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HomeMy WebLinkAboutC-1762AUSD Contract #: 08 -09 -434 0, 11zo�,� rr^^ "► AMENDMENT NO. 2 TO JOINT USE AND MAINTENANCE +� AGREEMENT FOR THE SHARED USE OF NINE 9 FACILITIES BY AND BETWEEN THE CITY OF ARCADIA ( "CITY ") AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "DISTRICT ") This Amendment No 2. ( "Amendment No. 2 ") is hereby entered into by and between the City of Arcadia, a charter city and municipal corporation of the State of California ( "CITY'), and the Arcadia Unified School District of Los Angeles County ( "District ") with respect to that certain Join Use and Maintenance Agreement between the parties dated May 1, 2001 ( "Agreement ") The parties agree as follows: The Agreement is hereby renewed for one (1) additional year from May 1, 2009 through May 1, 2010 and may be renewed thereafter upon mutual written agreement of the parties hereto. The term of the October 1999 Agreement and the April 1994 Agreement shall be as set forth therein and if this Agreement expires or is terminated prior to the expiration of the term of the October 1999 Agreement or the April 1994 Agreement, then the October 1999 and /or the April 1994 Agreement, as applicable, shall survive the expiration or termination of this Agreement. 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY Donald Penman, City Manager Dated 01 12-101 APPROVED AS TO FORM: By: Q�� - -- - *' - Assistant Superintendent Business Services Board Approval: 0 09 Date signed: 07/30/ CONCUR: Stephen P. Deitsch Pat Malloy, Assist City Manager City Attorney Public Works Services Director 'I<- ��, le ORIGINAL AMENDMENT NO. 1 TO JOINT USE AND MAINTENANCE C� AGREEMENT FOR THE SHARED USE OF NINE (9) FACILITIES BY AND BETWEEN THE CITY OF ARCADIA ( "CITY ") AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "DISTRICT ") This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and between the City of Arcadia, a charter city and municipal corporation of the State of California ( "CITY "), and the Arcadia Unified School District of Los Angeles County ( "District ") with respect to that certain Joint Use and Maintenance Agreement between the parties dated May 1, 2001 ( "Agreement "). The parties agree as follows: 1. The Agreement is hereby renewed for an additional one (1) year from May 1, 2006 through May 1, 2007 and may be renewed thereafter upon mutual written agreement of the parties hereto. The term of the October 1999 Agreement and the April 1994 Agreement shall be as set forth therein and if this Agreement expires or is terminated prior to the expiration of the term of the October 1999 Agreement or the April 1994 Agreement, then the October 1999 and/or the April 1994 Agreement, as applicable, shall survive the expiration or termination of this Agreement. 2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA By W William R. Kelly, City Manager APPROVED AS TO FORM: T44��P- N� City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY APPROVED AS TO FORM: Lo DISTRICT Counsel CONCUR: Public Work ervic Director 0 JOINT USE AND MAINTENANCE AGREEMENT THIS JOINT USE AND MAINTENANCE AGREEMENT ( "Agreement "), dated this _ S} day of M KY , 2001, is made by and between the CITY OF ARCADIA, a charter city and municipal corporation of the State of California ( "CITY "), and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "DISTRICT "). LIAIT"91 0"isi-eq WHEREAS, City and District have entered into that certain Agreement dated October 6, 1999 (the "October 1999 Agreement ") with respect to the construction, maintenance and joint use of the athletic field lighting at Arcadia High School, Dana Richard Henry Middle School and First Avenue Middle School for school and recreational purposes, a copy of which is attached hereto as Exhibit "D "; and WHEREAS, City and District have also entered into that certain Agreement dated April 12, 1994 (the "April 1994 Agreement ") with respect to the construction, maintenance and joint use of certain other baseball field lighting at Arcadia High School, a copy of which is attached hereto as Exhibit "E "; and WHEREAS, City and District desire to enter into this Agreement in order to set forth terms and provisions concerning the joint use and maintenance of certain real property owned by District or City, including without limitation, property described in the October 1999 Agreement and the April 1994 Agreement; and WHEREAS, in addition to entering into this Agreement, City and District wish to reaffirm and abide by the terms and provisions of the October 1999 Agreement and the April 1994 Agreement. NOW, THEREFORE, CITY AND DISTRICT HEREBY MUTUALLY AGREE AS FOLLOWS: 1. PROPERTIES. This Agreement shall apply to the use and maintenance of certain portions of the following properties (such portions are described in Exhibits "A ", "B ", "C", "D" and "E "): a. Arcadia High e. First Avenue Middle b. Baldwin Stocker Elementary f. Holly Avenue Elementary C. Camino Grove Elementary g. Hugo Reid Primary d. Camino Park h. Hugo Reid Park e. Dana Richard Henry Middle 2. POWERS AND DUTIES. The powers and duties of City and District with respect to the use and maintenance of portions of the above - mentioned properties are set forth in Exhibits "A ", "B ", "C", "D" and "E ", which are incorporated herein as if fully set forth. 3. MAINTENANCE STANDARDS. With respect to the responsibilities of each party for maintenance under this Agreement, each party shall employ reasonable standards and shall use competent employees and contractors in order to fulfill its obligations hereunder. 4. INDEMNIFICATION. Neither of the parties to this Agreement nor their respective elected officials, officers, employees or agents, shall be deemed to assume or have any liability for any act or omission of any other party, its elected officials, officers, employees or agents, arising out of the performance of this Agreement. City agrees to indemnify, defend, and hold harmless District, its officials, 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 City, its officials, officers, employees or agents in the performance of this Agreement. District agrees to indemnify, defend, and hold harmless City, its officials, 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 District, its officials, officers, employees or agents in the performance of this Agreement. 