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HomeMy WebLinkAboutC-1762AUSD Con+ act #: 08 -09 -434 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 By: a Donald Penman, City Manager Dated U 1� 9 ATT T: i� City c lerk APPROVED AS TO FORM: ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY By: ( Assistant Superintendent Business Services Board Approval: 0 /09 Date signed: 07/30/ CONCUR: Stephen P. Deitsch Pat Malloy, "Assistamf City Manager City Attorney Public Works Services Director ORIGINAL AMENDMENT NO. 1 TO JOINT USE AND MAINTENANCE ar k E 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. 1 ") 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 William R. Kelly, City Manager 11• ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY By DISTRICT Counsel APPROVED AS TO FORM: Tt �,- f - P 1),;t City Attorney CONCUR: Public Work ervic Director APPROVED AS TO FORM: JOINT USE AND MAINTENANCE AGREEMENT THIS JOINT USE AND MAINTENANCE AGREEMENT ( "Agreement "), dated this � day of M, kv _, 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 "). WITNESSETH: 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 `B "; 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 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. 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 `B" 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 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 By:_ ATTEST: ty Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY APPROVED AS TO FORM: M EXHIBIT A Arcadia High School 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 J 0 0 r C) C/) - r (D ry z LU C) F- -1 ui o Cf) z < Z 0- (D W co (D L-Lil I�K�:11.3Y1i.� Baldwin Stocker Elementary 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: 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: 1. CITY Responsibility The CITY shall be responsible for the maintenance of all facilities located within the areas on Attachment "Y' 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" M ry Q z W W N J W z w W 7 U U Q O F- I- Q CAMINO GROVE ELEMENTARY a AND CAM I N O GROVE PARK ATTACHMENT 11311 N.T.S. LEGEND E PANEL Holly Avenue Elementary 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" 7 LEGEND E PANEL HOLLY AVE. ELEMEN - 1 ARY a ATTACHMENT 11 4 N.T.S. EXHIBIT C Hugo Reid Primary School Hugo Reid Park 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" 0 HUGO REID PARK Lis ATTACHMENT 115" AUSD Co ;act 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 w _ . 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) I 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: See Attachment "6" - Dana Middle School Exhibit "D" 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) l 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 CitX agrees, at its sole cost and expense to a) maintain said athletic field lighting in good working order and condition and b) pav all utility bills when due for the operation of said athletic field lighting throughout the life of this Agreement The "ity reserves the right to charge a fee for the use of the lights, other than use l by t1i 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. IN 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. 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. 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 District 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 rd 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 ry// 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 5 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: R er Chandler, Mayor AT ST: C Clerk APPROVED AS TO FORM: R City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY 1 oard of Education APPROVED AS TO FORM: Parker, Covert & Chidester By: a ' Douglas N. Ye an DISTRICT Counsel 0 J 0 0 r U � (n � W J LLJ 0 U 7 Q Q z Q 0 J W Q U) Z Q z 2 �- w 9 nn rr J It W ON Z � J 0 0 Z U U) w M W Z) z w Q U) U- a W 2i 2 Q Q J W Q Z Q z w rn J N ON AUY" Contract No. 3723 AGRE22CENT BETWEEN THE CITY OF ARCADIA AN 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 12th 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 CO . UNTYf hereinafter referred to as the "District"... WITNESSETH: WHEREAS, Chapter 4 of Division 12 of the Education Code provides that the goveining 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 "All 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 -I- EXHIBIT "E" wHERE:AS, the City 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 WH 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 f ield 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- 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 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 r epresentative, access to and the right to examine all , r books, papers or docume nts 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 f ederal, 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. Tnat 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 agentsin the performance of this Agreement. ./ The City shall not be responsible to the District for loss or damage to the District's property. -4- ® Distr -_c agrees to indemnify, depend, and hold harmless 'the Cit , its officers, employees and agents from and again,gt 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 i-t acknowledged and agreed y 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 time subject to 180 days notif-e 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. Cln OF r A c p at ion R yor ATTEST: City C10 APPROVED AS TO FORM: U City Attorney ARCADIA UNIFIED SCHOO1 , �,,PISTRICT OF LOS 2i.NGELES -COUN B --- I P� t, Boa o a Bye Superintendent Approved by the Governing Board 4/12/94' a -6- � �sr �7 r I i C1 t v C t4 �� daQvQQ, '• . y � j � t r7 q i i I - - -- -� - - - - -- cc t t i� i i i Coll F•� .z �l d EXHIBIT "A" AUSD Co act 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 fiends 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: 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(e)l 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 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. 2 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. 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 Distrrct 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 11 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: �2" R ger Chandler, Mayor AT` F,ST: Cit�(Clerk APPROVED AS TO FORM: City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY B y : c President, oard of Education uperintendent APPROVED AS TO FORM: Parker, Covert & Chidester By: Douglas N. YeAian DISTRICT Counsel 6 PUBLIC WORKS SERVICES DEPARTMENT DATE: March 6, 2001 TO: MAYOR AND CITY COUNCIL FROM: PAT MALLOY, PUBLIC WORKS SERVICES DIRECTOR SUBJECT: RECOMMENDATION TO ENTER AN AGREEMENT BETWEEN THE CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT FOR JOINT USE AND MAINTENANCE FOR SHARED USE OF NINE (9) FACILITIES SUMMARY The City of Arcadia and the Arcadia Unified School District has several agreements, which allows the sharing of facilities for the common use of the City and the District. One (1) of these agreements, a joint use agreement with the Arcadia Unified School District for the shared use of three (3) Facilities (Arcadia High School, Holly Avenue School and Hugo Reid Primary School) was