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HomeMy WebLinkAboutCC AG PKT 2002-03-11 Supplemental - Closed Session re: Los Al Unified District Facility Usetf W WW' : 011061 To: Honorable Mayor and City Council From: John B. Bahors1d City Manager II Date: March 11, 2002 ff OtrW1 Subject: Closed Session Material — Los Alamitos Unified School District Facility Use Agreement The lease agreement between the Los Alamitos Unified School District (LAUSD) and the City of Seal Beach for the McGaugh pool and tennis courts expired in July 1997, and there is no record of a new lease agreement since that date. As LAUSD desires to negotiate a new lease, staff has held two meetings with the LAUSD representatives to discuss the lease and other outstanding issues related to the McGaugh pool. The only remaining issue is the new lease agreement for McGaugh pool and tennis courts. The agreement executed in 1987 was a no -cost, ten-year agreement for the pool and tennis courts. In exchange for this no -cost agreement, the City was responsible for maintaining the pool and tennis courts, providing routine janitorial services and be responsible for repairs and liability insurance. This was a straightforward lease agreement with LAUSD that recognizes the community benefits of keeping the pool and tennis courts open and usable to the public. Unfortunately, it now appears that LAUSD has taken a different position with regard to the pool and tennis courts. LAUSD staff has direction from the School District Board to make these types of lease agreements a positive fiscal benefit to the District. City staff has indicated to LAUSD staff that these uses do not generate net revenues to the City and are, in fact, heavily subsidized by the general fund. LAUSD has presented a revised lease agreement to City staff for review and discussion. The revised agreement contains the following provisions: 1. Term - a ten-year term expiring in 2011. 2. Fees - LAUSD is seeking to share in revenues generated to offset costs. 3. Facilities - LAUSD is proposing to include the McGaugh School gym in this agreement, and 4. Maintenance - Responsibility for gym maintenance is still an open question, however, this is anew request from LAUSD. CLOSED SESSION ITEM 8 The major point of contention with the new lease agreement is the fee issue and whether or not the City should pay for these facilities. In previous agreements the City did not pay LAUSD or share revenues generated from these facilities. Based on City staff review, both the pool and tennis courts do not generate net revenues to the City. The Parks and Recreation Commission has had an opportunity to review and comment on the draft agreement at its January and February Commission meetings. However, the Commission has not made any definitive recommendations to date. As such, staff is seeking direction from City Council on how to proceed with negotiations. Several options include: 1. Submit a counter proposal that is similar to the expired lease agreement, 2. Negotiate an agreement with a revenue sharing component, or 3. Put forth a proposal that pays LAUSD a fixed amount for the lease period. For example, a proposal could be presented that pays LAUSD $100 per year for use of the facilities. Attachments: A) 1997 lease agreement with LAUSD B) Draft lease agreement prepared by LAUSD C) 1964 lease agreement with Seal Beach School District D) McGaugh School Revenue/Expenses FACILITIES USE COOPERATION AGREEMENT McGaush Elementary School This Facilities Use Cooperation Agreement (this "Agreement") is entered into as of March _, 2002, by and between the Los Alamitos Unified School District ("District'l and the City of Seal Beach ("City'l. This is a joint use agreement for community recreation programs pursuant to Education Code section 10910 so that the Los Alamitos Unified School District and the City of Seal Beach may provide for the use of the tennis courts and swimming pool located at the McGaugh Elementary School located in the City of Seal Beach, County of Orange, State of California. WITNESSETH: WHEREAS, the District and the City wish to enter into an agreement to accomplish the coordination and improvement of certain school facilities ("Facilities") located on property owned by the District commonly known as McGaugh Elementary School; and WHEREAS, the two public agencies intend to coordinate their efforts for the maintenance and scheduling of the Facilities. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. Term. The teem of this Agreement shall be for a period of ten (10) years, commencing on the date that this Agreement is executed by both parties hereto and expiring on June 30, 2012 (the'Term'�. The Term maybe renewed by the mutual written agreement of the parties hereto or unilaterally terminated. In the event the District provides evidence that the Facilities are needed for, educational purposes, the District shall provide a one (1) year notification to the City of cancellation of this agreement. Such cancellation would be for the purpose of the District scheduling its educational needs and the District may enter into an agreement with the City for a joint use with the City for the same use of the recreational facilities at that time. The City may terminate this Agreement by providing a one (1) year notification to the District of termination of this Agreement. 2. Purpose. The purpose of this Agreement is to establish an arrangement under which the District and the City will cooperate in the use, scheduling and maintenance of the Facilities upon land situated at McGaugh Elementary School. 3. Facility Use. The City shall have priority use of the pool and tennis courts. Facility scheduling shall be administered by the City or by A mutually agreed upon agent and approved by the District. The City will share scheduling information with the District by access i to a common scheduling system. Quarterly reviews will be scheduled between the City and the District to analyze scheduling. Both parties agree to coordinate the scheduling of non -school hour events by mutual agreement. SINGLE USE FACILITIES: 57296100011666527.2 a, City. The City shall have access to and use of the Facilities at all times. Nothing in this paragraph shall prevent the District from refusing access to the Facilities during an emergency or the completion of necessary maintenance operations. [[Tbe District may also schedule the Facilities for exclusive use up to FIVE (5) times per year by notifying the City or scheduling agent three (3) weeks in advance. M b. Fee: The City shall pay an annual fee for its use of the Facilities equal to One Dollar ($1.00) per year. I Insoection: Both Parties shall have the responsibility to inspect the Facilities for dangerous conditions of property prior to that party's use in accordance with this paragraph to ensure that the property is safe for use. Dangerous conditions shall be repaired or adequate warning signs shall be installed before use. JOINT USE FACILITIES: a. District The District shall have use and control of the Facilities from 7:00am. to 4:00 pm. on school days. The District may also schedule the Facilities for exclusive use up to ten (10) times per year by notifying the City or scheduling agent three (3) weeks in advance. For up to 6 months each year (basketball season), the District will have extended hours until 8:00 pm. during school days. The District will notify the City of this time each year (3) months in advance. The District will also notify the City as early as ossible of Facilities availabili within these times for additional City use. b. Com. The City shall have access to and use of the Facilities at all times other than those times reserved for District use. Nothing in this paragraph shall Prevent the District from refusing access to the Facilities during an emergency or the completion of necessary maintenance operations. c. Changes. Any request for a schedule change shall be in writing and shall be forwarded to the City or scheduling agent three (3) weeks prior to the intended usage date. d. Inspection. Both Parties shall have the responsibility to inspect the Facilities for dangerous conditions of property prior to that party's use in accordance with this paragraph to ensure that the property is safe for use. Dangerous conditions shall be repaired or adequate warning signs shall be installed before use. 4. Maintenance of Facilities. The City and the District shall cooperatively work to enhance the safety, maintenance, utility and functionality of the Facilities as approved by both 57296W W 1\6865272 - 2 - patties. The District reserves the right to implement improvements to the Facilities that do not