5. INSURANCE. City and District shall each provide its own liability and other insurance deemed by each, respectively, to be necessary to protect the activities and facilities covered hereunder in an amount of not less than Two Million Dollars ($2,000,000). City and District shall each provide the other with a certificate of insurance which certificate shall provide evidence that thirty (30) day advance notice shall be required to be given to the party receiving said certificate of any cancellation of such coverage. Alternatively, City and /or District may self - insure up to the specified limits as evidenced by a rider or certification of self - insurance to be provided to the other party. 6. 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; provided, however, that the October 1999 Agreement and the April 1994 Agreement shall remain in full force and effect in accordance with their terms, and if there is any inconsistency between the terms and provisions of this Agreement and the terms and provisions of the October 1999 Agreement and the April 1994 Agreement, as applied to the real property to which the October 1999 Agreement and the April 1994 Agreement pertain, then the terms and provisions of the October 1999 Agreement and the April 1994 Agreement shall govern. 0 girt► *400 7. TERM. The term of this Agreement shall be for five (5) years and may be renewed upon mutual written agreement of the parties hereto. The term of the October 1999 Agreement and the April 1994 Agreement shall be as set forth therein and if this Agreement expires or is terminated prior to the expiration of the term of the October 1999 Agreement or the April 1994 Agreement, then the October 1999 and/or the April 1994 Agreement, as applicable shall survive the expiration or termination of this Agreement. 8. DEFAULT AND TERMINATION. Should either party default in the performance of or breach any covenant, condition, or restriction of this Agreement, 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 may, at its option, terminate this Agreement as to that specific real property to which such default or breach pertains by giving the other party written notice thereof. 9. SEVERABILITY. This Agreement is severable with respect to the properties set forth in Section 1 and Exhibits "A ", `B ", "C ", "D" and "E" of this Agreement. Should either party commit a material breach of the terms and provisions hereof with respect to a specific property resulting in the termination of this Agreement as to that specific property, this Agreement shall remain in full force and effect with respect to the remaining properties. 10. ASSIGNMENT. Neither party shall assign this Agreement or any interest therein without the prior written consent of the other party, which consent shall not be unreasonably withheld. 11. NOTICES. All notices by either party to the other shall be in writing and shall be deemed served upon the other party on the day delivered, if delivered personally, or three (3) days after depositing in the United States mail, postage pre -paid addressed to: City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, California 91066 -6021 Attention: City Manager Arcadia Unified School District 234 Campus Drive Arcadia, California 91007 Attention: Superintendent of Schools 12. 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 right 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. 3 09 cm 13. 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 as of the date and year first written. CITY OF ARCADIA A Municipal Corporation sy: qtr:)A P)lel * ATTEST: y Clerk APPROVED AS TO FORM: P Nla- Stephen P. Deitsch City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY APPROVED AS TO FORM: 4 *AWO EXHIBIT A Arcadia High School M With respect to Arcadia High School, the CITY shall share with the DISTRICT the use of the baseball and softball field and their lighting, the swimming pool, the tennis courts, and the track, in accordance with a schedule mutually agreed upon by the parties. Maintenance of these facilities at the High School shall be as follows: Baseball and Softball Field Lighting. The CITY shall be responsible, at its cost, for the maintenance of the baseball and softball field lighting. 2. Swimming Pool. The DISTRICT shall be 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 related to the City's use. For this purpose, the DISTRICT shall provide the CITY reasonable documentary support for the reimbursement. There shall not be any additional fees or costs imposed upon the CITY with respect to the Summer Program. During the remainder of the year, the CITY shall pay the DISTRICT at the rate of six dollars ($6.00) per hour for each hour the CITY uses the pool. The CITY and the DISTRICT shall share the cost for all major swimming pool renovation work at the following rate: one -third (1/3) CITY two thirds (2/3) DISTRICT; provided that both parties have mutually agreed in advance to any and all such renovation work. 3. Tennis Courts. The CITY shall be responsible for the maintenance of the tennis court lights. The DISTRICT shall be responsible for the cleaning and maintenance of the tennis courts, including the surface of the courts, and the fencing around the courts. Both the CITY and the DISTRICT shall share equally the cost and responsibility for maintenance of the tennis court nets. 4. Track. The track shall be maintained by the DISTRICT, which shall be solely responsible for the cost of said maintenance. "See Attachment 1" 5 vi Z J O O U TC/) ri^ V _Q Q U Q r z CW G U Q Q 0 z rw V LU J J W F- Z _L co • ■ 09 EXHIBIT B Baldwin Stocker Elementary E5 With respect to Baldwin Stocker Elementary School, the CITY shall share with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the parties. Maintenance of the facilities shall be as follows: 1. CITY Responsibility: The CITY shall be responsible, at its cost, for the maintenance of the bleachers and backstop on the baseball diamond within the area on Attachment "2" labeled "CITY ". 