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Home My WebLink AboutThe use and/or maintenance of City and District property - 1996 ; . _F... - - c 4387 � w Contract No . AGREEMENT THIS AGREEMENT, dated this 27th day of February , 1996, is made b land between the CITY OF ARCADIA, a municipal corporation of the State of California("CITY')1 and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, ("DISTRICT"). WITNESSETH: WHEREAS, CITY and DISTRICT have entered into numerous agreements regardin the use and/or maintenance of CITY and DISTRICT property (hereinafter referred to as "properties") for recreational purposes; and WHEREAS,a number of said agreements have expired or will expire in the near future and WHEREAS CITY and DISTRICT wish to consolidate ' s o into one agreement all previously entered into agreements in order to maintain better control over the use of said properties; NOW,THEREFORE,THE CITY AND DISTRICT HEREBY MUTUALLY AGREE AS FOLLOWS: 1. PROPERTIES. This agreement shall apply to the use of the following properties: a) Arcadia High School b) Holly Avenue School c) Hugo Reid Primary School 2. POWERS AND DUTIES. The powers and duties of CITY and DISTRICT with respect to the use and maintenance of the above-mentioned properties are set forth in Exhibits"A" through"C"which are incorporated herein as if fully set forth. 3. INDEMNIFICATION. None of the parties to this Agreement nor their respective elected officials, officers and employees, shall be deemed to assume any liability for any act or omission of any other party, its employees, officers or agents arising out of the performance of this Agreement. The CITY agrees to indemnify, defend, and hold harmless the DISTRICT, its officers, employees and agents from and against any and all claims, demands, suits, loss, damage, injury and liability, including costs,judgments and expenses arising out of any negligent or wrongful act or omission of the CITY, its employees, officers or agents in the performance of this Agreement. -1- - The DISTRICT agrees to indemnify, defend, and hold harmless the CITY, its officers, employees and agents from and against all claims, demands, suits,loss, damage, injury and liability, including costs,judgments and expenses arising out of any negligent or wrongful act or omission of the DISTRICT, its employees, officers or agents in the performance of this Agreement. 4. INSURANCE. The CITY and the DISTRICT shall each provide its own liability and insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in any amount of not less than Two Million Dollars ($2,000,000). The CITY and the DISTRICT shall each provide the other with a Certificate of Insurance as required herein, which certificates shall provide notice as required herein,which certificates shall provide notice to the arty receiving said certificate of any cancellation of such coverage. Alternatively, the CITY d/or DISTRICT may self-insure up to the specified limits as evidenced by a rider of self-insurance o be provided to the other party. 5. PREVIOUS AGREEMENTS. All previous agreements between the parties hereto concerning the use and/or maintenance of the properties covered herein; whether specific or implied in effect on the effective date of this Agreement, are hereby repealed. 6. TERM. The term of this Agreement shall be for five (5) years and may be renewed upon mutual written agreement of the parties hereto. 7. DEFAULT AND TERMINATION. Should either party default in the performance of or breach any covenant, condition, or restriction of this Agreement, herein provided to be kept or performed, and should such default or breach continue uncured for a period of ten(10) days from and after written notice is given to the breaching party,the non-breaching party ma/ , at its option, terminate this Agreement as to that specific property by giving the other party written notice thereof. 8. SEVERABILITY. This agreement is severable with respect to the properties set forth in Section 1 and Exhibits A through C of this Agreement. Should either party commit a material breach of the powers and duties with respect to a specific property resulting ir_ the termination of this Agreement as to that specific property,this Agreement shall remain in effect with respect to the remaining properties. 9. ASSIGNMENT AND SUBLEASE. This agreement or any interest o the parties therein shall not at any time after the date hereof, without the prior written consent o the other party be mortgaged, pledged, assigned or transferred by either party by voluntary act or by operation of law. 10. NOTICES. All notices by either party to the other shall be in writing and sh 1 be deemed and served upon the other party,if delivered personally or three(3) days after depositing in the United States mail,postage pre-paid, addressed to: -2- 1 If to the CITY: City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, California 91066-6021 Attention: William R. Kelly, City Manager If to the DISTRICT: Arcadia Unified School District 234 Campus Drive Arcadia, California 91007 Attention: C. Earl Davis,Assistant Superintendent, Business Services 11. WAIVER. Failure of the parties to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any ri iht or remedy that either party may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. 12. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and year first written. CITY OF ARCADIA ARCADIA UNIFIED SCHOOL DIS CT A Municipal Corporation OF LOS ANGELE COUNTY By a UA By ati wz. President, oard of Education ATTEST: By - ' ir -/L-).-c--,A -_, Superintendent City Cler APPROVED AS TO FORM:- APPROVED AS TO FORM: Parker, Covert & Chidester a-` )---r"") By 'V l iji City A orney Douglas N. Yeoman DISTRICT Counsel -3- EXHIBIT Arcadia High School With respect to the property at Arcadia High School, the CITY shall share with the DISTRICT,the use of the baseball field lighting,the swimming pool,the tennis courts,and the track, at all times mutually agreed upon by the parties. Maintenance of the properties at the high school is as follows: 1. Baseball Field Lighting. The CITY shall be responsible, at its cost, for the maintenance of the baseball field lighting. 2. Swimming Pool. The DISTRICT shall be solely responsible for the maintenance of the swimming pool. During the ten(10)week City Summer Program,the CITY shall reimburse the DISTRICT for all actual costs for maintenance of the pool. During the remainder of the year the CITY shall pay the DISTRICT at the rate of six d liars ($6.00) per hour for each hour the CITY uses the pool. 3. Tennis Courts. The CITY shall be responsible for the maintenance and all costs thereof of the tennis court lights. The DISTRICT shall be responsible fo• the maintenance and all costs thereof of the cleaning of the tennis courts, the surface of the courts, and the fencing around the courts. Both the CITY and the DIST CT shall share responsibility for maintenance of the tennis court nets. 4. Track. The track shall be maintained by the DISTRICT which shall be responsible for the cost of said maintenance. EXHIBIT B Holly Avenue School With respect to the property at the Holly Avenue School, the CITY shall share wit i the DISTRICT the use of property at all times mutually agreed upon by the parties. Maintenance cif the facilities is as follows: 1: City Responsibility. The CITY shall be responsible, at its cost, for the maintenance of the tennis court lights, nets, surfaces, and cleaning of the tennis courts. Th _. • EXHIBIT C Hugo Reid Primary School With respect to the property at the Hugo Reid Primary School,the CITY shall share will the DISTRICT the use of property at all times mutually agreed upon by the parties. Maintenance of the facilities is as follows: 1. City Responsibility. The CITY shall be responsible for the maintenance of all facilities located on City property, per the drawing below, including landscaping, tennis court nets and surfaces. 2. District Responsibility. The DISTRICT shall be responsible for maintenance of the sprinklers, all turfed areas,for cleaning the tennis courts, and for janitorial services, trash disposal and all facilities located on District property, per the drawing below, including landscaping and janitorial services. • /7/Z( 0 /PEIC" I 1Z:3 Jcfao/ 4 �_ //S3�5 • 1/7 (4 76 j • ,6-,) Gour-