon a development schedule for the construction of the Facilities which will not
disrupt the normal use and operation of the Marco Forster Middle School such that it
hampers the school's ability to properly function and carry out its educational purposes.
1.7 Notice of GcaMpletfon. Upon City and District approval of the final
inspection of the Facilities, City shall issue a Notice of Completion and mail such notice
to District.
SECTIO Ol�EMTION
Except as otherwise provided in this Agreement, City shall be responsible for the
operation of the Facilities and for all coasts associated with the operation of the
Facilities on the School Site. City agrees to annually pay District twenty percent (20%)
of the amount that City is to contractually receive from City's Operator of the Facilities.
At the end of each fiscal year, Laity shall certify to District the enact amount of revenue
City has received from the City's Operator. Within thirty (30) days of said certification,
City shall thea transmit the amount due and owing to the District,
SECTION 3 MAINTENANCE
3A K.4aintenance Coasts. Except as otherwise set forth in this Agreement, City
shall maintain the f=acilities at its sole coast and expense during the terra of this
Agreement and any extensions thereof. City agrees to take all necessary action to
maintain and preserve the Facilities in a safe, healthy and good working order condition
satisfactory to the District and in compliance with all applicable laves.
3.2 Acts of God. The above notwithstanding, City shall not be responsible to
repair or replace the Facilities if they are partially or totally damaged or destroyed by an
act of God, including but not limited to occurrences such as earthquake, flood, fire or
storm. In the event of such occurrence, the Parties will consider what action, if any,
shall be taken to restore the Facilities.
4
3.3 Ab tem f Dangerous Conditions. City s I be responsible to take
[7abate
riate action to abate any dangerous conditions. Any costs incurred by District to
he dangerous condition shall be reimbursed by City within thirty (30) days oCitys receipt of notice of such costs.
3.4 Closure for Maintenance. Any maintenance procedure which shall require
the temporary closure of the Facilities for more than twenty-four (24) hours shall occur
at tunes mutually agreed upon in writing between the Parties.
3.5 Utilities. City shall provide for and install all utilities necessary for the
proper functioning of the Facilities. City shall pay all costs for the operation, repair.and
maintenance of the utilities for the Facilities during the terra of this Agreement and any
extensions thereof.
SECTION 4 JOINT USE OF THE FACILITIES
4.1 District's Apportionment of Use, District shall have the right to the
exclusive use of the Facilities located on the School Site during normal school hours.
for the purposes of this Agreement, the term "normal school hours" shall be from 8:00
a.m. to 3:15 p.m., Monday through Friday, for each day that school is in session,
including lunch hour. 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 will be these hours that school classes start
and end as determined for each school year by the District.
5
4.2 City's AI g io nrreent of Use. The City s have the right to the
exclusive use of the Facilities and the nonexclusive use of any existing parking spaces
located at the front of the School Site at all times other than normal school hours.
4.3 Scheduling. City and District agree that within thirty (30) days from
the state of execution of this Agreement, City and District shall establish a system to
provide for the coordination and scheduling of the use of the Facilities. Such system
shall include a procedure for reserving the use of the Facilities and priorities for use of
the Facilities. The District will be given first priority in the use of the Facilities provided
District give advance written notice to City in compliance with the Parties' reservation
policy and procedure in effect at the time such notice is required.
SECII—ON_5 TI;RWEXTENSIO S
5.1 lniti l Term. The Initial Term of this Agreement shall be for a period of
eight (S) years commencing on the date this Agreement is fully executed by both
Parties. City shall have the right to exercise an option to renew the Agreement for
another- two (2) years by giving written notice of the option renewal to District by not
later than six (5) months from the end of the Initial Term.
5.2 Termination due to Default. In the event of default by City,
District may terminate City's right to operate on the School Site at any time within
the Initial Terra by providing City written notice of the effective date of
termination. City shall not be deemed to be in default in the performance of any
obligation required to be performed by it unless and until it has failed to perform
6
such obligation*hin thirty (30) days after writte4otice by District to City
specifying in reasonable detail the nature and extent of any such failure;
provided, however, that if the nature of the City's obligation Is such that more
than thirty (30) days are required for its performance, then City shall not be
deemed to be in default if it shall commence such performance within such thirty
(30) day period and thereafter diligently prosecutes the same to completion. In
the event of default, each party shall bear its own aftomeys' fees and costs.