2. DISTRICT Responsibility. The DISTRICT shall be responsible, at its cost, for maintenance of all areas labeled "DISTRICT" on Attachment "2 ". "See Attachment 2" Camino Grove Elementary Camino Grove Park With respect to Camino Grove Elementary School and Camino Grove Park, the CITY and DISTRICT shall share the use of both properties in accordance with a schedule mutually agreed upon by the parties. Maintenance of certain facilities shall be as follows: CITY Responsibility. The CITY shall be responsible for the maintenance of all facilities located within the areas on Attachment "3" labeled "CITY ", including the parking lot, bleachers and backstop located therein. 2. DISTRICT Responsibility. The DISTRICT shall be responsible for maintenance of all facilities located within the areas on Attachment "3" labeled "DISTRICT ". "See Attachment 3" vj z cr- Q z W W N J w Z LU w r U U Q O� UQ _z Zt CAMINO�GROVE ELEMENTAL AND CAMINO GROVE PARK ATTACHMENT 11311 N.T.S. LEGEND 0 PANEL M Holly Avenue Elementary M With respect to Holly Avenue School, the CITY shall share with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the parties. Maintenance of certain facilities shall be as follows: 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 within the area labeled "CITY" on Attachment "4 ". 2. DISTRICT Responsibility. The DISTRICT shall be responsible, at its cost, for the maintenance of all areas labeled "DISTRICT" on Attachment "4 ". "See Attachment 4" rA 1-LLY AVE. ELEMEN"ARY a ATTACHMENT '1411 N.T.S. LEGEND 0 PANEL lM EXHIBIT C Hugo Reid Primary School Hugo Reid Park M With respect to the Hugo Reid Primary School and Hugo Reid Park, the CITY shall share with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the parties. Maintenance of certain facilities shall be as follows: 1. CITY Responsibility. The CITY shall be responsible for the maintenance of all facilities located within the areas on Attachment "5" labeled "CITY ", including landscaping, tennis court nets, surfaces and cleaning the tennis courts. 2. DISTRICT Responsibility. The DISTRICT shall be responsible for maintenance of the sprinklers, all turf areas, janitorial services, trash disposal and maintenance of all facilities located within the areas on Attachment "5" labeled "DISTRICT ". "See Attachment 5" HUGREIDPRIMARYAI HUGO REID PARK ATTACHMENT "5" 0 N.T.S. on AUSD Co act No. 99/00;912 Lmn AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF THE ATHLETIC FIELD LIGHTING AT DANA MIDDLE SCHOOL, FIRST AVENUE MIDDLE SCHOOL AND ARCADIA HIGH SCHOOL FOR SCHOOL AND RECREATIONAL PURPOSES THIS AGREEMENT, .made and entered into this 6`" day of October, 1999, by and « between the CITY OF ARCADIA, hereinafter referred to as the City and the ARCADIA UNIFIED SCHOO DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as k,// the "District." WITNESSETH WHEREAS, the Civic Center Act, commencing with Section 38130 of the Education Code provides that the governing board of a school district may grant the use of school grounds for recreational and public purposes; and WHEREAS, Education Code Section 10900 et seq. provides that governing bodies of any two or more public authorities may cooperate with each other in the development and conducting of programs of community recreation; and _ . WHEREAS, the District owns and operates the Dana Middle School, First Avenue Middle School and Arcadia High School (collectively, the "School Sites ") located within the City of Arcadia, County of Los Angeles (the "County "), State of California; and WHEREAS, a portion of the School Sites consist of athletic fields as depicted in Exhibits A, B, and C (collectively, the "Premises "), which are attached hereto and incorporated herein by this reference; and WHEREAS, the City and District desire to install athletic field lighting on the Premises for recreational and other related purposes; and WHEREAS, the City is an eligible applicant for funding under. County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program; and WHEREAS, the City Council at its meeting of May 18, 1999 approved the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 3(c 1 of position A for the installation of athletic field lighting at the School Sites; and WHEREAS, the District and the City will mutually benefit from access to and utilization of athletic field lighting. NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY MUTUALLY AGREE AS FOLLOWS: See Attachment "6" - Dana Middle School Exhibit "n" See Attachment "7" - First Avenue Middle School 1. The City shall apply for County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program funds allocated in Section 3(c)-i of Proposition A, in the amount of $242,438. 2. The City, upon execution of an agreement between the County and the City for the Per Parcel Discretionary Grant Program Funds, shall provide the District the funds approved in said agreement for the installation of athletic field lighting on the Premises at the School Sites. 3. The District agrees, upon receipt of the funds described above, to contract for the construction and installation of the athletic field lighting on the Premises at the School Sites in accordance with plans and specifications prepared by the District and approved by the City and the County (the "Project "). 4. The City requires that all lighting specific to the Project be isolated from any and all other facility energy consumption, subject to the cooperation of the local utility company and the District's ability to acquire separate metering. The cost of installing the separate metering at the Premises shall be borne by the Grant Program. 5. 