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HomeMy WebLinkAboutAGMT - Los Alamitos Unified School District (Seal Beach Tennis Center) INDIVIDUAL JOINT—USE AGREEMENT FOR SEAL BEACH TENNIS CENTER between. F SE AL gip :,;�pRPORq j so ST:3l. Q: C Bfq 2 0- "fps City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Los Alamitos Unified School District 10293 Bloomfield Street Los Alamitos, CA 90720 (562) 799 -4700 THIS INDIVIDUAL JOINT -USE AGREEMENT for the use of Seal Beach Tennis Center. ( "Tennis Center Agreement ") is entered into this 26th day of January , 2009, by and between the LOS ALA MITOS UNIFIED SCHOOL DISTRICT, a California public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California ( "District "), and the CITY OF SEAL BEACH, a California Municipal Corporation ( "City ") (collectively, the District and the City shall be referred to herein as the "Parties" and individually as a "Party "). 005591 00007/1108424v 5 • RECITALS A. WHEREAS, City is charged with the responsibility of providing public facilities for the purpose of leisure time and recreation activities and health enrichment for general public wellness and fitness; and B. WHEREAS, District is dedicated to a culture of high student achievement and integrity, where students thrive in a caring, respectful, and encouraging environment where they are physically and emotionally safe to focus on learning; and C. WHEREAS, tennis is a practical, accessible and lifelong sport critical to Los Alamitos High School's extracurricular goals; and D. WHEREAS, the courts at Los Alamitos High School are in disrepair and the Parties desire to work together to support a first -class competitive student athletic program; and E. WHEREAS, the Parties have mutual interest in the accomplishment of the following goals: 1. To provide wholesome, high - quality sports programming for youth; and 2. To provide a competitive high school tennis program to meet the recreation needs of the community; and 3. To ensure that children of all economic levels are provided with the opportunity to enjoy and have access to athletic programs and proper facilities; and 4. To ensure that operation of the community's tennis program is operated in the most responsible, cost - effective and efficient manner possible; and F. WHEREAS, the Parties wish to enter into an agreement to accommodate the District's use of the City's tennis courts ( "Tennis Courts ") on property owned by the City at its Seal Beach Tennis Center, located at 3900 Lampson Ave., Seal Beach, CA 90740, a description of which is set forth in Exhibit "A" of this Tennis Center Agreement and incorporated herein by this reference; and G. WHEREAS, the Parties have mutually agreed that this Tennis Center Agreement is subject to the Master Joint Use Agreement For Use of Shared Sites between the Parties dated October 14, 2008 (the "Master Joint Use Agreement "); 2 Of 5 1108424v5 • • AGREEMENT NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows: 1.0 CONTROLLING AGREEMENT. This Tennis Center Agreement is an Individual Joint Use Agreement as that term is defined in the Master Joint Use Agreement and is subject to all terms and conditions set forth therein. In the event that any provision in this Tennis Center Agreement conflicts with the Master Joint Use Agreement, the Master Joint Use Agreement shall prevail. 2.0 TERM OF AGREEMENT. The duration of this Tennis Center Agreement shall be for a period of 5 years from the date of execution and can be renewed by mutual agreement. Either Party may terminate this Tennis Center Agreement, without cause, upon providing written notice of termination to the other Party not less than 90 days prior to the effective date of termination. In no event shall the City terminate this Tennis Center Agreement within the respective team seasons referenced in Section 5.3 of this Tennis Center Agreement. 3.0 PURPOSE. The purpose of this Agreement is to provide for the Parties' cooperative use and scheduling of the Tennis Courts. 4.0 TENNIS COURT MAINTENANCE AND REPAIR. 4.1 City: The City shall be responsible for all routine and extraordinary maintenance of the Tennis Courts. 4.2 District. The District shall respect the other users of the Tennis Courts by requiring its employees and students to pick up after themselves and leave the premises in good condition. 4.3 Inspection.. Each Party shall inspect the Tennis Courts for dangerous conditions prior to its use of the property. If such inspection reveals, any dangerous conditions, that Party shall: (1) promptly notify the other Party of the existence of the • condition; and (2) refrain from using any portions the Tennis Courts affected by the dangerous condition until it is corrected. The City shall post adequate warning signs on the property. 5.0 TENNIS COURT USE AND SCHEDULING. 5.1. This District shall be allowed to use the Tennis Courts for District purposes, subject to this Tennis Center Agreement. The Parties shall each act in good faith to accommodate use of the Tennis Courts by the other Party in accordance with the terms of this agreement. The Parties shall meet on an annual basis to establish an annual schedule for the District's Use of the Tennis Courts. • 3 of 5 1108424v5 5.2. Tennis Court Closures. The City may in its sole discretion close the Tennis Courts to use by the public, the District, or anyone else. Whenever possible; the City shall provide the District with advance notice of any unscheduled closures. Closures will be kept to a minimum when Tennis Courts are in usable condition. Reasons for the closure of the Tennis Courts may include, but are not limited to, the following: 5.2.1 Scheduled or unscheduled maintenance, repair, or renovation of the Tennis Courts. 5.2.2 Any condition posing a threat to the public health, including but not limited to, heavy rains, dense fog, smog alerts, pesticide spraying, herbicide spraying, and natural disasters. 5.3 School Tennis Teams. City will allow the Los Alamitos High School Boys' and Girls' tennis teams and their coaches to use the Tennis Courts without charge during their respective seasons. Such use shall be for practice and /or tournaments, Monday through. Friday, in accordance with the schedule established pursuant to 5.3.1. The Girls' team season is currently August through November. The Boys' team season is currently February through May. 5.3.1 The Los Alamitos High School Athletic Director shall provide proposed schedules to the City's Tennis Center manager. The Tennis Center manager shall, at his /her sole discretion, establish all schedules and the number of courts available for team use. 5.3.2 The Los Alamitos High School Athletic Director shall provide the City with a roster of students and coaches entitled to use the Tennis Courts pursuant to this Section, and shall promptly notify the City of any changes to the roster or coaching staff. 5.3.3 All students and coaches entitled to use the 'Tennis Courts pursuant to this Section must present a valid Los Alamitos High School identification card and sign in at the Tennis Center office prior to use. 5.3.4 Students shall dress and act appropriately. The City may within its sole discretion revoke any student's privileges if he or she fails to act appropriately at the Tennis Center. 5.3.5 Either the Boys or Girls team coach shall be present at, and supervise the students, at all times the teams are using the Tennis Center. ' 4 of 5 1108424v5 • IN WITNESS WHEREOF, Los Alamitos Unified School District and the City of Seal Beach have entered into this Tennis Center Agreement as of the Effective Date. CITY OF SEAL BEACH, LOS ALAMITOS UNIFIED SCHOOL a,California Charter City DISTRICT, a California public school district By: C3 By . David Carmany y Patricia L. Meyer Seal Beach City Manager Assistant Superi ndent Bust \ ess Service APPROVED AS TO FORM: ATTESTED: By: By: at % ► Andre' ' . Chialtas, Esq. Li da Devine Atkinson, Andelson, Loya, Ruud & Romo City Clerk APPROVED AS TO FORM By: Quinn Barrow City Attorney 5 of 5 110842,4v5