HomeMy WebLinkAboutAGMT - Los Alamitos Unified School District (Use of Shared Sites) MASTER JOINT-USE AGREEMENT
FOR USE OF SHARED SITES
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City of Seal Beach
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Seal Beach, CA 90740
Los Alamitos Unified School District
10293 Bloomfield Street
Los Alamitos, CA 90720
(562) 799-4700
THIS MASTER JOINT-USE AGREEMENT FOR USE OF SHARED SITES
("Agreement") is made as of the 1st day of March, 2013 (the "Effective Date") by and between
the LOS ALAMITOS UNIFIED SCHOOL DISTRICT ("District"), a California public school
district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the California
Education Code and the CITY OF SEAL BEACH, a California charter city ("City").
Collectively, the District and the City shall he referred to herein as the "Parties" and individually
as a "Party".
RECITALS
A. California Education Code Section 10900 et seq. authorizes and empowers school
districts to cooperate with public agencies in organizing, promoting, and conducting joint
programs of recreation as well as education.
B. California Government Code Section 6500 et seq. (the "Joint Powers Law")
provides that two or more public agencies may, by agreement, jointly exercise any power
common to the contracting parties.
C. Pursuant to the Joint Powers Law, the District and the City are each a public
agency and are authorized and empowered to contract for the joint exercise of powers.
D. The District and City wish to share with each other the use of their separately
owned property (collectively "the Property") for the common general educational and
recreational objectives of the community and to jointly accomplish various projects related to the
improvement and use of the Property.
E. The purpose of this Agreement is to establish a framework setting forth the basic
terms applicable to the Parties' joint use of the Property. The District and the City acknowledge
that this Agreement is being entered into by each Party, as a courtesy between public agencies
and for the mutual benefit of each.
F. It is the desire of the District and the City, upon the express terms and conditions
set forth in this Agreement, to utilize the Individual Joint Use Agreements for the mutual benefit
and use of each party, pursuant to the terms set forth herein.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows:
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AGREEMENT
0.0 DEFINITIONS. For purposes of this Agreement, the following terms mean:
0.1 "Annual Committee": the committee created pursuant to Section 6.0 of this
Agreement.
0.2 "Donation": any gift, present, or contribution of any monetary value, including
those from user groups, except Government Grants, received by either party that is related to a
Site or its use pursuant to any Individual Joint Use Agreement.
0.3 "Government Grant ":a monetary grant from any local, state or federal
governmental entity.
0.4 "Individual Joint Use Agreement" or"IJUA": any separate agreement entered into
by the Parties to govern the joint use of a specific Site.
0.5 "Owner": the Party who owns a particular Site.
0.6 "Site": a specific property and its associated facilities subject to this Agreement.
1.0 CIVIC CENTER ACT. The District may identify any Site it owns as a "Civic Center"
pursuant to Education Code Section 38130 et seq. ("Civic Center Act"). Subsequent to
identification as a Civic Center, the use of any such Site must comply with the provisions of the
Civic Center Act to the extent the property is under the control of the District. To the extent
permitted by law, and regardless of whether the Site is designated as a Civic Center, the Parties
shall charge a fee for its use, as set forth in the Individual Joint Use Agreements, to organizations
or persons other than the Parties to cover expenses of the particular activity or service conducted
on the Site.
2.0 TERM OF THE MASTER JOINT USE AGREEMENT. This Agreement shall
commence upon the Effective Date, and remain in effect for five (5) years. The Parties may
upon mutual written agreement extend the term for an additional five (5) years. Each Individual
Joint Use Agreement shall be subject to the term of the Master Joint Use Agreement.
3.0 EARLY TERMINATION OF AGREEMENT.
3.1 In the event of unforeseen circumstances, either Party may terminate this
Agreement or any or all IJUA's upon six (6) months written notice to the other Party. For these
purposes, "unforeseen circumstances" means dire financial conditions for either Party, City or
District loss of revenue or funding, or the terminating Party's need for the exclusive use of the
facility or Site identified in the IJUA.
3.2 Notwithstanding the foregoing, in order to maximize any applicable Government
Grant fund requirements, the Parties may agree to extend or otherwise waive any termination
right, upon mutual approval by the Parties' respective governing boards. Any Party's application
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for any such Government Grant must be approved in advance by the other Party, which approval
shall not be unreasonably withheld.
3.3 Should the Master Joint Use Agreement be terminated, all IJUAs shall also
terminate simultaneously.
4.0 EMERGENCY NEED. Nothing in this Agreement or any IJUA shall limit either
Owner's right to make unlimited use of all or any portion of its Sites during an emergency. For
purposes of this Agreement, an emergency is any circumstance or event that the Owner deems to
pose an actual or potential danger to life or property.
5.0 INDIVIDUAL JOINT USE AGREEMENTS.
5.1 Descriptions of each individual joint use project are set forth in the IJUA's
attached hereto as Exhibit A. To the extent that any provision in any of the IJUA's conflicts with
any provision in this Agreement, this Agreement shall prevail unless modifications are mutually
agreed upon in each IJUA.