'Upon completion of construction and after acceptance of the Project, the City aarees at its sole cost -and expense, to (a) maintain said athletic field liahtina I good workina order and condition, and (b) p2a, all nt' ' y bills when due for the operation of said athletic field lighting, t o ghout the life of this Agreement. The ""ity reserves the right to charge a fee for the use of the lights, other than use l l by th District, in order to offset some of the costs of operation. 6. The District recognizes that certain requirements must be fulfilled in the use of Per Parcel Discretionary Grant Program Funds for the installation of said lighting and agrees to comply with all said requirements, imposed on the City by the use of these funds. These requirements include, but are not limited to: a. That the District will provide and maintain competent and adequate architectural engineering supervision and inspection at each construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the County may require. b. That the District will give the County's authorized representative access to and the right to examine all records, books, papers or documents related to the grant. C. That the District will cause work on the project to be commenced within a reasonable time after receipt of funds and that the Project will be prosecuted to completion with reasonable diligence. ►a d. All deviations from approved plans and specifications shall be submitted to the City for evaluation of significance and to the County for written approval if deemed appropriate. e. That the District has met, or will meet, all federal, state or local environmental, public health, relocation, and affirmative action and all other appropriate codes, laws, and regulations prior to expenditure of grant funds related to the project. f. That the County will, upon completion of the projects, audit the project. District agrees to provide necessary records, contracts, and related documents necessary to satisfy County audit requirements. 7. Use of the Premises a. The District agrees to make available to the City, without charge except as expressly provided for in this Agreement, for the purposes of conducting recreational programs and activities sponsored and organized by the City, the said athletic field lighting at all times when not being utilized for school purposes, whenever occurring during the regular school term or the summer school term, throughout the life of this Agreement. The use of the Premises shall be determined by a prior schedule mutually agreed upon. Deviation from said schedule is to be subject to approval in writing by the City Manager and District Superintendent, or their designated representatives. b. The City shall furnish all necessary custodial services and supplies (including consumable materials) when using the Premises in order to keep the Premises in a neat, orderly and sanitary condition. Should either the City request or District require the assignment of District custodial staff at the Premises when being used by the City, the City shall pay District the actual cost to the District of providing the custodial staff for the City sponsored activity. In the event the District provides custodial staff, the District shall invoice the City for such services and the City shall pay such invoices within fifteen (15) days of receipt. C. The District agrees to maintain the Premises and related equipment, excluding the subject athletic field lighting, in a condition which is safe, clean, operable, and usable condition. d. The City shall pay the actual costs determined by the District's established hourly fee schedule for any required technical staff assigned by the District and approved by the City Manager or his designee, to provide operational expertise for the City's use of the Premises. The District shall invoice the City for such service and the City shall pay such invoice within fifteen (15) days of receipt. "fir . +y e. r The City shall install, repair, maintain and be responsible (including the ( risk of loss) for all equipment that the City may own and desire to use on the Premises for which the District has given its written consent. f. The City shall be responsible for providing or causing to be provided all security service as deemed necessary by the Arcadia Police Department when using the Premises. g. The City shall be responsible for furnishing and supplying personnel to conduct and supervise the recreational activities conducted by the City on the Premises, including non - technical personnel as may be required by the District, such as supervisors, ushers, ticket takers, etc.). h. In the event of damage to any portion of the Premises beyond normal wear and tear due to the carelessness or negligence of the City, the City shall be responsible for all costs associated with the repair or replacement and return to safe operable conditions. The City shall give written notice to the District of any such damage within five (5) working days of the discovery of the damage. The District shall arrange for and oversee all repairs or replacement. 8. Neither 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. 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, including the construction provided for herein. 9. The City and the District shall each provide its own liability and other insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in an amount of not less than Two Million Dollars ($2,000,000). The City and the Distirct shall each provide the other with a certificate of insurance as required herein, which certificates of insurance shall provide notice to the party receiving said certificate of any cancellation of such coverage. Alternatively, the City and/or District may self - insure up to the specified limits as evidenced by a rider of self - insurance to be provided to the other party. As a condition precedent 4 r s i j � I i to execution of this agreement, the District shall provide proof of insurance to the satisfaction of the City Attorney. 10. Both the City and District shall solely conduct the activities, services, and programs normally controlled by each within the scope of its respective operation. The City shall cooperate to minimize custodial and maintenance services required by reason of the City's activities and programs conducted upon the Premises. 