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Home My WebLink AboutSANTA ANA UNIFIED SCHOOL DISTRICT (5) -2008 3URANCE NOT REQUIRED 'S+ WORK MAY PROCEED CLERK OF COUNCIL r1ATj:. " ~.-C '0 A-2008-312 ; '2(J9 JOINT USE AGREEMENT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA (WILLARD INTERMEDIATE SCHOOL) ~~ ;.Jod. I 7 THIS JOINT USE AGREEMENT ("Agreement") is dated as of ****, 2008, by and between the Santa Ana Unified School District ("District"), a public school district duly organized and existing under the laws of the state of Califomia, and the City of Santa Ana ("City"), a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California. 20JUlt6. ?,..,~~~ ~. \Wl"'{W. S RECITALS: A. The District owns and operates the Willard Intermediate School, depicted on the map attached hereto as Exhibit "A". B. The City and District desire to undertake a coordinated use of the Willard Athletic Field on the Willard Intermediate School site. C. The coordinated use of the Athletic Field is intended to benefit the families that live in the immediate vicinity of WiJlard Intermediate School. D. The partnership between the City and District created by this Joint Use Agreement is intended to improve health and wellness to the Willard community with an emphasis on combating obesity and diabetes. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: I. DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement: A. "Joint Use Property" shall mean that certain real property and improvements described in Exhibit "A" attached hereto. B. "Joint Use Facilities" shall mean the athletic field currently on the Joint Use Property including but not limited to the parking lot. C. "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the parties pertaining to Goclinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. Page / of 6 willard jt use 09 J 908 D. "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through Friday (excluding state and national holidays observed by the District) unless changed by agreement of the parties. E. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. F. "City Time" shall mean those days and hours, outside of Regular School Hours and weekends, when the City shall have the right to schedule use of the Joint Use Facilities. G. "Athletic Fields" shall mean the school athletic fields as described in this Agreement. 2. TERM AND COMMENCEMENT. This Agreement shall commence on the date that the last party signs this agreement and shall run for a term of 25 years unless extended for an additional 5-year term by written mutual consent of the parties. 3. PERMITTED USE OF FACILITIES. Tbe rights of the City to schedule use of the Joint Use Facilities shall be determined based on the following. A. District Use. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. B. Citv Use. City shall have the right at its discretion to schedule activities in the Joint Use Facilities, provided that the times are not in conflict with District Time or activities previously recommended by the Technical Advisory Committee. C. Prioritv for Youth Sports. The City will directly program the athletic field after school and on weekends exclusively for youth sport organizations with priority given to youth sport organizations that have the greatest number of youth that live within a Y, mile radius of the Joint Use Property. D. District Prioritv. Priority will be given to any school or District need for the use of the athletic field. Youth Soccer organizations will be informed that the District use of the Athletic field will have priority and that they are subject to being bumped as long as notification is given beforehand. If a user is bumped during City Time, the District will ensure that a relocation site is available. E. Citv Programming. The City may conduct programs itself or do so through a third party, so long as done in the same manner and under the same conditions for programming in other City facilities and meets any applicable State or Federal anti- discrimination requirements or school-site safety standards such as prohibition of alcoholic beverages and tobacco. City reservation fees collected for the use of the Willard Joint Use property will be remitted to the District on a monthly basis and an accounting will be presented at the Technical Advisory Committee meeting. Page 2 of6 willard)! use 091908 F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by the parties, the Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. G. Insurance. The City will be responsible for ensuring that the athletic field permit holder has proper insurance. H. Supervision of Joint Use Facilities. The City will be responsible for managing the athletic field usage when using the Joint Use Facilities during City Time through use of City field monitors and City Park Rangers. The City shall provide a level of supervision and security commensurate with that provided at City-owned facilities at all times while using the Joint Use Facilities (and for reasonable periods of time immediately prior to and following such use). I. Maintenance. Normal maintenance of the Joint Use Facilities will continue to be the responsibility of the District. J. Utilities. District shall pay for all utility services furnished to the Joint Use Facilities for the use, operation and maintenance of the Joint Use Facilities during the Term of this Agreement, or any extension thereof. K. Further Funding Sources. The parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the athletic fields, basketball courts, tennis courts and other common areas at the Willard Intermediate School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas. 4. LIABILITY AND INDEMNIFICATION. A. The City shall be financially responsible for damages caused by City use under this Agreement. B. The City shall indemnity, defend, and hold harmless District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by City under this Agreement, third party activities progrannned or sponsored by the City, and City progrannning outside of City Time, except those which arise out of a dangerous/defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for iJ1iury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of its operation of the School, including use, operation, Page 3 of 6 willard jt use 091908 maintenance and repair of the Joint Use Facilities, except as provided in "B" above. 5. INSURANCE. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfY this requirement. 6. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk ofthe Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Deputy Superintendent 7. SEVERABILITY AND APPLICABLE LAW. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the State of California and the laws of said State shall govern the validity and interpretation hereof and the parties' performance hereunder. 8. AMENDMENTS. This Agreement sets forth the entire understanding between the parties with respect to Willard Intermediate School. Any modifications must be in the form of a written amendment agreed to by both parties. Page 4 0[6 willard jt use 091908 9. REMEDIES FOR BREACH. Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 60-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. 10. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement shall not be assignable by either Party. II. TERMINATION. Either party may terminate this Agreement, at will, with 60 days prior written notice to the other party. IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City. The "District" Santa Ana Unified School District, a political subdivision of the State of California By: By: Attese By: C::~;::~:/~' do Page 5 of6 The "City" City of Santa Ana A Charter City /7 ;' By: tJ-/<!) r2 David N. Ream City Manager ~'d By: ~ .i ~ Patricia E. Healy tS Clerk of the Council Approved as to Form: Joseph Fletch 1 By: se Sandoval anaging Senior Assistant City Attorney willard jt use 09 f 908 CLASS Page 60f6 " Exhibit "A" WILLARD INTERMEDIATE SCHOOL SITE PLAN Joint use area W~E S Joint use area . . . . . ." . t;; Z · ~ ~ SOCCER FIELD ADMIN BUILDING Joint use area "r:: """"",,c,""'''''',:, .... :,.in::!::,.,::;.,...,.:: :..,.....:::.......\...."'),:.:).,::- WASHINGTON AV Exhibit A willard}t use 091908