entered into by the City Council on May 7, 1996. This agreement expired on February 27, 2001. During the past six (6) months, staff from the City and the District reviewed the use of all City and District owned facilities and have agreed that it would be advantageous for both agencies to continue sharing facilities. Based on this review, it is recommended that the City Council authorize the City Manager to enter into a new single "Agreement" with the District for shared use and maintenance of certain portions of nine (9) facilities as described in Exhibits "A ", "B ", "C ", "D" and "E" attached. DISCUSSION The City of Arcadia and the Arcadia Unified School District have entered into several joint use agreements over the years for the purpose of sharing school playgrounds and City parks that are adjacent to one another for recreation uses. The following three (3) agreements outline maintenance responsibilities and shared use of facilities at Arcadia High School, Baldwin Stocker Elementary, Camino Grove Elementary, Camino Park, Dana Richard Henry Middle School, First Avenue Middle School, Holly Avenue Elementary, Hugo Reid Primary, and Hugo Reid Park: • 5 year - Joint Use and Maintenance Agreement. Expires February 27, 2001 • 20 year - Construction, Maintenance and Joint Use of the Baseball Field Lighting at Arcadia High School for School and Recreational Purposes. Expires April 12, 2014 • 20 year - Construction, Maintenance and Joint Use of the Athletic Field Lighting at Dana Middle, First Avenue Middle and Arcadia High School for School and Recreational Purposes. Expires October 6, 2019 co LASES STAFF REPORT Mayor and City Council! March 6, 2001 Page 2 For the ease of administration, the City and District would like to consolidate the three agreements into one agreement. After the City and School staff reviewed the various sites, it was agreed that there are certain portions of the nine (9) shared facilities that should be included in this new "Single Agreement" as set forth in the attached Joint Use and Maintenance Agreement and Exhibits. The School Board will consider this Agreement at their next Arcadia Unified School District Governing Board Meeting. FISCAL IMPACT Administration of a single contract will result in a general cost savings for both agencies. RECOMMENDATION • It is recommended that the City Council: Authorize the City Manager to enter into a Joint Use and Maintenance Agreement with the Arcadia Unified School District for the shared use of nine (9) facilities in a form approved by the City Attorney. PM:dw Attachments: Agreement Exhibits APPROVED: William R. Kelly, City Manager JOINT USE AND MAINTENANCE AGREEMENT THIS JOINT USE AND MAINTENANCE AGREEMENT ( "Agreement "), dated this day of , 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 "). WITNESSETH: 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 Agreementand 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. b. c. d. e. Arcadia High Baldwin Stocker Elementary Camino Grove Elementary Camino Park 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. 1 e. f. g. h. First Avenue Middle Holly Avenue Elementary Hugo Reid Primary Hugo Reid Park 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. 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 terns and provisions of the October 1999 Agreement and the April 1994 Agreement shall govern. 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. 2 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 perfounance 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 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 ARCADIA UNIFIED SCHOOL DISTRICT A Municipal Corporation OF LOS ANGELES COUNTY By: By: President, Board of Education ATTEST: By: Superintendent City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 EXHIBIT A Arcadia High School 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: 1. 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 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 0 Z CD V w J I- = 0 J • • EXHIBIT B Baldwin Stocker Elementary 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: 1. 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" 6 CAMINO .DROVE ELEMENTAR AND CAM I N O GROVE PARK ATTACHMENT "3" LEGEND U PANEL. N.T.S. Holly Avenue Elementary 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: 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 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" 7 HflLLY AVE. ELEM EN -'CRY ATTACHMENT "4" LEGEND al PANEL N.T.S. EXHIBIT C Hugo Reid Primary School Hugo Reid Park 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" 8 HUGO REID PRIMARY AND FILJGO REID PARK ATTACHMENT "5" N.T.S. 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 6th 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." 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: WITNESSETH Exhibit "D" AUSD Co ,act No. 99/00 ;91 See Attachment " 6" - Dana Middle School 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)1 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 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. 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. g. 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. 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. 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 haunless 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 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 5 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: 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. R r Chandler, Mayor recreational programs and facilities of the parties. Said list shall be updated as needed based on personnel changes. APPROVED AS TO FORM: 6 ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY By: uperintendent oard of Education APPROVED AS TO FORM: Parker, Covert & Chidester Douglas N. Ye an DISTRICT Counsel 1 J 0 0 Z U ! Cr) F-- w J 2 ® _ 0 U 2 I- z < 0 0 0 0 CO LLI Z 1-11 - 2 2 w < Z - w 1- LL AGREEMENT BEIwIlEN 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 -1- AU" Contract No. 3723 12th 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 goveining 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 Exhikiit "A" attached hereto and incoeForated 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 EXHIBIT "E" WHEREAS, the City 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. 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 td 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. Th,-c the County will, ups__ 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 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 lass 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, sits 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 (82,000,000). 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 agreMent does not constitute a 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 zknowledged and agreed 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 terminate the agreement at any time subject to 180 days notice 11. ATTEST: 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. , B CST ARCADIA UNIFIED SCHOO i ?ISTRICT A nicip �C• •o; ation / OF LOS s GELES _ OUN City Cle Mayor APPROVED AS TO FORM: Al tila City Attorney By Superintendent Approved by the Governing Board 4/12/94 EXHIBIT "A"