5.2 Upon the effective date of this Agreement, this Agreement shall govern the
following 1JUA's and property identified therein:
5.2.1 Individual Joint Use Agreement, No. I, for the Seal Beach Tennis Center.
5.2.2 Individual Joint Use Agreement, No. 2, for the MeGaugh Gymnasium.
5.2.3 Individual Joint Use Agreement, No. 3, for the McGaugh Pool and Tennis
Courts.
5.3 The Parties may enter into additional IJUA's, and any such IJUA's shall be
subject to all provisions in this Agreement as if expressly stated in that IJUA.
6.0 ANNUAL COMMITTEE. The Parties shall establish a committee to meet annually to
discuss issues regarding the Sites, this Agreement, and the IJUA's, including, but not limited to,
scheduling, repairs, and maintenance of the Sites. The committee shall be comprised of 6, 8 or
10 members, divided equally between the Parties, and appointed by the Party's respective
governing bodies. The District Superintendent and the City Manager or their respective
designees shall be ex officio members of the committee.
7.0 OWNERSHIP OF THE SITES, FACILITY, FURNISHINGS, AND EQUIPMENT.
7.1 Each Owner shall retain its existing ownership interest in and to its Sites and any
land, building, or improvement existing thereon as of the effective date of the applicable IJUA.
No past, present, or future use of any of the Sites pursuant to this Agreement shall be interpreted
as conveying any ownership or other property interests in any of the Sites.
7.2 Personal property, trade fixtures, furnishings, or equipment installed or placed on
a Site by a Party after the effective date of the applicable IJUA shall remain that Party's separate
property.
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7.3 Upon the expiration or termination of a IJUA, the Party who is not the Owner
shall remove from the Site its personal property, trade fixtures, furnishings, or equipment within
90 days or longer by mutual agreement of the parties or else such personal property, trade
fixtures, furnishings, or equipment shall become the sole property of the Owner. If a Party
removes any personal property, trade fixtures, furnishings or equipment from a Site of which it is
not the Owner, that Party must return to its original condition that portion of the Site affected by
such removal.
8.0 PROJECT FUNDING AND CAPITAL COSTS. The terms under which the joint use
of any Site is to fund and the terms for sharing any associated capital costs shall be set forth in
the applicable IJUA's.
9.0 DONATIONS. All Donations received specific to one of the parties site's under this
agreement, shall be used as deemed appropriate by the recipient. However, if the donation will
in any way affect the other parties' physical property or financially impact them in anyway, then
the acceptance and usage of the donation must be mutually agreed and accepted by both parties.
10.0 GOVERNMENT GRANTS. Any Government Grant received by either Party shall be
used in accordance with the terms and provisions of that grant.
11.0 IMPROVEMENTS. The City may make improvements to any Site owned by the
District in accordance with the conditions set forth in this Section.
11.1 The City shall be responsible for all costs associated with any improvements
unless otherwise determined and agreed to by the District and the City.
11.2 The District shall have the right to review and approve all project planning, design
and construction, and shall have final approval of all contracts and schedules related to any City
improvements.
11.3 The District's Board of Education must approve all building plans and
construction plans for every City improvement in advance.
11.4 The District's Superintendent must approve in advance all vendors and
contractors employed for City improvements.
11.5 All construction services for City improvements shall be performed by a properly
licensed architect, engineer, contractor, or inspector. All construction management services shall
be provided by a licensed contractor, architect or engineer, and shall comply with all public
works labor requirements, including the payment of prevailing wages, as required of school
districts under state law and as approved by the required State agencies.
11.6 All contractors and subcontractors, and their employees and agents who enter
onto the Site for any reason or at anytime subscribed herein, shall submit or have submitted their
fingerprints, without exception, as proscribed by Education Code Section 45125.1. Prior to the
issuance of keys to any third party, including contractors and sub-contractors, the District and the
City shall each require said third party, contractor or sub-contractor to acknowledge that he/she
has been informed that California Penal Code § 469 provides that any person who "knowingly
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makes, duplicates, causes to be duplicated, or uses," or attempts to do same, or possesses any key
to a public building, without authorization and with knowledge of the lack of such authorization,
is guilty of a misdemeanor; and that said third party, contractor or sub-contractor further
specifically acknowledges that he/she shall be responsible for any such duplication or
unauthorized use of said keys, whatsoever.
12.0 UTILITY COSTS. Utility costs for the IJUA's shall be shared as follows unless
otherwise specified in the IJUA's.
12.1 Electricity, Water, and Gas. Each Party shall pay a share of the electrical, water,
and gas actual usage for each Site in proportion to its use of the Site. The Owner of the Site shall
present the other Party with an invoice for electrical, water, and gas usage and such invoice must
be paid within thirty(30) days of receipt.
12.2 Telephone. Each party shall be responsible for its separate use of telephone
service provided to the Sites and pay such utility bills directly to the service provider.
12.3 Trash. Each Owner shall be responsible for collection of garbage at its Sites.
13.0 MAINTENANCE. Cleaning, repair, maintenance, and all other custodial services for
the Sites shall be shared in accordance with the applicable provisions set forth in the IJUA's.
14.0 USE SCHEDULING. The City shall, in conjunction with the District, develop and
administer the scheduling for use of the Sites unless otherwise mutually agreed in the applicable
IJUA.