damage the utilization as specified in this Agreement. DISTRICT: The District shall be responsible for the following: The District shall be responsible for a pro -rated percentage of the electrical costs associated with the gym, based on usage time. b..; Respgnsihility uitenance and cleaning W.; Responsibility for gvm repair and replacements? CITY: The City shall be responsible for the following: The City shall be responsible for the total (1001/6) of all water, gas and electrical utility costs associated with the Pool and Tennis Facilities. b. The City shall be responsible a pro -rated percentage of the electrical costs associated with the gym, based on usage time. C. The City shall collect garbage and maintain the cleanliness of the Facilities at times under the City's use or control. Portable restrooms will be placed in a District designated location for specified events and activities as directed by the District The City will be responsible for scheduling, installing, locking and cleaning the portable restroom facilities. MAINTENANCE IN THE EVENT OF DEFICIENCY: If either party fails to comply with the maintenance obligations outlined in this Section, the other party may request full performance by written notice. If the facility is not maintained in accordance with the standards provided in this Agreement within five (5) working days after the mailing of the notice, the other party has the right, but not the duty, to perform the maintenance to such standards and recover the direct cost of such maintenance by invoice submitted to the non -complying party. Such invoice shall be paid within thirty (30) days from the date the invoice was mailed. 5. Construction of Improvements. A. Imorovements. Any necessary improvements of the single use facilities (tennis courts and pool) shall be mutually agreed upon prior to construction. The City shall provide labor and materials for the following improvements to the Facilities w agreed upon for which construction shall be completed prior to June 30, 2_ � .aa° • �tgiT i ,; 57296\0001\686527.2 -3 - � IPROVENIFNTsU In order to complete the improvements in a timely manner, the District shall provide the City, and any contractors authorized by or employees of the City, access to the McGaugh Elementary School for construction related purposes at reasonable hours mutually agreed by the Parties. City and contractors must comply with District regulations regarding access and personnel presence on campus and the District regulations pertaining to such access. MMMQwnershin of Improvements. The single use facilities (tennis courts and swimming pool) are owned by the District and shall continue to be owned by District There will be no transfer of ownership. The facility improvements installed or constructed by the City shall become the property of the District, provided, however, that the City shall have the option, but not the obligation, to request a waiver of this clause prior to installation or construction and remove the improvement upon the expiration or termination of this Agreement so long as the City restores the property on which the improvements were installed or constructed to its original condition, reasonable wear and tear and any casualty excepted. [[If this Agreement is terminated, cancelled, or expired for any reason, the City shall not be entitled to a reimbursement of costs expended CAfor the improvements provided in this Section. dditional Improvements By District. Nothing in this Agreement shall prevent the District from installing, at its sole cost and expense and at its discretion, additional improvements to the Facilities, including but not limited to additional or improved lighting, sound systems, score boards, portable bleachers, or other needed equipment or facilities, of adequate and safe design, as approved by the school district board, so long as such improvements do not interfere with the City's use of the Facilities as provided herein. Ownership and control of such additional improvements shall remain with the District, and the District may remove the same at any time. 6. Liability Insurance. to cover the District and shall name the District as an additional insured. The City shall provide District with either proof of self insurance coverage in the amount of not less than One Million Dollars ($1,000,000.00), or with a policy of public liability and personal property insurance in an amount of not less than One Million Dollars (51,000,000.00). The District shall provide liability insurance and property damage insurance covering the Facilities in an amount equal to 100% of their replacement value and shall name the City m an additional insured. The District shall provide the City with either proof of self insurance coverage in the amount of not less than One Million Dollars (51,000,000.00), or with a policy of public liability and personal property insurance in an amount of not less than One Million Dollars (51,000,000.00). 7. Indemnity. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership S7296\0001\6865272 - 4 - informed as a result of this Agreement Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, elected officials, or employees to the fullest extent required by the law, and agrees to save, indemnify, defend and hold the other party harmless from any such liability. In the case of negligence of both the District and the City, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this Agreement 8. Utility Costs. The City shall separately meter and pay a/I electrical, gas and water utility costs associated with systems installed and used exclusively by the City. In addition, both parties shall split the cost of electrical utilities associated with the Joint Use Facilities, as specified above. The District shall invoice the City for such costs on a quarterly basis, and the City shall pay such invoice within thirty (30) days of its receipt. 9. Effectiveness. This Agreement shall not take effect until approved by resolution of the City Council of the City of Seal Beach and the Board of Trustees of the Los Alamitos Unified School District 10. Entire Agreement This Agreement contains the entire agreement between the City and the District, and shall not be modified in any manner except by an instrument in writing executed by both parties hereto. It supersedes and replaces any other verbal or written agreement by both parties relating to the Facilities at McGaugh Elementary School. 11. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and shall be deemed given as of the time of hand delivery to the addresses set forth below, or three (3) days after deposit into the United States first class mail, postage prepaid, by registered or certified mail, return receipt requested. Unless notice of a different address has been given in accordance with this Section, all such notices shall be addressed as follows: If to City: City of Seal Beach 2118" Street Seal Beach, California 90740 Atm: City Manager Telephone: (562) 431-2527 Facsimile: (562) 431.4067 With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Atm: Quinn M. Barrow, Esq. Telephone: (213) 626-8484 Facsimile: (213) 626-0078 57296\0001\686527.2 - 5 - If to District: Los Alamitos Unified School District Arm: Tel.: Fax: With a copy to: Attn: Tel.: Fax: 12. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 13. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE CITY OF SEAL BEACH, A municipal corporation By: John B. Bahorski, City Manager ATTEST: Joanne Yeo, City Cleric - APPROVED AS TO FORM: Richards, Watson & Gershon r By: Quinn M. Barrow, City Attorney a LOS ALAMITOS UNIFMD SCHOOL DISTRICT,a La McGaugh Elementary School is Alamitos Unified School District --he of Seal Beach, `hereitmher --`--' to as .. WITNESSETH: WHEREAS, the District and the City wish to enter into an agreement to accomplish the coordination and improvement of school facilities ("Facilities'l lo, aced on property owned by the District atr. mo lom u own as McGaugh Elementary School; and WHEREAS, the two public agencies intend to coordinate their efforts for the maintenance and scheduling of the �FgFjjlLtYo9 years, NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. Dw adeeIM& The du>ntienj= of this Agreement shall be for a period of ten 'the 'I'erm"). The Term may be renewed by JIgmutual or unilaterally terminated. 91tis agreement will rmaia 2. Purpose. The purpose of this Agreement is to establish an arrangement under which the District and the City will cooperate in -the use, scheduling and maintenance of speeifielhg Facilities upon land situated at McGaugh Elementary School. 