SECTION 6 OWNERSHIP OF FACILITIES. PURCHASE
6.1 Title and Ownershin. District owns and holds title to the entire Marco
Forster Middle School upon which will be constructed the Facilities. City shall own and
hold title to the roller hockey rink and accompanying fixtures installed or constructed as
part of the rink. District shall own and hold title to any and all parking lots and
accompanying fixtures installed or constructed as part of the parking lots.
6.2 ODtion to Purchase_!Ipon Termination. Within ninety ( 0)'days of the
termination of this Agreement or any extension thereof pursuant to Section 5 above, the
District shall have the first option to purchase the Facilities. If the District decides not to
exercise the right to purchase, then the Parties may agree to other terms and
conditions regarding disposition of the Facilities. Transfer of title as a result of the
purchase shall occur in the same manner as outlined in Section 6.3 below. District's
purchase of the Facilities shall result in City's rights pursuant to Section 4.2 "City's
Apportionment of Use" being terminated.
7
3.3 Transfer itis. Transfer of title and ownersh rom City to District of the
Faicilities installed or constructed shall be deemed complete after City Council's and
District Governing Board's approval of such transfer and Districts delivery to City of
funds necessary for the purchase of the Facilities. Transfer of title from City to District
of the Facilities permanently and immediately terminates any and all of City's rights and
obligations under this Agreement with regard to those Facilities and such Facilities shall
be operated in District's sale discretion.
6.4 Purchase bei Third Party. City agrees that the Facilities shall not be sold
to any third party at any time without the prior written consent of the District.
SECTION 7 INDEMNIFICATION/INSURANCE
7.1 Districts Obligation of Indemnification. Neither City nor any officer ,or
employee of City shall be responsible for any personal injury or property damage or
liability Occurring by reason of any negligent acts or negligent omissions can the part of
District, its officers, employees or agents in connection with this Agreement.
Additionally, District shall fully indemnify, defend and hold the City harmless from and
against any liability imposed as a result of any injury whatsoever occurring by reason of
any negligent acts or negligent omissions on the part of District, its officers, employees
or agents in connection with this Agreement.
7.2 City's Obligation of Indemnification, Neither District nor any officer or
employee of District shall be responsible for any personal injury or property damage or
liability occurring by reason of any negligent acts or negligent omissions on the part of
r�
City, its officers, empl s or agents in connection with Agreement. Additionally,
City shall fully indemnify, defend and hold District harmless from and against any
liability imposed as a result of any injury whatsoever occurring by reason of any
negligent acts or negligent omissions can the part of the City, its officers, employees or
agents in connection with this Agreement. City agrees to require City's Operator of the
Facilities to contractually enter into an appropriate indemnity covenant in favor of City
and District_
7.3 District's Insurance Obligations, District shall maintain general liability
insurance with combined single limit of not less than. $1 million per occurrence For the
entire term of this Agreement and any extensions thereof. Such insurance shall name
City, its officers, employees and agents as additional insured.
District shalt furnish properly executed certificates of insurance to City within
thirty (30) days of entering into this Agreement, which certificates shall clearly evidence
all coverages required above and provide that such insurance shall not be materially
changed, terminated or allowed to expire except on thirty (30) days prior written notice
to City.
7.4 City shall provide a certificate to District
establishing that it is part of the Southern California Joint Powers Insurance Authority
under which City is provident with general liability insurance of not less than $1 million
dollars. Such insurance shall name District, its Governing Board, its officers,
employees, and agents as additional insureds and shall be primary with respect to
insurance or self-insurance programs maintained by District.
9
City shall furni4wroperly executed certificates of 146rance to District within
thirty (30) days of entering into this Agreement, which certificates shall clearly evidence
all coverages required above and provide that such insurance shall not be materially
changed, terminated or allowed to expire except can thirty (30) days prior written notice
to District.
City shall require any City Operator to acquire and maintain at all tinges general
liability insurance with a combined single limit of not less than five million dollars
($5,000,000.00) per occurrence for property damage and personal injury with respect to
all activities of the City's Operator in the operation of the Facilities and shall require the
City Operator to name the City and District as additional insured.