15.0 USE OF SITES.
15.1 Each Site shall be used to the maximum extent possible for both school and
community purposes to the extent that such does not interfere with the Owner's schedules for
maintenance, repair, or use of the Site, which schedules shall have priority over any use of the
Site by the Party who is not its owner.
15.2 The Parties shall utilize the Sites in conformance with all applicable Federal,
state, and local laws, as well as any applicable administrative regulations and policies adopted by
either Party.
15.3 The Parties shall hold any third party user who fails to comply with established
guidelines liable to pay for all damages caused thereby to the Site.
15.4 Disputes under this section shall be resolved pursuant to Sections 24.2 and 24.3 of
this Agreement.
15.5 Advertising on any Site shall be in accordance with the policies established by the
Owner's governing body.
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16.0 FIELD USE; PRIORITY, ALLOCATION, FEES, AND PERMITS. The use of any
fields owned by the District shall be subject to the District's Schedule of Charges, Field Use, and
Field Schedule, which shall be subject to annual review and revisions.
17.0 INDEMNIFICATION.
17.1 No Party or any of its officers, agents, volunteers, contractors, or employees shall
be responsible for any damage or liability occurring by reason of any acts or omissions on the
part of another Party under or in connection with any obligation delegated to the Parties under
this Agreement. Each Party shall indemnify, defend and hold harmless the other party, its
officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense
(including reasonable attorneys' fees and other defense costs), or claims imposed for damages of
any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or
property damage occurring by reason of any acts or omissions on the part of the Party's own
officers, agents, contractors, or employees under or in connection with any obligation delegated
to such Party under this Agreement. This indemnity shall survive termination of this Agreement.
17.2 Each Party agrees to require all third party organizations that it authorizes to use
or enter the Site, to execute a document stating the following:
[Name of Organization] agrees to hold harmless, defend, and indemnify the Los
Alamitos Unified School District and the City of Seal Beach, their respective
Board members, agents, officers, employees and representatives against all
actions, claims, or demands for injury, death, loss or damages, regardless of fault
or cause, by anyone whomsoever (except where such injury, death, loss, or
damage was solely due to the willful acts or omissions of the Los Alamitos
Unified School District and the City of Seal Beach, and/or their respective Board
members, agents, officers, employees and representatives), whenever such injury,
death, loss, damage or claim is a consequence of or arises out of the use of or
access to the Site known as [name of Site], by [name of organization] or its
agents, officers, employees and representatives.
17.3 Tort Liability. Government Code Section 895.2 imposes certain tort liability
jointly upon public agencies solely by reason of such public agencies being parties to an
agreement as defined in Government Code Section 895. Therefore, the Parties hereto, as
between themselves, pursuant to the authorization contained in Government Code Sections 895.4
and 895.6, each assumes the full liability imposed upon it or any of its officers, agents,
representatives or employees by law for injury caused by a negligent or wrongful act or omission
occurring in the performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Party
indemnifies and holds harmless the other Party for any loss, cost, or expense, including
reasonable attorneys' fees that may be imposed upon or incurred by such other Party solely by
virtue of Government Code Section 895.21.
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18.0 INSURANCE.
18.1 General Insurance Requirements: For each of the IJUA's, without limiting the
indemnification provision and during the term of this Agreement, the Parties shall provide and
maintain, and shall require their subcontractors to maintain, the insurance programs set forth in
this Section. Each Party's insurance shall be primary to and not contributing with any other
insurance or self-insurance programs maintained by the other Party, and shall be provided and
maintained at the insured Party's own expense.
18.2 Insurance Coverage Requirements: For each of the IJUA's, each Party shall
maintain the following programs of insurance coverage:
18.2.1 General Liability insurance with limits of not less than the following,
and naming the other Party as an additional insured:
General Aggregate: $25 million
18.2.2 Automobile Liability insurance with a limit of liability of not less than
$1 million for each accident. Such insurance shall include coverage for all "owned," "hired"
and "non-owned" vehicles, or coverage for"any auto."
18.2.3 Workers Compensation and Employers' Liability insurance providing
workers compensation benefits, as required by the State of California, and for which each of
the Parties' contractor and/or subcontractors shall be responsible. This insurance shall
include Employers' Liability coverage with limits of not less than the following:
Each Accident: $1 million
18.3 Evidence of Insurance: Each Party shall provide a letter or certificate of
insurance, or self-insurance, satisfactory to the other Parties prior to commencing services under
each of the IJUA's. Such evidence shall identify the applicable Individual Joint Use Project and
the required coverages, and provide that the other Parties receive written notice by mail at least
thirty (30) days in advance of cancellation for all required coverages.
18.4 Insurer Financial Ratings and Self-Insurance: If commercial insurance is used, it
shall be provided by an insurance company with an A.M. Best rating of not less than A: VII, or
as otherwise mutually agreed to by the Parties. In lieu of commercial insurance, each Party shall
retain the right to self-insure all or any portion of its insurance obligations herein.
18.5 Notification of Incidents, Claims or Suits: Each Party must notify the other of
any accident or incident relating to its use of the Site pursuant to this Agreement, which involves
injury or property damage which may result in the filing of a claim or lawsuit against any of the
Parties, and, of any actual third party claim or lawsuit arising from or related to services under
this Agreement.