11. It is acknowledged and agreed by the District that, except for specific recreation events or City sponsored events, using the athletic field lighting, all other uses of Premises, including general use by the public, are under jurisdiction of the District. 12. The "term of this Agreement g t shall be for twenty (20) years. This agreement may be terminated for cause (substantial breach of a material provision) upon thirty (30) days written notice to the other party. This Agreement may be terminated without cause upon 180 days written notice to the other party. 13. This Agreement is severable with respect to the Premises set forth in 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 in the termination of this Agreement as to that specific property, this Agreement shall remain in effect with respect to the remaining Premises. 14. This agreement or any interest of the parties therein shall not at any time after the date hereof, without the prior written consent of the other party be mortgaged, pledged, assigned or transferred by either party by voluntary act or by operation of law. 15. All notices by either party to the other shall be in writing and shall 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: 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 16. The District and City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of the W In E5 recreational programs and facilities of the parties. Said list shall be updated as needed based on personnel changes. 17. 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 right 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. 18. This Agreement may be executed in two (2) or more counterparts, each of which the same Agreement. shall be deemed an original, but all of which taken together shall each one in IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and year first written. CITY OF ARCADIA A Municipal Corporation By: R Mayor AT ST: n C Clerk APPROVED AS TO FORM: 6 City ttorney P C ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY of Education APPROVED AS TO FORM: Parker, Covert & Chidester By: Douglas N. Ye an DISTRICT Counsel 1 i J O O U U) w J 75 Q z Q I z w 75 2 U Q I— H Q a C6 z J W U) Q Z x a w 0 f n J cr JV •■ C6 H z J 0 0 U U) W� W U ZQ W Q H () LL J W Q � Z Q Z = a W � � JV •■ ' ( AUK" Contract No. 3723 l Jj AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF THE BASEBALL FIELD LIGHTING AT ARCADIA HIGH SCHOOL FOR SCHOOL AND RECREATIONAL PURPOSES THIS AGREEMENT, made and enter into this 112th day of April , 1994, by and between the CITY OF ARCADIA, hereinafter referred to as the "City" and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as the "District ", WITNESSETH: WHEREAS, Chapter 4 of Division 12 of the Education Code provides that the governing board of a school district may grant the use of school grounds for recreational and public purposes; and WHEREAS, Chapter 6 of Division 12 of the Education Code provides that governing bodies of any two or more public authorities may cooperate with each other in the development and conducting of programs of community recreation; and WHEREAS, the District owns certain properties located within the City of Arcadia, County of Los 'Angeles, State of California, more particularly described in Exhi.dit "A" attached hereto and incorporated herein by reference; said property is commonly known as the Arcadia High School and on which property the City and the District desire to construct baseball field lighting on existing school baseball field for recreational and other related purposes; and WHEREAS, the City is an eligible applicant for funding under County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program; and -1- EXHIBIT "E" i I r• i W ZPXAS, the City Council at its meeting of April 5, 3.994 approved the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 8.b.1 of Proposition "A" for the construction of baseball field lighting ' at the Arcadia High'School; and WHEREAS, the District and the. City will mutually benefit from access to and utilization of baseball field lighting. NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY M=ALLY AGREE AS FOLLOWS: 3�. The City shall apply for County of Los Angeles Regional Park and Open Space District, per Parcel• Discretionary. Grant Program funds allocated in Section 8.b.1 of Proposition "A ", in the amount of ,$150,000. 2. The City, upon execution of an agreement between the County and the.City for the Per Parcel Discretionary Grant Program Funds, shall provide the District the funds approved in said agreement for the construction of the baseball field lighting at the Arcadia High School. 3. The District agrees, upon receipt of the fund described above, to .construct the baseball field lighting at Arcadia High School in accordance with plans -,and specifications prepar'ad by the District and approved by the City and t�h)i_ County. 4. Upon completion of construction and after acceptance of the job, the City agrees to operate and maintain said baseball field lighting throughout the life of this Agreement. The City reserves the right to charge a fee for the use of the lights, in order to offset some of the cost of operation. -2- 5. The District recognizes that certain requirements must be fulfilled in the use of Per Parcel Discretionary Grant Program Funds for the construction of said lighting and agrees to., comply with all said requirements, imposed on the City by the use of these funds.