SECTION 8 GENERAL PROVISIONS
8.1 notice. Every notice, demand, request, designation, consent, approval or
other document or instrument delivered pursuant to this Agreement shall be in writing
and shall be either personally delivered, sent by Federal Express or other reputable
overnight courier, sent by facsimile transmission with the original subsequently
delivered by other means within three (3) working days of the facsimile transmission, or
sent by registered or certified United States Mail (postage prepaid, return receipt
requested), to the addresses set forth below or to such ether addresses as the Parties
may designate from time to time:
If to District. Capistrano Unified School District
32972 Calle Perfecto
San duan Capistrano, California 92676
Attention: Daniel J. Crawford
Assistant Superintendent
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: City LAgnager
Written notice seared by registered or certified mail small be deemed delivered forty-
eight (48) hours after the date mailed. Other notices shall be effective upon delivery.
8.2 Taxes To the extent that there may be any possessory interest taxes
arising out of this Agreement or the construction and operation of the Facilities, District
shall not be responsible for those taxes.
8.3 Covenants and Conditions. Each terra and each provision of this
Agreement perfoninable by either party shall be deemed both a covenant and a
condition.
8.4 Partial Invalidity. if any term or provision of this Agreement or any
extension or application thereof to any party or circumstances shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement or any extension shall be
valid and enforced to the fullest extent permitted by law.
8.5 Agiyer. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any action by the District requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of District. District's consent or approval of any
tI
action by the City reqL*g District's consent or approval A not be deemed to waive
or render unnecessary District's consent to or approval of any subsequent act of City.
Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
8.6 Entire Agreement. This Agreement represents the entire understanding of
the Parties as to those matters contained herein. No prior oral or written understanding
shall be of any force or effect with respect to those matters covered by this Agreement.
This Agreement shall be governed by the laws of the State of California and construed
as if drafted by both City and District, This Agreement may not be modified, altered or
amended except in writing by the Parties.
8.7 Successors and AssiaMs. The terms and conditions of this Agreement
shall be binding on the successors and assigns of the Parties to this Agreement,
8.8 Headings Headings at the beginning of each numbered article and
section of this Agreement are solely for the convenience of the Parties and are not part
of this Agreement. As they are intended for reference only, no legal significance of any
Wind shall be attached to such headings.
12
IN WITNESS WHEREOF, City and District have executed this Agreement in one
or more counterpart which, teen together, shall constitute one Agreement as of the
date indicated above.
PISTRAANO UNIFIED SCHOOL DISTRICT
D . dames A. Fleming
Superintendent
C 0 SAID RAIN GAPISTRANO
ohn Greiner Mayor
ATTEST:
NIL' -X K.
Cheryl J06asan , City Clerk
APPROVED AS TO FORM:
Cll-�;�—
City Attar ey
13
JOINT FACILITY USE AGREEMENT
BETWEEN
CAPISTRANO UNIFIED SCHOOL DISTRICT
AND
CITY OF SAN JUAN CAPISTRANO
THIS JOINT FACILITY USE AGREEMENT ("Agreement") is made and entered
into to be effective on the 20th day of September, 2011, 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 had
field areas that are suitable for use for community recreation programs.
3. On May 25, 1999, CUSD and City entered into a Joint Development and Joint
Use Agreement for the development and construction of a roller hockey/multipurpose
facility located at 3 Via Positiva, on the property of MFMS, which Agreement has
expired.
ATTACHMENT 2
4. City desires to coordinate, schedule and conduct community recreation programs
on the City's roller hockey/multipurpose facility, located at 3 Via Positiva, on the
property of MFMS, during times when it is not being used for school purposes.
5. CITY and CUSD desire to enter into this Agreement to provide use of the roller
hockey/multipurpose facility at MFMS.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promise, 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 CUSD to work together to
provide for the public use, including use by community organizations, of the roller
hockey/multipurpose facility, 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 the CITY the following:
i. The use of the CITY's roller hockey/multipurpose facility, located at
MFMS, including restrooms and parking lot during non-school
hours to conduct a community recreation program;
ii. The right to coordinate, schedule and allow the public use of the
roller hockey/multipurpose facility during non-school hours; and
iii. Maintenance responsibilities for the roller hockey/multipurpose
facility as set forth in Section 4(b) below
2
b. During the term of this Agreement, CUSD shall make the roller
hockey/multipurpose facility 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 roller hockey/multipurpose facility, including, but not
limited to, the construction of temporary or permanent buildings on the
area used for the roller hockey/multipurpose facility, subject to design
review and approval by CUSD and the Division of the State Architect.