19.0 NON-DISCRIMINATION. The Parties agree that in providing use of the Sites
pursuant to the IJUA's, the hiring of staff, and the selection and use of volunteers, all persons
will be treated equally and without regard to or because of race, color, religion, ancestry, national
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origin, sex, age, sexual orientation, marital status or disability, and in compliance with all anti-
discrimination laws of the United States of America and the State of California.
20.0 REVIEW AND MODIFICATION PROCESS. Each Party shall designate a
representative as the contact liaison in connection with any and all issues pertaining to this
Agreement. The terms and conditions of the Agreement may be revised or amended in writing
as may be necessary from time to time and as mutually agreed by the Parties provided that any
such amendment is consistent with the original intent of the Agreement.
21.0 NOTICES.
21.1 Notice: Notices shall be personally delivered or delivered by United States Mail,
postage-prepaid, certified, return receipt requested, or by reputable document delivery service
that provides a receipt showing date and time of delivery. Notices delivered by mail shall be
effective at 5:00 p.m. on the second calendar day following dispatch. Notices personally
delivered or delivered by document delivery service shall be effective upon receipt. Notices shall
be delivered to the Parties at the following addresses:
To District: Los Alamitos Unified School District
10293 Bloomfield Street
Los Alamitos, CA 90702
Attn: Deputy Superintendent
Telephone: (562) 799-4700
Facsimile: (562) 799-4711
With a copy to: Atkinson, Andelson, Loya, Ruud and Romo
12800 Center Court Drive, Suite 300
Cerritos, CA 90703
Attn: Andreas C. Chialtas, Esq.
Telephone: (562) 653-3200
Facsimile: (562) 653-3333
To City: City of Seal Beach
City Hall, 211 Eighth Street
Seal Beach, CA 90740
Attn: City Manager
Telephone: (562) 431-2527
Facsimile: (562) 493-9857
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With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Attn: Quinn M. Barrow
Telephone: (213) 626-8484
Facsimile: (213) 626-0078
21.2 Emergency Contact Numbers: The Parties will provide and periodically update
each other after-hours emergency contact information for appropriate supervisory staff Such
information must include emergency contact numbers for other facilities that may be utilized in
the event of a community emergency.
22.0 PARTY EMPLOYEES.
22.1 District Employees: For purposes of this Agreement, all persons employed in the
performance of services and functions for District shall be deemed District employees and no
District employees shall be considered as an employee of the City, nor shall such District
employees have any City pension, civil service, or other status while an employee of the District.
22.2 City Employees: For purposes of this Agreement, all persons employed in the
performance of services and functions for the City shall be deemed City employees and no City
employee shall be considered as an employee of the District, nor shall such City employees have
any District pension, civil services, or other status while an employee of the City.
23.0 MISCELLANEOUS.
23.1 Attorneys' Fees; Litigation: In the event of a dispute under this Agreement, each
Party shall bear its own attorneys' fees and costs.
23.2 Mediation. In the event any dispute arising under the terns of this Joint-Use
Agreement, the Parties shall meet and confer with the objective of resolving such disputes within
seventy-two (72) hours of the request of either Party. If, within seven calendar days, or such
longer period as may be agreed upon by the Parties, the dispute cannot be resolved by the
Representatives to the Parties' mutual satisfaction, the Parties shall mutually select a mediator,
who is a respected professional with expertise in the area of the dispute, to facilitate the
resolution of the dispute. If the parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with the then current commercial Mediation Rules of the American
Arbitration Association. Absent written agreement of the Parties to the contrary, the mediation
process shall be completed or terminated within forty-five (45) days of the initial request for
mediation.
23.3 Arbitration of Disputes. In the event that the Parties are unable to timely resolve
the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant
California Code of Civil Procedure, Part 3, Title 9, §1280 et seq., or its successor statute. For
such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each Party
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shall select an arbitrator and those two arbitrators shall select a third. Discovery may be
conducted in connection with the arbitration proceeding pursuant to California Code of Civil
Procedure §1283.05. The arbitrator, or three arbitrators acting as a board, shall take such
evidence and make such investigation as deemed appropriate and shall render a written decision
on the matter in question. The arbitrator shall decide each and every dispute in accordance with
the laws of the State of California. The arbitrator's decision and award shall be subject to review
for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
23.4 Assignment: No Party shall assign this Agreement or any right or privilege any
Party might have under this Agreement without the prior mutual written consent of all Parties
hereto, which consent shall not be unreasonably withheld, provided that the assignee agrees in a
written notice to all Parties to carry out and observe each applicable Party's agreements
hereunder.
23.5 Binding on Heirs: This Agreement shall be binding upon the Parties hereto and
their respective heirs, representatives, transferees, successors, and assigns.
23.6 Time of the Essence: Time is of the essence with respect to each of the terms,
covenants, and conditions of this Agreement.
23.7 Severability: If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
23.8 Entire Agreement, Waivers and Amendments: This Agreement incorporates all
of the terms and conditions mentioned herein, or incidental hereto, and supersedes all
negotiations and previous agreements between the Parties with respect to all or part of the
subject matter thereof. All waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of the Party to be charged. Any amendment or modification
to this Agreement must be in writing and executed by all of the Parties hereto.
23.9 Exhibits. All exhibits and attachments to which reference is made are deemed
incorporated in this Agreement, whether or not actually attached.