3. Facility Use. The City shall have priority use of the pool and tennis courts. Facility scheduling shall be administered by the City or by a mutually agreed upon agent and approved by the District. The City will share scheduling and -revenudeest-information with the District by access to a common aeeeunnag-end-scheduling system. Quarterly reviews will be scheduled between the City and the District to analyze scheduling-end-§seal-eeeeipts. `e"»'� S729610001\6865P4QU27.2 sehedule and implemented by the clt ordinate le sh�dul o SINGLE USE FACILMES: L i --C. The City shall have access W and use of the Facilities at all times. Nothing in this paragraph shall prevent the District from refusing access to the Facilities during an emergency or the eomnletion of necessary maintenance operations. jj'Ibe District may also schedule the Facilities for exclusive use up to FIVE (5) times per year by notifying the City or scheduling agent three (3) weeks p, 3—parkin : TiiiS ry STS BE 4 sL ; lnspertion: Both Parties shall have the responsibility to inspect the Facilities for dangerous conditions of property prior to that party's use m accordance with this SeekeRpaeranh to ensure jj)Lthe property is safe for use. Dangerous conditions shall be repaired or adequate warning signs shall be installed before use. JOINT USE F EBFACIr. MS: a. District The District shall have use and control of the Facilities from 7:OOa.m. to 4:00 p.m. on school days. The District may also schedule the Facilities for exclusive use up to ten (10) times per year by notifying the City or scheduling agent three (3) weeks in advance. For up to 6 months each year (Bmketis 4kbA&g= season), the diffWieIQjaUjgj will have extended hours until 8:00 p.m. during school days. The 46bieQjWjjjj will notify the City of this time each year (3) months in advance. The disaiet$= will also notify the City as early as possible of faeiRtrEasalitiQ availability within these times for additional b. City. The City shall have access ILand use of the Facilities at all times other than those times reserved for District use. Nothing in this paragraph shall prevent the 57296"1\68"a7-k686� - 2 - District from refusing access to the Facilities during an emergency or—U completion of necessary maintenance operations. C. Changes. Any request for a schedule change shall be in writing and shall be forwarded to the City or scheduling agent three (3) weeks prior to the intended usage date. d. Inspection. Both Parties shall have the responsibility to inspect the Facilities for dangerous conditions of property prior to that party's use in accordance with this Seeti� to ensure_" the property is safe for use. Dangerous conditions shall be repaired or adequate warning signs shall be installed before use. of the Faegitie en the Distme 4. Maintenance of Facilities—sad--6reund - The City and the District wi4§11A1 cooperatively work to enhance the safety, maintenance utility and pleyabili4yjyyfyQII;t11LY of the Facilities as approved by both parties. The District reserves the right to implement improvements to the Facilities that do not damage the utilization as specified in this agmeatenF&&L=aIII- DISTRICT: The District shall be responsible for the following: a. The District shall be responsible for a pro -rated percentage of the electrical costs associated with the gym, based on usage time. J -n for gutear d cleanin RespoQsibrbtv_for wm rcr_and-r'e`nts'. CITY: The City shall be responsible for the following: S7296\000l\686.4a*.4 $Lj2U - 3 - L b—The City shall be responsible for the total (1000/) of all water, gas and electrical utility costs associated with the Pool and Tennis Facilities. IL a The City shall be responsible a pro -rated percentage of the electrical costs associated with the gym, based on usage time. S, d-Tbe City wAllbAU collect garbage and maintain the cleanliness of the Facilities at times under the City's use or control. g -.-Portable restrooms will be placed in a District designated location for specified events and activities as directed by the District The City will be responsible for scheduling, installing, locking and cleaning the portable restroom facilities. MAEgrENANCE IN THE EVENT OF DEFICIENCY: If either party fails to comply with the maintenance obligations outlined in this Section, the other Party may request full Performance by written notice. If the facility is not maintained in accordance with the standards provided in this Agreement within five (5) working days after the mailing of the notice, the other party has the right, but not the duty, to perform the maintenance to such standards and recover the direct cost of such maintenance by invoice submitted to the non -complying party. Such invoice shall be paid within thirty (30) days from the date the invoice was mailed. 5. Construction of Improvements. A. Improvements. Any necessary improvements of the single use facilities (tennis courts and pool-,) wWjj AU be mutually agreed upon prior to construction. The City shall Provide labor and materials for the following to the Facilities as agreed upon for which construction shall be eemmWedf=Rjq £d prior to lune 30, 2 In order to complete the improvements in a timely manner, the District shall provide the City, and any contractors authorized by or employees of the City, access to thebj2QAU9b Elementary,School for construction related purposes at reasonable hours mutually agreed by the Parties. City and contractors must comply with District regulations regarding access and personnel presence on campus and the District regulations pertaining to such access. S7296\0001\6863274§ fj$= - 4 - �ncfer of ownership. The facility improvements installed or constructed by the City shall become the property of the District, provided, however, that the City shall have the option, but not the obligation, to request a waiver of this clause prior to installation or construction and remove the improvement upon the expiration or termination of this Agreement so long as the City restores the property on which the improvements were installed or constructed to its original conditionmagaphILMLOd rest and any casualty excepted. ([If this Agreement is terminated, cancelled, or expired for any reason, the City shall not be entitled to a reimbursement of any costs expended for the improvements provided in this Section, =Additional improvements By District. Nothing in theme Agreement shall prevent the District from installing, at its ewesole cost and expense and at its discretion, A*k additional improvements to tJlgFacilities inrh,d;no hnt pot limited to additional o[ )29" so long as such improvements do not interfere with the City's use of the Facilities as provided herein. Ownership and control of such additional improvements shall remain with the District, and the District party -may remove the same at any time. S7296\000116%&174{$§" - 5 - Z 6. lAabft Insurance. -Indemnity. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, elected officials, or employees to the fullest extent required by the law, and agrees to save, indemnify, defend and hold the other party harmless from any such liability. In the case of negligence of both the District and the City, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other patty. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this Agreement. The Tma*,, seued systems, seefe boards, portable bleselteis, et other needed equipmeat—�, T: eg 8. Utility Coats. The City shall separately meter and pay a/I electrical, gas and water utility costs associated with systems installed and used exclusively by the City. In addition, both parties shall split the cost of electrical utilities associated with the Joint Use Facilities, as specified above. The District shall invoice the City for such costs on a quarterly basis, and the City shall pay such invoice within thirty (30) days of its receipt. 9. Effectiveness. This Agreement shall not take effect until approved by resolution of the City Council of the City of Seal Beach and the Board of Trustees of the Los Alamitos Unified School District. 10. Entire Agreement. This Agreement contains the entire agreement between the City e€Seal -Besets -and the - f the , _. Marsites Unified S-,.__, District, and shall not be modified in any manner except by an instrument in writing executed by both parties: hereto_ It supersedes and replaces any other verbal or written agreement by both parties relating to the Facilities at McGaugh Elementary School. S7296VWI\6866244686_<27 2 - 6 - Atm.: With wny to, n ....... 