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HomeMy WebLinkAboutJoint Use of Baseball Field LightingAGREEMENT 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 -1- /U /0 r rr r- THIS AGREEMENT, made and enter into this day of 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 Exhibit "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 L p 1V 11 li4it-i - WHEREAS, the Council at its meeting of April 5, 1994 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 MUTUALLY AGREE AS FOLLOWS: 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 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 prepared by the District and approved by the City and the 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 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. d. All significant deviations from approved plans and 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- 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. 6. 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. 7. 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 agents in the performance of this Agreement. The City shall not be responsible to the District for loss or damage to the District's property. _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 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 ($2,000,000). 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. It is acknowledged and agreed by 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. 11. 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 terminate the agreement at any subject to 180 days notice 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: APPROVED AS TO FORM: CITY OF ARCADIA ARCADIA UNIFIED SCHOOL DISTRICT A Municipal Corporation OF LOS ANGELES COUNTY By By Mayor President, Board of Education City Clerk City Attorney By Superintendent z•■-- .■■III z Q J a w 0 z 0