23.10 Interpretation: Governing Law: This Agreement shall be construed according to
its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in
accordance with the laws of the State of California in effect at the time of the execution of this
Agreement.
23.11 Authority: The person(s) executing this Agreement on behalf of the Parties hereto
warrant that: (i) such Party is duly organized and existing; (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement,
such Party is formally bound to the provisions of this Agreement; and (iv) the entering into this
Agreement does not violate any provision of any other agreement to which said Party is bound.
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23.12 Execution in Counterpart: This Agreement may be executed in several
counterparts, and all such executed counterparts shall constitute one agreement binding on all
Parties hereto, notwithstanding that all parties are not signatories to the original or the same
counterpart.
23.13 Effect of Recitals: The Recitals and Exhibit(s) herein are deemed true and
correct, are hereby incorporated into this Agreement as though fully set forth herein, and the
Parties acknowledge and agree that they are each bound by the same.
23.14 Conflicts of Interest: No director, officer, official, representative, agent, or
employee of any Party shall have any financial interest, direct or indirect, in this Agreement.
23.15 Rights and Remedies are Cumulative: Except as may be otherwise expressly
stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise
by any Party of one or more of its right or remedies shall not preclude the exercise by it, at the
same time or at different times, of any other rights or remedies for the same default or any other
default by another Party or Parties.
23.16 Provisions Required by Law Deemed Inserted: Each and every provision of law
and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein
and the Agreement shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon
application of any Party the Agreement shall forthwith be physically amended to make such
insertion or correction.
23.17 Cooperation: The Parties acknowledge that it may be necessary to execute
documents other than those specifically referred to herein in order to complete the objectives and
requirements that are set out in this Agreement. The Parties hereby agree to cooperate with each
other by executing such other documents or taking such other actions as may be reasonably
necessary to complete the objectives and requirements set forth herein in accordance with the
intent of the Parties as evidenced in this Agreement.
23.18 Ambiguities Not to be Construed Against Drafting Party: The doctrine that any
ambiguity contained in a contract shall be construed against the party whose counsel has drafted
the contract is expressly waived by each of the Parties hereto with respect to this Agreement.
23.19 Nonliability of Officials: No officer, member, employee, agent, or representative
of the Parties shall be personally liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon, shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
23.20 Third Party Beneficiaries: Nothing in this Agreement shall be construed to confer
any rights upon any party not signatory to this Agreement.
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IN WITNESS WHEREOF, Los Alamitos Unified School District and the City of Seal
Beach have entered into this Agreement as of the Effective Date.
LOS ALAMITOS UNIFIED SCHOOL CITY OF SEAL BEACH,
DISTRICT, a California charter city
a California public school district
I I
By: 11rA , � r By: As _ a
Patri is r Jill R. In„ am
Deputy -uperinten.ent City Manager
Attest: Attest:
By: ��Cf.A Ct,- By: $
Gail Dessert, Lin a Devine,
Administrative Assistant City Clerk
Approved as to 'onn: Approved as to Form:
By: ■4 Y By: c
121 eas C. Chialtas, Esq. Quinn Barrow, City Attorney
Atcinson, Andelson, Loya,
Ruud & Romo
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EXHIBIT "A"
INDIVIDUAL JOINT USE AGREEMENTS
Individual Joint Use Agreement, No. 1, for the Seal Beach Tennis Center.
Date of Adoption: January 12, 2009
Individual Joint Use Agreement, No. 2, for the McGaugh Gymnasium.
Date of Adoption: March 1, 2013
Individual Joint Use Agreement, No. 3, for the McGaugh Pool and Tennis
Courts.
Date of Adoption: March 1, 2013
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INDIVIDUAL JOINT-USE AGREEMENT
FOR MCGAUGH ELEMENTARY SCHOOL
GYMNASIUM
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Los Alamitos Unified School District
10293 Bloomfield Street
Los Alamitos, CA 90720
(562) 799-4700
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
(562) 431-2527
THIS INDIVIDUAL JOINT-USE AGREEMENT (IJUA) for the use of McGaugh Elementary
School Gymnasium ("McGaugh Gym Agreement") is entered into March 1, 2013, by and
between the LOS ALAMITOS UNIFIED SCHOOL DISTRICT, a California public school
district duly organized and existing under Chapter 1 of Division 3 of Tide 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").
RECITALS
A. WHEREAS, the 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, the 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, the City and the District mutually have interest in exploring a Master Site
Plan for the joint use facilities at the McGaugh Elementary School and will address that
plan under a separate agreement; and
D. WHEREAS, the City is currently in need of gym space for leisure and recreation
activities and the Parties desire to work together to support the community; 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 adults
alike; and
2. To provide a competitive high school sports 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 recreation 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 City's use
of the District's gymnasium ("McGaugh Gym") on property owned by the Los Alamitos
Unified School District at its McGaugh Elementary School, located at 1698 Bolsa
Avenue, Seal Beach, CA 90740, a description of which is set forth in Exhibit "A" of this
McGaugh Gym Agreement and incorporated herein by this reference; and
G. WHEREAS, the Parties have mutually agreed that this McGaugh Gym Agreement is
subject to the Master Joint Use Agreement For Use of Shared Sites between the Parties
dated March 1, 2013 (the "Master Joint Use Agreement") which is set forth as Exhibit B;
2 of 5
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 McGaugh Gym Agreement is an Individual Joint
Use Agreement as that teen 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
McGaugh Gym Agreement conflicts with the Master Joint Use Agreement, the Master
Joint Use Agreement shall prevail.