0GARDjdL-----LUj OF LOS ALAWTOS UNIFIED SCHOOL M8TR4CT- minicipal corporation DISTRICr S7296\0001\"6 -Q44§8§$" - 7 - S7296%OOOA6865274H0Z7 2 - 8 - AGREEMENT This agreement is entered into between the Los Alamitos Unified School District ("District") and the City of Seal Beach ("City"). This is a joint use agreement for community recreation programs pursuant to Education Code section 10910 so that the Los Alamitos Unified School District and the City of Seal Beach may provide for the use of the tennis courts and swimming pool located at the McGaugh School located in the City of Seal Beach. 1. This agreement is in lieu of any other agreement and supersedes all other prior agreements concerning the use of this property between the City of Seal Beach, the Seal Beach School District and/or the Los Alamitos Unified School District. 2. The term of this agreement is for ten years from August 1, 1987 to July 31, 1997, unless terminated pursuant to paragraph 9 of this agreement. 3. These facilities (tennis courts and swimming pool) are . owned by the Los Alamitos Unified School District and shall continue to be owned by District. There will be no transfer of ownership. _ 4. The City agrees to perform as follows: '- a. The City shall maintain the pool, its buildings and equipment and shall replace and repair any and all equipment in order that the pool is maintained in a satisfactory and useable condition. r P b. The City Shall maintain the tennis courts. C. The City shall provide for the routine maintenance of the facilities including but not limited to, janitorial services, landscape maintenance, and repair. 1 38pg 87 d. The City shall, at its own expense, rake the facilities adequate to use and shall maintain and repair them. e.. The City will provide separate meters for gas, electricity and water and the City shall pay all utility bills. f. The City shall provide liability insurance and property damage insurance for the equipment to cover the District and shall name the District as an additional insured. The City will provide District with either proof of self insurance coverage in the amount of not less than $1,000,000.00, or with a policy of public liability and personal property insurance in an amount of not less than $1,000,000.00. 5. The District agrees to perform as follows: a. The District shall pay and provide property damage insurance for facilities covered by this agreement. 6._ The City shall have priority use of the pool and tennis courts and shall be responsible to schedule the use of the pool and tennis courts. 7. The City will provide necessary supervision to assure proper control over activities and patrons while the City is in charge of the facilities. The City shall be responsible for r providing such personnel, equipment and supplies as may be r - necessary for the proper conduct of its programs and activities. The City is not obligated to provide supervision of school district activities. -2- 8. No alterations or improvements other than repair or replacement shall be made to the facilities by the City except those to which the City and District mutually agree by execution of a separate written agreement providing for the construction and use of such alterations or improvements. 9. In the event the District identifies that the facilities in this agreement are needed for educational purposes, the District will provide a one year notification to the City of Cancellation of this agreement. Such cancellation would be for the purpose of the District scheduling its educational needs and the District may enter into an agreement with the City for a joint use with the City for the same use of the recreational facilities at that time. The City may terminate this agreement by providing a one year notification to the District of termina- tion of this agreement. 10. Neither party is relying upon any oral representations. All the terms of this agreement are incorporated in this written document. Any modification of this written agreement must be in writing. DATE: Y-,24- F'7 DATE: 3177 i1 LOS A7.46,MITOS UNIFIED SCHOOL DISTRICT, Orange County r CITY OF SEAL BEACH,a--m icipal corporation -3- FACILITY USE AGREEMENT — McGaugh Elementary School Los Alamitos Unified School District, hereinafter referred to as "District," and the City of Seal Beach, hereinafter referred to as "City", do hereby, this _ day of_ 2002, enter into the following Facilities Use Cooperation Agreement. WITNESSETH: WHEREAS, the District and the City wish to enter Into an agreement to accomplish the coordination and improvement of school facilities ("Facilities') on property owned by the District at McGaugh Elementary School; and WHEREAS, the two public agencies intend to coordinate their efforts for the maintenance and scheduling of the school facilities. NOW, THEREFORE, rf IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. Duration. The duration of this Agreement shall be for a period of ten (10) years, until June 30, 10f1. and can be renewed by mutual agreement or unilaterally terminated. This agreement will remain active until either party initiates a renewal or termination written notification with at least 90 days notice after the initial 10 year period has expired. 2. Purpose. The purpose of this Agreement is to establish an arrangement under which the District and the City will cooperate in the use, scheduling and maintenance of specific Facilities upon land situated at McGaugh Elementary School. 3. Facility Use. Facility scheduling shall be administered by the City or by a mutually agreed upon agent and approved by the District. The City will share scheduling and revenue/cost information with the District by access to a common accounting and scheduling system. Quarterly reviews will be scheduled between the City and the District to analyze scheduling and fiscal receipts. A separate schedule of costs, cost sharing and charges Is attached. The District Board will update the schedule of charges on a regular basis. Charges for the use of the Facilities will be provided by the District on a separate schedule and implemented by the City or designated scheduling agency. Both parties agree to charge equal amounts for similar activities and L USD - McCm jh Fuihty UN Apemnent-cwex.".._xm+n" a.n !w'� Pne l "f 2 to coordinate the scheduling of non -school hour events by mutual agreement. Both parties agree to implement a revenue sharing schedule of fees related fiscal receipts. M ". 1. Cy. The City shall have access and use of the Facilities at all times. Nothing in this paragraph shall prevent the District from refusing access to the Facilities during an emergency or necessary maintenance operations. The District may also schedule the Facilities for exclusive use up to FIVE (5) times per year by notifying the City or scheduling agent three (3) weeks in advance. 2. District Charges: The L7tyshall pay such charges on a monthly basis. 3. in 4. Dangerous conditions: Both Parties shall have the responsibility to inspect the Facilities for dangerous conditions of property prior to that party's use in accordance with tirls Section to ensure the property is safe for use. Dangerous conditions shall be repaired or adequate warning signs shall be installed before use. JOINT USE FACILITIES: a. Di ri . The District shall have use and control of the Facilities from 7:00 a.m. to 4:00 p.m. on school days. The District may also schedule the Facilities for exclusive use up to ten (10) times per year by notifying the City or scheduling agent three (3) weeks in advance. For up to 6 months each year (Basketball season), the district will have extended hours until 8:00 p.m during school days. Th$ district will notify the City of this time each year (3) months in advance. The district will also notify the City as early as possible of facility availability within these times for additional City use. b. Qty. The City shall have access and use of the Facilities at all times other than those times reserved for District use. Nothing in this paragraph shall prevent the District from refusing access to the Facilities during an emergency or necessary maintenance operations. c. Changes. Any request for a schedule change shall be in writing and shall be forwarded to the City or scheduling agent three (3) weeks prior to the intended usage date. d. Inspection. Both Parties shall have the responsibility to Inspect the Facilities for dangerous conditions of property prior to that party's use in accordance with this Section to ensure the property is safe for use. Dangerous conditions shall be repaired or adequate warning signs shall be installed before use. e. Charges. The City, or the scheduling agency, will charge and collect fees for use of the Facilities in accordance with District policy and based on the District schedule of charges, which shall Include a utilities component to reimburse the agencies for their utilities costs, and will use the definition of user groups in the schedule as the guideline for establishing charges. [ USO- Md»ugh Facility Uu Fye2M2 Fee Allocation: All fees or funds collected from user groups in accordance with Paragraph E (3.e. Charges) of this Section shall be placed by the City into a separate financial account, except for utility charges, which are collected to offset the district utility costs. Quarterly reviews will be scheduled as stipulated in Part 3 above. Before July 30 of each year, all funds in the account shall be divided equally between the City and District and distributed to the parties along with an itemization showing the source of the funds. The parties agree to use the fund distribution for expenses related to Item 4 below as a priority. No expenditures can be incurred from said fund without mutual agreement except for the end of year fifty percent (50%) distribution. 