- These. requirements include, but are not limited to: a. That the District will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction. site to insure that the completed work conforms with "the approved plans and specifications; that it will furnish progress reports and. such other information as the County may require. b. That the District will give the County's authorized representative, access to and the right to examine all ret;ords, books, papers or documents related to the grant C. That the District will cause work on the project to be commenced within a reasonable time after receipt of funds and that the project will be prosecuted to completion with reasonable diligence. ; d. All significant deviations from approved plans and 1, specifications shall be submitted to the City and County . for prior approval. e. That the District has met, or will meet, all federal, state or local environmental, public health, relocation, and affirmative action and all other appropriate codes, laws, and regulations. prior to expenditure of grant funds. -3- i 6. 7. f. Tat the County will, projects, audit the project. up`en completion of the District agrees to provide necessary records, contracts, ,and related documents necessary to satisfy County audit requirements. The District agrees to make available to the City the said baseball field lighting at all times when not being utilized for school purposes, whenever occurring during the regular school term or the summer. school term, throughout the life of this Agreement. The use- of these facilities shall be determined by a prior schedule mutually agreed upon. Deviation from said schedule is to be•subject•to approval in writing by the City Manager and Superintendent of Schools, or their designated representatives. 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 the sole act or omission of the City, its employees, officers or i agents�in the performance of this Agreement. l / The City shall not be responsible to the District for loss or damage to the Districts property. -4- Distrlwt agrees to indemnify, d nd, and hold harmless i 'the CiY, its officers, employees and agents from and again�t/ all claims, demands, suitsa loss, damage, injury and liability, including costs, judgments and expenses arising out of any act or omission of the District, its employees, officers or agents in the performance of this Agreement, or the, construction provided for herein. 8. The City and the District" shall each provide its own liability and other insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in an amount of not less than Two Million Dollars ($2,000,0.00). The City and the District shall each provide the other with a certificate . of insurance -as required herein, which certificates shall provide notice to the party receiving said certificate of any cancellation of such coverage. 9. Both the City and District shall solely conduct the activities, services, and programs normally controlled by each within the scope of its respective operation. This agreement does not constitute a'joint powers agreement to provide mutual or overlapping services. The City shall cooperate to minimize custodial and maintenance services required by reason of the City's activities and programs conducted upon the property. The-District shall provide all janitorial services required to maintain said property during the term of this Agreement and the District shall provide all maintenance for said property. Janitorial services shall include collection and disposal of, refuse resulting from the use of the property by the City and the District. -5- • 10. 11. It i6.racknowledged and agreed iwy the District that, except for specific Recreation events or City sponsored events, using the baseball field lights, all other uses of subject property, including general use by the public, are under jurisdiction of the District. The term of this Agreement shall be for twenty (20) years and may be renewed upon mutual agreement of the parties hereto. This Agreement shall be.-non-revocable except for just cause and in such event, either party to,this Agreement may termin�te the agreement at any time subject to 180 days not Fe/ in writing to the other party hereto. IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and year, first above written. ATTEST: City Cle APPROVED AS TO FORM: lJ �I City Attorney -6- ARCADIA UNIFIED SCH00 ISTRICT OF LOS ANGELES -COUNT,; Superintendent Approved by the Governing Board 4/12/94 z e �'1 • �• ..1 1 1 11 • ��� i, 1 I I 1 l • ® i O I ► MM 1 W i I � m ► ► i .. ® 1 rim ` .cr. 1 �I ► ti f �i i n a p � 0 aC1 ► I rr 1 1 I i i ► ► I i ❑ ; + Lj i i i -j^j � , ► i ; 1 i I etW��y 31� 1 i 1 EXHIBIT "A" O H O , z, M 1. AUSD Co,,,Oact No. 99/00;912 AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF THE ATHLETIC FIELD LIGHTING AT DANA MIDDLE SCHOOL, FIRST AVENUE MIDDLE SCHOOL AND ARCADIA HIGH SCHOOL FOR SCHOOL AND RECREATIONAL PURPOSES THIS AGREEMENT, made and entered into this 6`" day of October, 1999, by and between the CITY OF ARCADIA, hereinafter referred to as the "City" and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as the `District." WITNESSETH WHEREAS, the Civic Center Act, commencing with Section 38130 of the Education Code provides that the governing board of a school district may grant the use of school grounds for recreational and public purposes; and WHEREAS, Education Code Section 10900 et seq. provides that governing bodies of any two or more public authorities may cooperate with each other in the development and conducting of programs of community recreation; and WHEREAS, the District owns and operates the Dana Middle School, First Avenue Middle School and Arcadia High School (collectively, the "School Sites ") located within the City of Arcadia, County of Los Angeles (the "County "), State of California; and WHEREAS, a portion of the School Sites consist of athletic fields as depicted in Exhibits A, B, and C (collectively, the "Premises "), which are attached hereto and incorporated herein by this reference; and WHEREAS, the City and District desire to install athletic field lighting on the Premises for recreational and other related purposes; and WHEREAS, the City is an eligible applicant for funding under. County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program; and WHEREAS, the City Council at its meeting of May 18, 1999 approved the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 3(c)l of Proposition A for the installation of athletic field lighting at the School Sites; and WHEREAS, the District and the City will mutually benefit from access to and utilization of athletic field lighting. NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY MUTUALLY AGREE AS FOLLOWS: -y The City shall apply for County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program funds allocated in Section 3(61 of Proposition A, in the amount of $242,438. 