2.0 TERM OF AGREEMENT. The duration of this McGaugh Gym Agreement shall align
with the term as the Master Joint Use Agreement which is set forth as Exhibit B. Either
Party may terminate this IJUA for the McGaugh Gym Agreement, without cause, upon
providing written notice of termination to the other Party not less than six months prior to
the effective date of termination. The termination of this IJUA does not affect either the
Master Joint Use Agreement or any other existing IJUAs.
3.0 PURPOSE. The purpose of this Agreement is to provide for the Parties' cooperative use
and scheduling of the McGaugh Gym, as well as the sharing of costs for the operations
and maintenance of the McGaugh Gym.
4.0 GYMNASIUM MAINTENANCE, REPAIR, AND UTILITIES.
4.1 District. The District shall be responsible for all utilities and maintenance (i.e.,
routine, capital and emergency maintenance) of the McGaugh Gym.
4.2 City. The City shall be financially responsible for 6% of the cost of all utilities
based on its percentage use of the McGaugh Gym after school, evenings,
weekends, and during the summer, please see Exhibit D. For routine
maintenance, the City shall pay actual costs based upon its percentage of usage of
the McGaugh Gym facility, please see Exhibit D. For capital or emergency
maintenance, the parties shall meet and discuss reasonable cost sharing
arrangements for respective projects.
4.3 Use of the premises. City shall respect the other users of the McGaugh Gym by
requiring its employees and users to pick up after themselves and leave the
premises in good condition. If the City or its users fail to secure the building after
user and any destruction/damage/etc occurs, it shall be the responsibility of the
City to fully reimburse the District for its costs for repair/replacement as well as
the District's current year indirect cost for the oversight of the
cleanup/repairs/etc. It will be the City's responsibility to seek reimbursement
from the at fault user group for failure to secure the building and/or premises.
4.4 Inspection. Each Party shall inspect the McGaugh Gym for dangerous conditions
prior to its use of the property. If such inspection reveals any dangerous
3 of 5
conditions, that Party shall: (1) promptly notify the other Party of the existence of
the condition; and (2) refrain from using any portions the McGaugh Gym affected
by the dangerous condition until it is corrected. The District shall post adequate
warning signs on the property.
5.0 MCGAUGH GYM USE AND SCHEDULING.
5.1. The City shall be allowed to use the McGaugh Gym for City purposes, subject to
this McGaugh Gym Agreement. The Parties shall each act in good faith to
accommodate use of the McGaugh Gym by the other Party in accordance with the
terms of this agreement. The Parties, specifically the Seal Beach City Manager
and the District's Deputy Superintendent or their designees, shall meet on, at
least, an annual basis to establish schedule for the Use of the McGaugh Gym.
Exhibit C is an example of a model time schedule.
5.2. McGaugh Gym Closures. The District may in its sole discretion close the
McGaugh Gym to use by the public, the City, or anyone else. Whenever possible,
the District shall provide the City with advance notice of any unscheduled
closures. Closures will be kept to a minimum when the McGaugh Gym is in
usable condition. Reasons for the closure of the McGaugh Gym may include, but
are not limited to, the following:
5.2.1 Scheduled or unscheduled maintenance, repair, or renovation of the
McGaugh Gym.
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.
4 of 5
IN WITNESS WHEREOF, Los Alamitos Unified School District and the City of Seal Beach
have entered into this McGaugh Gym Agreement as of the Effective Date.
CITY OF SEAL BEACH, LOS ALAMITOS UNIFIED SCHOOL
a California Charter City DISTRICT, a California public school district
J 113/. Ingram Patricia L. Mey,
Seal Beach City Manager Deputy Superintendent
ATTESTED:
By: / Y> ot“
Linda Devine
City Clerk
APPROVED AS TO FORM APPROVED AS 0 FORM:
By: By: tir
li inn Barrow Andr a. 1 . Chialtas, Esq.