4. Maintenance of Facilities and Grounds. The City and the District will cooperatively work to enhance the safety, maintenance and playability of the Facilities as approved by both parties. The District reserves the right to implement improvements to the Facilities that do not damage the utilization as specified in this agreement. DISTRICT: The District shall be responsible for the following: a. The District shall be responsible for a pro -rated percentage of the electrical casts associated with the gym, based on usage time. b. for ovm maintenance and c%anino� c. Resoons/b/l/ty for ovm repair and replacements? CITY: The City shall be responsible for the following: a. The City shall be responsible for all electrical utility costs related to the tennis an2l pool facility lighting system; b. The City shall be responsible for the total (100%) of all water, gas and electrical utility costs associated with the Pool and Tennis Facilities. c. The City shall be responsible a pro -rated percentage of the electrical costs associated with the gym, based on usage time. d. The City will collect garbage and maintain the cleanliness of the Facilities at times under the City's use or control. e, RespansWity for intenancg and cleanino� f. ResDonsibilityfor ovmrepair and reDlacemenCs� g. Portable restrooms will be placed in a District designated location for specified events and activities as directed by the District. The City will be responsible for scheduling, installing, locking and cleaning the portable restroom facilities. MAINTENANCE IN THE EVENT OF DEFICIENCY: If either party fails to comply with the maintenance obligations outlined in this Section, the other party may request full performance by written notice. If the facility is not maintained in accordance with the standards provided in this Agreement within five (5) working days after the mailing of the notice, the other party has the right, but not the duty, to perform the maintenance to such standards and recover the direct cost of such maintenance by invoice L USD - M.G.gh F-61-1 U. AgrtemmtPMe3 of3 submitted to the noncomplying party. Such Invoice shall be paid within thirty (30) days from the date the invoice was mailed. 5. Construction of Improvements. A. Improvements. Any necessary improvements of the single use fadl/ties (tennls courts and pool) wl/l be mutually agreed upon prior to construction, fie oty shall provide labor and materials for the following Improvements to the fadllbes as agreed upon for which construction shall be committed prior to June 30, Z---: B. ---------- —----------------------------- -- -- In order to complete the improvements in a timely manner, the District shall provide the City, and any contractors authorized by or employees of the City, access to the School for construction related purposes at reasonable hours mutually agreed by the Parties. City and contractors must comply with District regulations regarding access and personnel presence on campus and the District regulations pertaining to such access. C. Ownership of Improvements. The facility Improvements installed or constructed by the City shall become the property of the District, provided, however, that the City shall have the option, but not the obligation, to request a waiver of this clause prior to installation or construction and remove the improvement upon the expiration or termination of this Agreement so long as the Cio restores the property on which the improvements were installed or constructed to its original condition. If this Agreement is terminated, cancelled, or expired for any reason, the City shall not be entitled to a reimbursement of any costs expended for the improvements provided in this Section. D. Additional Imorovements By District. Nothing in the Agreement shall prevent the District from installing, at Its own expense and discretion, other Improvements to Facilities so long as such Improvements do not interfere with the City's use of the Facilities as provided herein. ownership and control of such additional Improvements shall remain with the District, and the District party may remove the same at any time. 6. Liability Insurance. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for Its own negligent acts or omissions, or those of its officers, agents, elected officials, or employees to the fullest extent required by the law, and agrees to save, indemnify, defend and hold the other party harmless from any such liability. In the case of negligence of both the District and the IAUSD- MCGwgh Fuility Uw AWe tPW4 ofa City, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party In proportion to the percentage of negligence attributable to the other party. This Indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this Agreement. 7. District Improvements. The District may install additional or improved lighting, sound systems, score boards, portable bleachers, or other needed equipment or facilities, of adequate and safe design, as approved by the school district board. Ownership and control shall remain with the District, and the District party may remove the same at any time. 8. Utility Costs. fie City shall separately meter and pay all electrical, gas and water utility costs associated w/bh systems installed and used exclusively by the City. In addition, both parties shall split the cost of electrical utilities associated with the Joint Use Facilities, as specified above. fie District shall invoice the Gty for such costs on a quarterly basis, and the Gty shall pay such Invoice within tirirty (30) days of its receipt. 9. Effectiveness. This Agreement shall not take effect until approved by resolution of the City Council of the City of Seal Beach and the Board of Trustees of the Los Alamitos Unified School District. 10. Entire Agreement. This Agreement contains the entire agreement between the City of Seal Beach and the Board of Trustees of the Los Alamitos Unified School District, and shall not be modified in any manner except by an instrument in writing executed by both parties. It supersedes and replaces any other verbal or written agreement by both parties relating to the Facilities at McGaugh School. BOARD OF TRUSTEES, LOS ALAMITOS UNIFIED SCHOOL DISTRICT CITY COUNCIL, CITY OF SEAL BEACH, CALIFORNIA I USD- Mccaugh FRdHty Uea PW 5of5 I A G R E E H E N T 1 THIS AGMEKENT, made and entered into this 23rd day of DECEMBER i 2 1964 , by and barmen the SEAL BEACH SCHOOL DISTRICT OF ORANGE COUNTY. hereinafter 3 referred to as DISTRICT and the MIT OF SEAL BEACH, hereinafter referred to as CIM 4 WHEREAS.. the DISTRICT will construct in the neer future a swimming POOL 5 facility on the promises of the S. H. H.Gaugh Intermediate School, which school is 5 within the boundaries of the CITY. and 7 WHEREdS, pursuant to the authority contained in Sections 16651 to 16664 B inclusive of the Education Code of the State of California, the DISTRICT and CITY H dealt. to enter into an agreement for community recreation and more specifically for 10 the sharing of costs in the installation and operation of said swimming pool facility, 11 NOW, THEREFORE. in consideration of the mutual eovananto herein eon rained 12 DISTRICT and CITY do mutually agree as follows: 13 1. DISTRICT shall enter into contracts for the design of the pool and 14 facilities therefor and the oenatructton thereof, subject to the 15 limitations hereinafter at forth. 15 Prior to letting a contract or contract. for the construction Of the pool, 17 DISTRICT shell submit the proposed plans and specifications for said pool 18 and facilities to the CITY for approval by the CITY, which approval shall 19 be a condition precedent to the letting of such contract or contracts. 