2. The City, upon execution of an agreement between the County and the City for the Per Parcel Discretionary Grant Program Funds, shall provide the District the funds approved in said agreement for the installation of athletic field lighting on the Premises at the School Sites. 3. The District agrees, upon receipt of the funds described above, to contract for the construction and installation of the athletic field lighting on the Premises at the School Sites in accordance with plans and specifications prepared by the District and approved by the City and the County (the "Project "). 4. The City requires that all lighting specific to the Project be isolated from any and all other facility energy consumption, subject to the cooperation of the local utility company and the District's ability to acquire separate metering. The cost of installing the separate metering at the Premises shall be borne by the Grant Program. 5. Upon completion of construction and after acceptance of the Project, the Citv agrees, at its sole cost and expense to a) maintain said athletic field lighting in good working order and condition, and (b) pay all utility bills when due for the operation of said athletic field lighting. throughout the life of this Agreement. The City reserves the right to charge a fee for the use of the lights, other than use by the District, in order to offset some of the costs of operation. 6. The District recognizes that certain requirements must be fulfilled in the use of Per Parcel Discretionary Grant Program Funds for the installation of said lighting and agrees to comply with all said requirements, imposed on the City by the use of these funds. These requirements include, but are not limited to: a. That the District will provide and maintain competent and adequate architectural engineering supervision and inspection at each construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the County may require. b. That the District will give the County's authorized representative access to and the right to examine all records, books, papers or documents related to the grant. C. That the District will cause work on the project to be commenced within a reasonable time after receipt of funds and that the Project will be prosecuted to completion with reasonable diligence. 4 d. All deviations from approved plans and specifications shall be submitted to the City for evaluation of significance and to the County for written approval if deemed appropriate. e. That the District has met, or will meet, all federal, state or local environmental, public health, relocation, and affirmative action and all other appropriate codes, laws, and regulations prior to expenditure of grant funds related to the project. f. That the County will, upon completion of the projects, audit the project. District agrees to provide necessary records, contracts, and related documents necessary to satisfy County audit requirements. 7. Use of the Premises a. The District agrees to make available to the City, without charge except as expressly provided for in this Agreement, for the purposes of conducting recreational programs and activities sponsored and organized by the City, the said athletic field lighting at all times when not being utilized for school purposes, whenever occurring during the regular school term or the summer school term, throughout the life of this Agreement. The use of the Premises shall be determined by a prior schedule mutually agreed upon. Deviation from said schedule is to be subject to approval in writing by the City Manager and District Superintendent, or their designated representatives. b. The City shall furnish all necessary custodial services and supplies (including consumable materials) when using the Premises in order to keep the Premises in a neat, orderly and sanitary condition. Should either the City request or District require the assignment of District custodial staff at the Premises when being used by the City, the City shall pay District the actual cost to the District of providing the custodial staff for the City sponsored activity. In the event the District provides custodial staff, the District shall invoice the City for such services and the City shall pay such invoices within fifteen (15) days of receipt. C. The District agrees to maintain the Premises and related equipment, excluding the subject athletic field lighting, in a condition which is safe, clean, operable, and usable condition. d. The City shall pay the actual costs determined by the District's established hourly fee schedule for any required technical staff assigned by the District and approved by the City Manager or his designee, to provide operational expertise for the City's use of the Premises. The District shall invoice the City for such service and the City shall pay such invoice within fifteen (15) days of receipt. 3 e. The City shall install, repair, maintain and be responsible (including the risk of loss) for all equipment that the City may own and desire to use on the Premises for which the District has given its written consent. £ The City shall be responsible for providing or causing to be provided all security service as deemed necessary by the Arcadia Police Department when using the Premises. g. The City shall be responsible for furnishing and supplying personnel to conduct and supervise the recreational activities conducted by the City on the Premises, including non - technical personnel as may be required by the District, such as supervisors, ushers, ticket takers, etc.). h. In the event of damage to any portion of the Premises beyond normal wear and tear due to the carelessness or negligence of the City, the City shall be responsible for all costs associated with the repair or replacement and return to safe operable conditions. The City shall give written notice to the District of any such damage within five (5) working days of the discovery of the damage. The District shall arrange for and oversee all repairs or replacement. 