City Attorney Atkinsu i, Andelson, Loya, Ruud & Romo
5 of 5
Exhibit A
Description of McGaugh Gym
At McGaugh Elementary School
Exhibit B
Master Joint Use Agreement
EXHIBIT C
Example McGaugh Gym Schedule*
(Parties to meet and update annually)
2012-13
Fall Season -- September 1 —November 14
Los Alamitos Unified
City of Seal Beach Monday through Friday 2:15pm - 10:00pm
Saturday/Sunday 7:00am— 10:00pm
Winter Season -- November 15—February 11
Los Alamitos Unified Monday through Friday 2:00pm - 6:OOpm**
City of Seal Beach Monday through Friday 6:00pm - 10:00pm
Saturday/Sunday 7:00am— 10:00pm
Early Spring Season -- Feb 12- April 15
Los Alamitos Unified
City of Seal Beach Monday through Friday 2:15pm - 10:00pm
Saturday/Sunday 7:00am — 10:00pm
Spring Season—April 16—June 15
Los Alamitos Unified Monday/Wed./Friday 2:00pm - 6:00pm
City of Seal Beach Monday/Wed./Friday 6:00pm - 10:00pm
Tuesday/Thursday 2:15pm— 10:00pm
Saturday/Sunday 7:00am — 10:00pm
Summer Season—June 16—August 31
Los Alamitos Unified
City of Seal Beach Sunday thru Saturday 7:00am — 10:00pm
* Outside of School Hours
** On Game Days, the gym will be available to the City
Additional Days/Nights of Use by the District:
- Back to School Night - Open House
- School carnival —Thurs, Friday, and Saturday - Polling site
- 5th Grade Promotion - Pageant of the Masters Practice
EXHIBIT D
Example McGaugh Gym Schedule Translated into a Percentage Cost
Of all Utilities, an Maintenance (routine, capital, and emergency)
(Parties to meet and update annually)
2012-13
SECTION A—TIME UTILIZATION
Assumptions for Formulas: Utilization is from lam— 10pm daily= 105 hours per week
Time Period 1: Fall Season -- September 1 —November 14
Party Days and Hours of Utilization Percentage Percentage of
of Year Utilization by City
Los Alamitos
Unified
City of Seal Monday through Friday 2:15pm - 10:00pm 2 1/2 months 70 hrs/105 Ins=
Beach =21% 67%
Saturday/Sunday 7:00am— 10:00pm
Time Period 2: Winter Season -- November 15 —February 11
Los Alamitos Monday through Friday 2:00pm -
Unified 6:OOpm**
City of Seal Monday through Friday 6:00pm - 10:00pm 3 months= 50 hrs/105 hrs=
Beach 25% 48%
Saturday/Sunday 7:00am — 10:00pm
Time Period 3: Early Spring Season -- Feb 12- April 15
Los Alamitos
Unified
City of Seal Monday through Friday 2:15pm - 10:00pm 2 months = 70 hrs/105 hrs =
Beach 17% 67%
Saturday/Sunday 7:00am— 10:00pm
Time Period 4: Spring Season —April 16—June 15
Los Alamitos Monday/Wed./Friday 2:00pm - 6:00pm
Unified
City of Seal Monday/Wed./Friday 6:00pm - 10:00pm 2 months = 58 hrs/105 hrs =
Beach Tuesday/Thursday 2:15pm— 10:00pm 16% 55%
Saturday/Sunday 7:00am— 10:00pm
Time Period 5: Summer Season—June 16—August 31
Los Alamitos
Unified
City of Seal Sunday thru Saturday 7:00am — 10:00pm 2 'A months 105 hrs/105 hrs=
Beach = 21% 100%
100%
SECTION B— SPACE UTILIZATION
Assumptions for Formulas: Total Site square footage= 82,198
Area of Building J Used By Designation Square Footage of Building J = 11,204
Gym Shared A 6,248
Office City Only B 391
Mechanical Room City Only B 389
Restrooms (2) City Only C 362
Balance District Only D 3,814
Area of Use Percentage of total site square Time Percentage of utilities for the site
footage for Utility Utilization Period that will be applied.
Utilization
A-shared 6,248 / 82,198 = 8% 1= .5036
2= .0384
3= .0536 Shared Space Average = .0539
4= .0440
5= .0800
B-City Only 780sq ft—Separate meters are NA
read for these areas for
electric, gas and water will be
discuss as part of Pool IJUA
C-City Only 362/82,195 = .0044 .0044
Total* = .0583
*Based on average utilization throughout the year, the City of Seal Beach will pay 6% of the site
UTILITIES to the District for its fair share of utilities including electricity, gas, and water/sewer.
ROUTINE MAINTENANCE CHARGES: Will be charged based on usage percentage in the
building which on average throughout the year equals 66.39%.
INDIVIDUAL JOINT-USE AGREEMENT
FOR MCGAUGH ELEMENTARY SCHOOL
POOL AND TENNIS COURTS
between
SEA( `''ot
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Los Alamitos Unified School District
10293 Bloomfield Street
Los Alamitos, CA 90720
(562) 799-4700
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
(562) 431-2527
THIS INDIVIDUAL JOINT-USE AGREEMENT (IJUA) for the use of McGaugh Elementary
School Pool and Tennis Courts ("McGaugh Pool and Tennis Court Agreement") is entered into
March 1, 2013, by and between the LOS ALAMITOS 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").
RECITALS
A. WHEREAS, the 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, the 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, the City and the District mutually have interest in exploring a Master Site
Plan for the joint use facilities at the McGaugh Elementary School and will address that
plan under a separate agreement; and
D. WHEREAS, the City is currently in need of gym space for leisure and recreation
activities and the Parties desire to work together to support the community; and
E. WHEREAS, the Parties have mutual interest in the accomplishment of the following
goals:
I. To provide wholesome, high-quality sports programming for youth and adults
alike; and
2. To provide a competitive high school sports 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 recreation 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 City's use
of the District's Pool and Tennis Courts ("McGaugh Pool and Tennis Courts") on
property owned by the Los Alamitos Unified School District at its McGaugh Elementary
School, located at 1698 Bolsa Avenue, Seal Beach, CA 90740, a description of which is
set forth in Exhibit "A" of this McGaugh Pool and Tennis Courts Agreement and
incorporated herein by this reference; and
G. WHEREAS, the Parties have mutually agreed that this McGaugh Pool and Tennis Court
Agreement is subject to the Master Joint Use Agreement For Use of Shared Sites between
the Parties dated March 1, 2013 (the "Master Joint Use Agreement") which is set forth as
Exhibit B;
2 of 5
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 McGaugh Pool and Tennis Court 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 McGaugh Pool and Tennis Court Agreement conflicts with the
Master Joint Use Agreement, the Master Joint Use Agreement shall prevail.