20 The contract or contract. for construction of the pool and facilities 21 shall be in accordance with general bidding Procedure. as required and 22 directed by the Education Code of the State of California; provided, 23 however, that prior to the awarding of such contract or contracts by the 24 DISTRICT, the approval by CITY of the bid and contract document or 25 doemen is must first be obtained. 26 2. CITY agrees to reimburse DISTRICT fifty per cant (30%) of the coat of 27 construction of swimming pool and its facilities and for fifty per cent 28 (50%) of the arehitactual and engineering fess for the plans and 29 specification.. including ..at of advertising for bide for said pool. 30 Namimem total participation for either DISTRICT or CITY vbell be an mount 31 not greater than 850.000. 32 CITY shall so reimburse DISTRICT by Paytng me mount equivalent to fifty -1- 1 per amt (30%) a4 the total charges as such chargee periodically 2 come due in accordance with the contract documents between DISTRICT 3 and the architects and contractors. CITY shall metra such periodical 4 payments on the let day of the succeading month after which the 5 DISTRICT has furnished certified evidence of the payment of such casts. 6 3. Upon completion of the construction of the peel and facilities, 7 DISTRICT shall have the right to use the same during the regular 6 school day and year for general school purposes and the CITY shall 6 have the right to use the same for such recreational programs as CITY 30 may desire during Police% vacations, evenings and sumer periods. 11 lath of the parties hereto will assume the total coat of the super - 12 visory personnel necessary to their own particular progr em o. 13 activities. 14 4. Upon ccmpiatim o4 the construction of the pool and facilities, CITY 15 have the primary responsibility for the routine maintenance and 16 care of said pool. The term "routine maintenance" shall include. but :are 17 is net necessarily limited to, charging the chlorine Lanka, adding soda 16 ash, minor repairs to all heating, g, pumptng, filtering and electrical 18 egaipmmt, vaowiming pool, begin, off dcake, cleaning filter room, 20 adjusting chlorinator and soda ash feeder, and maintaining a clean and 21 order%r pool area. 22 The employees to be used in so maintaining said pool shall be employee 23 04 the CITY and paid by the CITY. 24 S. CITY shall have the primary responsibility for axem•ozdinery maintenance 25 of the pool and facilities. The term "extraordinary mainenna nee" shell 26 include, but is not necessarily limited to, the replacmmt of worn or 27 broken pumps and filters, repainting or coating o4 pool, replacement of, 26 diving boards, repairing electric, gag, and Pmpin, system, repairing•, p" 2B IA",�1 fractured pool walla and decks. District and City shall share 30 equally in the cost of all trordinary maintenance costs. exa 1 1 lxoept to the aria of en operational mar gency, CITY ebell first obtain 31 the consent of DISTRICT to eapandf.turae for such extraordinery maintenance. 32 lil� �' j 6. DISTRICT shall furnish and pay for all utilities necessary in the operation -2- 1 2 3 4 5 6 7 5 9. 30 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the pool. The .ern "utllitiee" shall include electricity, including electrical power used in the operation of pumps and filter ¢yet.. Oa. far heating polo, end sanitation charges, including cost of trash plck- up. 7. CITY shall pay the total east of water necessary in the operation of the pool. 8. DISTRICT shall pay for all insurance necessary to the operation of the pool. In thin connection, it is ¢grand that both DISTRICT and CITY shell be insured against possible liability in an movmt to be agreed upon by the parties hereto. 9. DISTRICT and CITY nhall share equally in the cost of all chemicals required in the oparation of the pool. On or before January 1st of each year, CITY stall furnish DISTRICT with a certifiad itemized statement of all chemical coats and DISTRICT shall reimburse CITY for its one-half share thereof within thtrty (30) days after receipt of such statement. 10. It to mutua l.ly agreed by the parties hereto that the operational metntenance vast items as heretnfora set forth in paragraphs 4,6. 7, S 6 9 can only be estimated at this time{ therefore, as of the let day of September each your, commencing with the lot day of Septmbar, 1965. "all of the parties berate alall present to the other a certified statement of the coat. incurred by said party in connection with the afar... id patsgrapha 4, fi, 7, 0 n 9, during the immadlataly prior floral ya r epoing June 30. said cools An contained in such certified etatecanta shall then be reviewed and adjusted to reflect the total operational maintenance cost of cha pont will faeilitiea. it to Agreed net the DllTRICT share thereof .1.11 amount to slaty five per rant (65;) rhereof and the CITY'S .bare thereof shall mount to thirty five par cent (,35;) thereof. On or before the 15th day of December n£ each year comvaocing vith the 15th day of December, 1964, the parties shall than make a cash adjustment hatween Chem.olvos to reflect A 65;-35; allocation. 11. In the event that any, fees or admlae:ms are charged for the use of the pool and facilities, said foes end/or ".lesions willbe shared aqunlly 3 . 1 2 3 4 5 6� 7 B 9 l0 11 12 13 14 1 101 ll 18 19 20 21 22 23 24 25 26 27 28 29 SO 31 32 between OISTAIC2 end CITY and Buell be taken into account at the rise Of making the Cash adjustment beratofmo provided for in paragrapb 10- 12. It is emtually agreed that CM shall lura the uea, and the DISTRICT doer haraby grant W CITE the us , Of said pool and fmilicime as herein provided for a period of set Wo than twenty-five (25) years commencing upon ccmPletiam of said pool and facilities. This agreement may and sba11 not be oencallad, ter: Insted, or rescinded except to the following imtuncas and on the folloming conditions oxrept by mutual consanC: a. 0.strict say elect to cancel, terminate, and rescind this agrement upon giving City ninety (90) days written notice, and by paying City a eum aqui"Lant to 83,000 for arch remaining year of the tt ty•five (25) year tarn. b. City may elect to terminate and rescind this agreement upon giving District ninety (90) days written notice. In this want City olull have no further claim for tho use of said pool and facilities and .hull be relieved of all further costs in connective therewith. la an Nene may sithor party Centel, torming". ar rescind this agreement Prior W the time the p+ol and facilities are constructed mad paid far as herainabove provided. IN NITM99 bllCAiny, the partiea hereto have beraanto set their hands the day and year first hereinabove written. By -M SrAL MACH SCNWL DISTALCT Cy OrAM COWER, CaLIFUMIA a AGREEMENT THIS AGREEMENT, made and entered into this _day of by and between the SEAL BEACH SCHOOL DISTRICT OF'ORANGE COUNTY, hereinafter referred to as DISTRICT and the CITY OF SEAL BEACH, hereinafter referred to as CITY. WHEREAS, the DISTRICT will construct in the near future a swimming pool facility on the premises of the J. H. McGaugh Intermediate School, which school is within the boundaries of the CITY, and WHEREAS, pursuant to the authority contained in Sections 16651 to 16664 inclusive of the Education Code of the State of California, the DISTRICT and CITY desire to enter into an agree- ment for community recreation and more specifically for the sharing of costa in the installation and operation of said swimming pool facility, NOW, THEREFORE, in consideration of the mutual covenants herein contained DISTRICT and CITY do mutually agree as follows: 1. DISTRICT shell enter into contracts for the design of the pool and facilities therefor and the construction thereof, subject to the limitations hereinafter set forth. prior to letting a contract or contracts for the con- struction of the pool, DISTRICT shall submit the pro- posed plana and specifications for said pool and facilities to the CITY for approval by the CITY, which approval shall be a condition precedent to the letting of such contract or contracts. The contract or contracts for construction of the pool and facilities shall be in accordance with general bidding procedures as required and directed by the Education Code of the State of California; provided, - 1 - however, that prior to the awarding of such contract or contracts by the DISTRICT, the approval by CITY of the bid and contract document or documents must first be obtained. 