8. Neither 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. 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, including the construction provided for herein. 9. The City and the District shall each provide its own liability and other insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in an amount of not less than Two Million Dollars ($2,000,000). The City and the Distirct shall each provide the other with a certificate of insurance as required herein, which certificates of insurance shall provide notice to the party receiving said certificate of any cancellation of such coverage. Alternatively, the City and/or District may self - insure up to the specified limits as evidenced by a rider of self - insurance to be provided to the other party. As a condition precedent 4 to execution of this agreement, the District shall provide proof of insurance to the satisfaction of the City Attorney. 10. Both the City and District shall solely conduct the activities, services, and programs normally controlled by each within the scope of its respective operation. The City shall cooperate to minimize custodial and maintenance services required by reason of the City's activities and programs conducted upon the Premises. 11. It is acknowledged and agreed by the District that, except for specific recreation events or City sponsored events, using the athletic field lighting, all other uses of Premises, including general use by the public, are under jurisdiction of the District. 12. The term of this Agreement shall be for twenty (20) years. This agreement may be terminated for cause (substantial breach of a material provision) upon thirty (30) days written notice to the other party. This Agreement may be terminated without cause upon 180 days written notice to the other party. 13. This Agreement is severable with respect to the Premises set forth in 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 in the termination of this Agreement as to that specific property, this Agreement shall remain in effect with respect to the remaining Premises. 14. This agreement or any interest of the parties therein shall not at any time after the date hereof, without the prior written consent of the other party be mortgaged, pledged, assigned or transferred by either party by voluntary act or by operation of law. 15. All notices by either party to the other shall be in writing and shall 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: 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 16. The District and City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of the recreational programs and facilities of the parties. Said list shall be updated as needed based on personnel changes. 17. 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 right 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. 18. 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 A Municipal Corporation By: li &'/Z� — R er Chandler, Mayor AT ST: C Clerk APPROVED AS TO FORM: p City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY APPROVED AS TO FORM: Parker, Covert & Chidester By: Dou g las N. YeAlan DISTRICT Counsel 0 - ' So Cal'] wCERTIFlCATE OF COVERAGE *&0 IssUE DATI: 07/20/00 i ADMINISTRATOR: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION KEENAN & ASSOCIATES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LICENSE# 0451271 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2355 CRENSHAW BOULEVARD, SUITE 200 ALTER THE COVERAGES AFFORDED BY THE COVERAGE TORRANCE, CA 90501 DOCUMENTS BELOW. COVERED PAS: ENTITIES AFFORDING COVERAGE ENTITY A WEST SAN GAEIR EL UABLITY & PROPERTY JPA SOUTHERN CALIFORNIA ReLiEFJPA and ARCADIA UNIFIED SCHOOL DISTRICT 234 CAMPUS DRIVE vz ARCADIA, CA 91007 cII r a/ AI?CAIA QTV CI,ERK- ATTN: MR JAY HORTON THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY RBDUIREMENT, TERM. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED HE49N IS SUBJECT TO ALL THE TERMS, CONDITIONS OF SUCH COVERAGE DOCUMENTS. ENT TYPE OF COVERAGE COVERAGE ELECTIVE MEMBER LTR DOCUMENTS /EXPIRATION DATE RETAINED LIMIT LIMITS / DEDUCTIBLE GENERAL LIABILITY (X]COMMERCIAL GENERAL LIABILITY COMBINED SINGLE LIMIT A [ ]CLAIMS MADE [X]OCCURRENCE EACH OCCURRENCE [X]GOVERNMENT CODES SCR 00102 -14 06- 30- 00 / 01 $ 10,000 $ 4,990,000 [XIBVXM & OMISSIONS AUTOMOBILE LIABILITY A [X]ANY AUTO ( ]HIRED AUTO SCR 00102 -14 06- 30- 00 / 01 $ 10,000 EACH OCCURRENCE I MR [ ]NON-OWNED AUTO $ 4,990,000 [X]GARAGE LIABILITY [XIAUTO PHYSICAL DAMAGE A PROPERTY ALL RISK EARTHQUAKE & FLOOD EXCLUDED SCR 00102 -14 06- 30- 00/01 $ 10,000 $ 500,000,000 l - PER OCCURRENCE DESCPoPTION OF OPERATIONS t LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL PROVISIONS: SUPERVISED USE OF CAMPUS DRIVE BY ARCADIA HIGH SCHOOL FO - AGREEMO F FOR JOINT PROJECTS, AND USE OF SWIMMING: POOL FROK JULY 1, 2000 THROUGH JUNE30, 2001. CERTIFICATE HOLDER CANCELLATION ....... SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCEM BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING ENTITY /JPA WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENTITY /JPA. ITS AGENTS OR RE4MENTATIVES. CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91006 -0060 ATTN: JUNE ALFORD K &A.. A'L..O6 /2000 AUTHORIZED RFPRFRFrITnrnic COVERED PARTY ARCADIA USD So Cal o7i2oioo A.C.# 116 ENDORSEMENT ADDITIONAL COVERED PARTY COVERAGE DOCUMENT SCR 00102 -14 ADMINISTRATOR KEENAN & ASSOCIATES Subject to all its terms, conditions, exclusions and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Covered Party: CITY OF ARCADIA, ITS CITY COUNCIL, OFFICERS AND EMPLOYEES. As Respects: SUPERVISED USE OF CAMPUS DRIVE BY ARCADIA HIGH SCHOOL FOR BAND PRACTICE, COOPERATIVE AGREEMENT FOR JOINT PROJECTS, AND USE OF SWIMMING POOL FROM JULY 1, 2000 THROUGH JUNE 30, 2001. Authorized Representative