3. Scheduling the Use of the Roller Hockey/Multipurpose Facilit .
a. The CITY shall be responsible for and have the authority to schedule all
use of the roller hockey/multipurpose facility during non-school hours.
b. For purposes of this Agreement, school hours are defined to be from
8:00 a.m. to 3:30 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,
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 roller Lockey/multipurpose
facility during school hours.
d. The CITY shall schedule all non-school hours use of the roller
hockey/multipurpose facility, including use by CUSD and MFMS. The
CITY shall establish a system to provide for the coordination and
scheduling of the roller hockey/multipurpose facility, including a procedure
for reserving the use of the roller hockey/multipurpose facility, providing
3
staff supervision and assigning priorities for use of the roller
hockey/multipurpose facility. The CITY will be given first priority, CUSD
will be given second priority and all others will be prioritized according to
the CITY's fee schedule. Use priority for all groups is based on facility
availability. For CUSD to schedule use of the roller hockey/multipurpose
facility at a particular time, it will have to contact the CITY at least thirty
(30) days in advance of the date of the use. Additionally, the CITY shall
schedule the use of the roller hockey/multipurpose facility to allow for
maintenance/renovation purposes.
e. The CITY shall insure that, as to the reservation of use of the roller
hockey/multipurpose facility by persons and organizations, that each such
person or organization shall have in effect at the time of use of the roller
hockey/multipurpose facility, general liability insurance coverage in the
amount of at least $1,000,000 per occurrence, and that the CITY and
CUSD are named as additional insured on the applicable insurance
policies.
4. Maintenance of the Roller Hockey/multipurpose Facility
a. CUSD shall be responsible for and pay all necessary costs incurred for the
following:
i. Maintenance and repair of the roller hockey/multipurpose facility
necessary to maintain and restrooms during school usage hours.
b. CITY shall be responsible for and pay all necessary costs incurred for the
following:
4
L Maintenance and repair of the roller hockey/multipurpose facility
necessary to maintain and restrooms during non-school usage
hours.
ii. All electrical utility costs.
5. Use of Other MFMS Facilities.
The CITY and the persons, organizations, and/or concessions that use the roller
hockey/multipurpose facility pursuant to permits issued by the CITY may have
non-exclusive access to and use of the MFMS parking lots.
6. Changes for Use of the Roller Hocke /Multi purpose Facili .
The CITY may charge the persons and organization that use the roller
hockey/multipurpose facility 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
roller hockey/multipurpose facility. CUSD shall not be charged for its use of the
roller hockey/mu ltipurpose facility 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 roller hockeylmultipurpose facility during non-school hours.
7. Term.
The term of this Agreement shall be for ten (10) years commencing September
20, 2011. 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.
5
8. Cooperation 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.
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 the One
Million Dollars ($1,000,000).
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 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
6
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).
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.
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: Manager, Community Services Department
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
CUSD: Attn: Executive Director, Facilities
Capistrano Unified School District
33122 Valle Road
San Juan Capistrano, CA 92675
7
11.Entire Agreement.
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 the 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.
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
8
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.
16.Successors and Assigns.
The terms and conditions of this Agreement shall be binding on the successors
and assigns of the parties to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
9
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
"CITY"
CITY OF SAN JUAN CAPISTRANO
By
Sam Allevato, Mayor
"CUSD"
By
Superintendent or Designee
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
Exhibit A
10
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ATTACHMENT 3
32.400 PASEO A DELANTO J J, MEMBERS OF THE CITY COUNCIL
SAN.JUAN CAPISTRAsNO,CA,926`75 Jr
� �' $ $ SAM ALLEVA'FO
(949) 493-1053 FAX In[RRrOa.RSE� ttaUBAFBEESE
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JOHN TAYLOR
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TRANSMITTAL
TO:
Capistrano Unified School District
Attn: Executive Director, Facilities
33122 Valle Road
San Juan Capistrano, CA 92675
DATE: November 17, 2011
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Joint Facility Use Agreement — Marco Forster Middle School
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Cynthia Alexander,
Community Services Manager at (949) 443-6395.
An original agreement is enclosed for your records.
Cc: Cynthia Alexander, Community Services Manager
San Juan Capistrano: Preserving the Peat to Enhance the Future
Printed m 900%recycied paper
Christy Jaki
From: Christy Jakl
Sent: Thursday, November 17, 2011 3:59 PM
To: Cynthia Alexander
Cc: Debbie Evenson
Subject: CUSD Agreement
Attachments: CUSD.pdf
Hi Cynthia,
Attached is the executed CUSD Agreement.
Thanks!!
Christ? JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
1