2. CITY agrees to reimburse DISTRICT fifty per cent (501) of the cost of construction of swimming pool and its facilities and for fifty per cent (50%) of the archi- tactual and engineering fees for the plane and specifications, including coat of advertising for bids for said pool. Maximum total participation for either DISTRICT or CITY shall be an amount not greater than $50,000. CITY shall so reimburse DISTRICT by paying an amount equivalent to fifty per cent (501) of the total charges as such charges periodically come due in accordance with the contract documents between DISTRICT and the architects and contractors. CITY shall make such periodical payments on the let day of the succeeding month after which the DISTRICT has furpished certified evidence of the payment of such costs. 3. Upon completion of the construction of the pool and facilities, DISTRICT shall have the right to use the some during the regular school day and year for general school purposes and the CITY shall have the right to use the same for such recreational programs as CITY may desire during school vacations, evenings and summer periods. Each of the parties hereto will assume the total cost of the supervisory personnel necessary to their own particular program of activities. - 2 - 4. Upon completion of the construction of the pool and facilities, CITY shall have the primary responsibility for the routine maintenance and care of said pool. The term "routine maintenance" shall include, but it not necessarily limited to, changing the chlorine tanks, adding sods ash, minor repairs to all heating, pumping, filtering and electrical equipment, vacuuming pool, hosing off decks, cleaning filter room, adjusting chlorinator and soda ash feeder, and maintaining a clean and orderly pool area. The employees to be used in so maintaining said pool shall be employees of the CITY and paid by the CITY. 5. CITY shall have the primary responsibility for extra- ordinary maintenance of the pool and facilities. The term "extraordinary maintenance" shall include, but is not necessarily limited to, the replacement of worn or broken pumps and filters, repainting op. coating of pool, replacement of diving boards, repairing electric, gas, and pumping systems, repairing fractured pool walls and decks. Except in the case of an operational emergency, CITY shall first obtain the consent of DISTRICT to expendi- tures for such extraordinary maintenance. 6. DISTRICT shall furnish and pay for all utilities necessary in the operation of the pool. The term "utilities" shall include electricity, including electrical power used in the operation of pumps and filter system, gas for heating pools, and sanitation charges, including coat of trash pick-up. 7. CITY shall pay the total coat of water necessary in the operation of the pool. 3 - 8. DISTRICT shall pay for all insurance necessary in in the operation of the pool. In this connection, it is agreed that both DISTRICT and CITY shall be insured against possible liability in an amount to be agreed upon by the parties hereto. 9. DISTRICT and CITY shall share equally in the cost of all chemicals required in the operation of the pool. On or before January lst of each year, CITY shall furnish DISTRICT with a certified itemized statement of all chemical costa and DISTRICT shall reimburse CITY for its one-half share thereof within thirty (30) days after receipt of such statement. 10. It is mutually agreed by the parties hereto that the operational maintenance cost items as heretofore set forth in Paragraphs 4, 6, 7, 8 6: 9 can only be estimated at this time; therefore, as of the 1st day of September each year, commencing with the 1st day of September, 1965, each of the parties hereto shall present to the other a certified statement of the costs incurred by said party in connection with the aforesaid Paragraphs 4, 6, 7)8 87�-r—.9�5, Said costa ae contai ed in such certified statements shall then be reviewed and adjusted to reflect the total operational maintenance cost of the pool and facilities. It is agreed that the DISTRICT share thereof shall amount to sixty five per cent (65%) thereof and the CITY'S share thereof shall amount to thirty five per cent (35%) thereof. 0n or before the 15th day of December of each year commencing with the 15th day of December, 19W, the parties shall then make a cash adjustment between themselves to reflect a 657.-35% allocation. 4 - 11. In the event that any fees or admissions are charged for the use of the pool and facilities, said fees and/or admissions will be shared equally between DISTRICT and CITY and shall be taken into account at the time of making the cash adjustment heretofore provided for in paragraph 10. McGaunh School Revenue/Expenses These Programs do not include professional staff time in expenses. AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the SEAL BEACH SCHOOL DISTRICT OF ORANGE COUNTY, hereinafter referred to as DISTRICT and the CITY OF SEAL BEACH, hereinafter referred to as CITY. WHEREAS, the DISTRICT will construct in the near future a swimming pool facility on the premises of the J. H. McGaugh Intermediate School, which school is within the boundaries of the CITY, and WHEREAS, pursuant to the authority contained in Sections 16651 to 16664 inclusive of the Education Code of the State of California, the DISTRICT and CITY desire to enter into an agree- ment for community recreation and more specifically for the sharing of costs in the installation and operation of said swimming pool facility, NOW, THEREFORE, in consideration of the mutual covenants herein contained DISTRICT and CITY do mutually agree as follows: 1. DISTRICT shall enter into contracts for the design of the pool and facilities therefor and the construction thereof, subject to the limitations hereinafter set forth. Prior to letting a contract or contracts for the con- struction of the pool, DISTRICT shall submit the pro- posed plans and specifications for said pool and facilities to the CITY for approval by the CITY, which approval shall be a condition precedent to the letting of such contract or contracts. however, that prior to the awarding of such contract or contracts by the DISTRICT, the approval by CITY of the bid and contract document or documents must first be obtained. 2. CITY agrees to reimburse DISTRICT fifty per cent (50%) of the cost of construction of swimming pool and its facilities and for fifty per cent (50%) of the archi- tectual and engineering fees for the plans and specifications, including cost of advertising for bids for said pool. Maximum total participation for either DISTRICT or CITY shall be an amount not greater than $50,000. CITY shall so reimburse DISTRICT by paying an amount equivalent to fifty per cent (50%) of the total charges as such charges periodically come due in accordance with the contract documents between DISTRICT and the architects and contractors. CITY shall make such periodical payments on the let day of the succeeding month after which the DISTRICT has furpished certified evidence of .the payment of such coats. 3. Upon completion of the construction of the pool and facilities, DISTRICT shall have the right to use the same during the regular school day and year for general school purposes and the CITY shall have the right to use the same for such recreational programs as CITY may desire during school vacations, evenings and summer periods. Each of the parties hereto will assume the total cost 4. Upon completion of the construction of the pool and facilities, CITY shall have the primary responsibility for the routine maintenance and care of said pool. The term 'routine maintenance" shall include, but it not necessarily limited to, changing the chlorine tanks, adding soda ash, minor repairs to all beating, pumping, filtering and electrical equipment, vacuuming pool, hoeing off decks, cleaning filter room, adjusting chlorinator and soda ash feeder, and maintaining a clean and orderly pool area. The employees to be used in so maintaining said pool shall be employees of the CITY and paid by the CITY. 5. CITY shall have the primary responsibility for extra- ordinary maintenance of the pool and facilities. The term 'extraordinary maintenance" shall include, but is not necessarily limited to, the replacement of worn or broken pumps and filters, repainting o; coating of pool, replacement of diving boards, repairing electric, gas, and pumping systems, repairing fractured pool walls and decks. Except in the case of an operational emergency, CITY shall first obtain the consent of DISTRICT to expendi- tures for such extraordinary maintenance. 6. DISTRICT shall furnish and pay for all utilities necessary in the operation of the pool. The term "utilities" shall include electricity, including electrical power used in the operation of pumps and filter system, gas for heating pools, and sanitation chargee, including cost of trash pick-up. 8. DISTRICT shall pay for all insurance necessary in in the operation of the pool. In this connection, it is agreed that both DISTRICT and CITY shall be insured against possible liability in an amount to be agreed upon by the parties hereto. 