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Home My WebLink AboutGARDEN GROVE UNIFIED 1-2013,' ' A-2003-081 JOINT USE AGREEMENT BETWEEN THE CITY OF SANTA ANA and THE GARDEN GROVE UNIFIED SCHOOL DISTRICT for use of FIELDS AT ROSITA PARK & ROSITA ELEMENTARY SCHOOL THIS AGREEMENT, made and entered into this day ot ~tF~'l' r 2003, by and between the City of Santa Aha, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the Garden Grove Unified School District, hereinafter referred to as "DISTRICT". RECITALS: A. The parties have previously entered into an agreement dated April 5, 1993, to allow joint use of Rosita Park and Rosita Elementary School site facilities, allow the renovation of recreational facilities, and construct an eight foot fence to prevent trespassing on school property when school is in session. B. Rosita Elementary School is a property owned by DISTRICT, and Rosita Park is a property owned by CITY. Rosita Elementary School and Rosita Park are adjacent properties located in the City of Santa Aha. C. City has renovated Rosita Park which includes a play field that in part encroaches on DISTRICT property. DISTRICT currently has concerns with respect to unauthorized persons on school property during school hours and wishes the CITY to maintain a chain link fence along the property line securing the school site during school hours. D. CITY and DISTRICT wish to jointly utilize both city and school property for recreational purposes. E. To accomplish the above goals, CITY and DISTRICT hereby enter into a joint use agreement to make certain improvements and have the ability to program both sites. SCOPE OF CITY'S OBLIGATIONS A. CITY shall be financially responsible at its own cost and expense for the renovation of Rosita Park ball field and certain improvements on Rosita School as described below, including but not limited to the costs of construction documents, contract administration and supervision. B. As part of the project construction as described, CITY agrees as follows: 1. Maintain Rosita Park ball field and soccer field. 2. Maintain eight foot (8') high chain link fencing running south from Hazard Avenue along Rosita School's eastern property line until the southern end of the adjacent handball courts and then proceeding south fifty (50) feet within the school's property line until the school's southern boundary. 3. Maintain two (2) soccer goals and stripe soccer field on DISTRICT property. SCOPE OF DISTRICT'S OBLIGATIONS A. To permit CITY to maintain fencing and soccer goals as indicated on attached map. B. To allow CITY to schedule use of all ball fields, soccer fields, and play courts at Rosita Elementary School as described in Section 4 below. C. To maintain athletic fields and play courts at Rosita Elementary School to an acceptable standard for recreational use. D. To notify CITY reservation's desk immediately of any school programs on DISTRICT property after school hours and weekends, to avoid conflicts in reservation. 2 SCHEDULING A. District shall, at not cost, have full use of the recreational field and related facilities during each school day until the completion of the recognized school day. DISTRICT may reserve additional use of the fields by receiving advance approval from CITY'S Recreation Department five (5) calendar days prior to DISTRICT'S scheduled event. B. CITY shall, at no cost, have full use of the recreational fields and related facilities on DISTRICT property on all non-school days (weekends) and after the completion of the recognized school day. C. CITY and DISTRICT agree that all functions shall close at the applicable curfew time. D. C1TY shall be responsible for scheduling and supervising the use of recreational fields on DISTRICT property on all non-school days and after completion of the school day on all school days in a manner that will ensure the safety and security of DISTRICT'S students, grounds, and buildings. RESERVATION and OPERATIONAL FEES A. No cost shall be charged to DISTRICT and CITY for use of athletic fields. B. No cost shall be charged to youth groups, unless agreed upon by both Garden Grove Unified School District Superintendent and the City of Santa Ana Executive Director of Recreation and Community Services. C. CITY shall charge fees to other groups to offset operational, administration and clean-up cost of athletic fields and recreational areas. CLEAN-UP AND MAINTENANCE A. CITY and DISTRICT hereby agree to be responsible for all clean-up upon completion of their respective use of the area. This clean-up 3 shall include the area of the recreational field and shall include but not be limited to the pick-up and removal of trash and litter. Turf Maintenance - C1TY shall irrigate and mow softball field within their property limits, and east of the proposed fence. DISTRICT shall irrigate and mow fields on DISTRICT property west of the proposed fence. When an area is used for special recreational activities, additional considerations shall be negotiated between the CITY and DISTRICT. Each party shall pay for and maintain their own irrigation system to water their property. CITY shall be responsible for the maintenance and repair of the eight foot (8') high chain link fence running between the park and school sites. The above Clean-Up and Maintenance section of this Agreement shall be in effect upon the completion of the proposed improvements for Rosita Park. TERMINATION A. Either party may terminate this Agreement upon six (6) months written notice to the other party. Said notice to CITY shall be delivered in person or by U.S. mail to C1TY'S City Manager. Said notice to DISTRICT shall be delivered in person or by U.S. mail to DISTRICT'S Superintendent of Schools. B. In the event DISTRICT terminates this Agreement at any time within ten (10) years from date of execution, DISTRICT shall reimburse CITY for a percentage of the construction cost of that portion of the project located on DISTRICT property for construction projects completed after April 5, 2003 only. C. If DISTRICT terminates this Agreement for cause, DISTRICT will not be obligated to reimburse CITY in the manner described in paragraph '~B. HOLD HARMLESS CLAUSE A. CITY shall indemnify and save harmless DISTRICT, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of DISTRICT, claims, demands, suits, actions, or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of CITY, its employees or subcontractors. B. DISTRICT shall indemnify and save harmless C1TY, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persona, including property and employees or agents of CITY, claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent or wrongful acts, errors or omission of DISTRICT, its employees or subcontractors. CERTIFICATE OF NON-DISCRIMINATION By signing this Agreement, the parties hereto certify that they do not discriminate in hiring on the basis of race, color, creed, religion, sex, age, martial status, national origin, ancestry, physical handicap or medical conditions. 10. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 5 11. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California. Nothing in this Agreement shall restrict or otherwise affect use of the project pursuant to Education Code Sections 16551 or 16566. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council City of Santa Ana, a municipal Corporation of the State of California DAVID N. REAM CITY MANAGER Approved as to Form: City Attorney Approved as to Content: don "Rip" Ribble Executive D$~ectoR PaRks, Recreation and Community SeRvices Agency Garden Grove Unified School Dist. Sue L. McCann Assistant Superintendent, Business Services 6