9. DISTRICT and CITY shall share equally in the cost of all chemicals required in the operation of the pool. on or before January let of each year, CITY shell furnish DISTRICT with a certified itemized statement of all chemical coats and DISTRICT shall reimburse CITY for its one-half share thereof within thirty (30) days after receipt of such statement. 10. It is mutually agreed by the parties hereto that the operational maintenance cost items as heretofore set forth in Paragraphs 4, 6, 7, 8 & 9 can only be estimated at this time; therefore, as of the 1st day of September each year, commencing withthe let day of September, 1965, each of the parties hereto shall present to the other a certified statement of the costs incurred by said party in connection with the aforesaid Paragraphs 4, 6, 7 a 8� 44 d„w,,,,,,� Aja- 30. ja- 3 0. Said coats ae contai ed in such certified statements shall then be reviewed and adjusted to reflect the total operational maintenance cost of the pool and facilities. It is agreed that the DISTRICT share thereof shall amount to sixty five per cent (65%) thereof and the CITY'S share thereof shall amount to thirty five per cent (35%) thereof. nn nr hefnre the 15th day of necember of each vear 11. In the event that any fees or admissions are charged for the use of the pool and facilities, said fees and/or admissions will be shared equally between DISTRICT and CITY and shall be taken into account at the time of making the cash adjustment heretofore provided for in Paragraph 10. AO.RSEH9NT THIS AGRESt1ENT. made and entered into this 23rd day of DECEMBER .1964 , by and between the SEAL .BEACH SCHOOL DISTRICT OF ORANGE COUNTY, hereinafter referred to as DISTRICT and the CITY OF $XAL BEACH, hereinafter referred to as CITY. WgRSAS.,.,the DISTRICT will construct in the near future a swimming pool facility on the Premises of the J. H. HaGaugh Intermediate School, which school is within the boundaries of the CITY, and WHEREAS, pursuant to the authority contained in Sections 16651 to 16664 Inclusive of the Education Code of the State of California, the DISTRICT and CITY desire to enter into an agreement for community recreation and more specifically for the sharing of costs in the installation and operation of said swimming pool facility, NOW, THEREFORE, in consideration of the mutual covenants herein contained DISTRICT and CITY do mutually agree as follows: 1. DISTRICT shall enter into contracts for the design of the pool and facilities therefor and the construction thereof, subject to the limitations hereinafter set forth. Prior to letting a contract or contracts for the construction of the pool, DISTRICT shall submit the proposed plane and specifications for said pool and facilities to the CITY for approval by the CITY, which approval shall be it condition precedent to the letting of such contract or contracts. r The contract or contracts for construction of the pool and facilities shall be in accordance with general bidding procedures as required and directed by the Education Code of the State of California) provided, however, that prior to the awarding of such contract or contracts by the DISTRICT, the approval by CITY of the bid and contract document or documents must First be obtained. 2.CITY agrees to reimburse DISTRICT fifty per cent (5o%) of the coat of construction of swimming pool and its facilities and for fifty per cent (507,) of the arahitectual and engineering fees for the plane and per cant (50%) of the total charges as such charges periodically comas due in accordance with tike contract doctwonts between DISTRICT and the architects and contractors. CITY shall maks such periodical payments on the Lot day of the succeeding month after which the DISTRICT tine furnished certified evidence of the payment of ouch conte. 3. Upon completion of the construction of the pool and facilities. DISTRICT shall have the right to use the same during the regular school day and year for general school purposes and the CITY shall have the right to use the owns for such recreational programs as CITY may, desire during school vacations, evenings and monomer periods. Bach of the part1.es berate will assume the total coat of the super- visory personnel necessary to their own particular program of activities. 4. Upon completion of the construction of the pool and facilities. CITY shall have the primary responsibility for the routine maintananca and sass of said pool. The term 'routine maintenanca" shall include, but is not necessarily limited to, changing the chlorine tanks, adding soda ash, minor repaire to all hosting, pumping, filtering and electrical equipment, vaeuuming pool, hosing off docks, cleaning filter room, , adjusting chlorinator and suds, ash feeder., and maintaining a clean and orderly pool area. The employees to be used in so maintaining said pool aball be employees of the CITY and paid by the CITY. 5. CITY shall have tits primary responsibility for extraordinary maintenance of the pool and facilities. The term `extraordinary maintanance" shall *Delude. but is not necessarily limited too the replacement of worn or brokeh.pumps end filters, repainting or coating of pool, replacement of�'. r' diving boards, repairing electric, gas, and pumping system e, repairing 1' of the pool, 'Chs tam "utilities" shall include electricity, including electrical power used in the operation of pumps and filter system, gas for heating pools, and sanitation allergen, including cost of trash pick, up. 7. CITY shall pay the total coat of water necessary In the operation of the pool. g, DISTRICT shall pay for all insurance necessary in the operation of the pool. In this Connection, it is agreed that both DISTRICT and CITY Ghali be insured against. possible liability in an Amount to be Agreed upon by the portion hereto, 9. DISTRICT and CITY shall share equally in the cost of all chamicala rogatred In the operating of the pool. On or before January let of each year'>-CITY,shall furnish DISTRICT with a certified itemized statement of all chemical caste And DISTRICT shall reimburse CITY for its one-half share thereof within thirty (30) days after receipt of ouch statement. 10. It in mutually ASroed by the parties hereto that the operational maintenance asst Items no hatetofore not forth in ftragraphs 4.1. 7, S 6 9 am only be estimated at tills time( therefore, as of the lot day of September each year, commoneing with the lot day of September, 1965, each of the parties . hereto shall .present to the other a certified statement of the coots ineurrad by said party in connection with the aforesaid paragraphs 4, 6, 7, 0 6 9, during the immediately prior fiscal year ending June 30. Said oosts as contained in such certified Statements shall than be reviewed and adjusted to reflect the total operational maintenance coat of the pool and facilttlen. It is agreed that the DISTRICT share thereof shall Amount to sixty five per cent (6.3%) thereof and the CITY'S share thereof shall amount to thirty five per cent (35%) thereof. On or before the 15th day of December of each year conmeneing with the between DISTRICT and CITY and shall Us taken into account at the time of making the coati adjustment heretofore provided for in Paragraph 10. 13. It is mutually agtoad that CITY shall have the use, and the DISTeICT does hereby grant to CITY the use, of sold pool and facilities as herein provided for a period of not leas than twenty -Rive (29) years commencing upon c vipletion of said pool and facilities. This agreement may and shall not be cancelled, terminated, or rescinded except in the following instances aid on the following ccnditlint except by mutual consent; a. District may atect to cancel, terminate, and rescind this agreement upon giving City ninety (90) days written notice, end by paying City a sum equivelant to $2,000 for each ramoining year of the twsnty-five (29) year term. b. City may elect to terminate and rescind this agreement upon giving District ninety (40) days written notice. In this event City shell. stave ne further claim for the mat of cold pool and facilities and shall bo ralievsd of all further costa in Connection therewith. In no event may either party cancel, torminutu, or rescind title agreoment prior to the time the pool and facilities are ennatructed and paid for as herainabove provided. IN W1TNeSo (1dHRMY, the parties harwto Levu hereunto met: tbair hands the day and year first harainabovs written. Dy BYAL. BRICK XaOOL MSTRICT OF OrANOC CUIRM, CALIFORNIA