2.0 TERM OF AGREEMENT. The duration of this McGaugh Pool and Tennis Court
Agreement shall align with the term as the Master Joint Use Agreement which is set forth
as Exhibit B. Either Party may terminate this IJUA for the McGaugh Pool and Tennis
Court Agreement, without cause, upon providing written notice of termination to the
other Party not less than six months prior to the effective date of termination. The
termination of this 1JUA does not affect either the Master Joint Use Agreement or any
other existing IJUAs.
3.0 PURPOSE. The purpose of this Agreement is to provide for the Parties' cooperative use
and scheduling of the McGaugh Pool and Tennis Courts, as well as the sharing of costs
for the operations and maintenance of the McGaugh Pool and Tennis Courts.
4.0 POOL AND TENNIS COURT MAINTENANCE, REPAIR, AND UTILITIES.
4.1 District. The District shall be responsible for all utilities and maintenance (i.e.,
routine, capital and emergency maintenance) of the McGaugh Pool and Tennis
Courts based on time of use.
4.2 City. The City shall be financially responsible for the cost of all utilities of the
McGaugh Pool and Tennis Courts based on time of use. For routine maintenance,
the City shall pay actual costs based upon its usage of the McGaugh Pool and
Tennis Courts facility. For capital or emergency maintenance, the parties shall
meet and discuss reasonable cost sharing arrangements for respective projects
based on time of use. If the schedule of use for the McGaugh Pool or Tennis
Courts represented in Exhibit C of this agreement is modified both parties will
meet to amend the agreement to account for cost sharing of utilities.
4.3 Use of the premises. City shall respect the other users of the McGaugh Pool and
Tennis Courts by requiring its employees and users to pick up after themselves
and leave the premises in good condition. If the City or its users fail to secure the
facility after user and any destruction/damage/etc occurs, it shall be the
responsibility of the City to fully reimburse the District for its costs for
repair/replacement as well as the District's current year indirect cost for the
oversight of the cleanup/repairs/etc. It will be the City's responsibility to seek
3 of 5
reimbursement from the at fault user group for failure to secure the building
and/or premises.
4.4 Inspection. Each Party shall inspect the McGaugh Pool and 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
McGaugh Pool or Tennis Court affected by the dangerous condition until it is
corrected. The District or City shall post adequate warning signs on the property.
5.0 MCGAUGH POOL AND TENNIS COURT USE AND SCHEDULING.
5.1. The City shall be allowed to use the McGaugh Pool and Tennis Court for City
purposes, subject to this McGaugh Pool and Tennis Court Agreement. The
Parties shall each act in good faith to accommodate use of the McGaugh Pool or
Tennis Courts by the other Party in accordance with the terms of this agreement.
The Parties, specifically the Seal Beach City Manager and the District's Deputy
Superintendent or their designees, shall meet on, at least, an annual basis to
establish schedule for the Use of the McGaugh Pool and Tennis Courts. Exhibit
C is an example of a model time schedule.
5.2. McGaugh Pool or Tennis Court Closures. The District may in its sole discretion
close the McGaugh Pool or Tennis Courts to use by the public, the City, or
anyone else. Whenever possible, the District shall provide the City with advance
notice of any unscheduled closures. Closures will be kept to a minimum when the
McGaugh Pool or Tennis Courts are in usable condition. Reasons for the closure
of the McGaugh Pool or Tennis Courts may include, but are not limited to, the
following:
5.2.1 Scheduled or unscheduled maintenance, repair, or renovation of the
McGaugh Pool or 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.
4 of 5
IN WITNESS WHEREOF, Los Alamitos Unified School District and the City of Seal Beach •
have entered into this McGaugh Pool and Tennis Court 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: `! I A . X4`1 By: � d�ia
fr' . Ingram Patricia L. Meyer " •
Seal Beach City Man r Deputy Superinte .ent
ATTESTED:
By: nda h /)10/
L nda Devine
City Clerk
APPROVED AS TO FO M APPROVED AS TO FORM:
By: ; p By:
Quinn Barrow Andrea VChialtas, Esq.
City Attorney Atkinson Andelson, Loya, Ruud &Romo
5 of 5
Exhibit A
Description of McGaugh Pool and Tennis Courts
At McGaugh Elementary School
• • • • • • • • • • • • • • • • • • • • •
SCHOOL:
h Elementary School
ADDRESS: EXHIBIT 'A°
ADDRESS:
1698 Bolse Avenue, Seal Beach, CA 90740
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Los Alamitos Unified School District
10293 Bloomfield Street
Los Alamitos,CA 90720
(562)799-4700
Fax(562)799-4711
Exhibit B
Master Joint Use Agreement
EXHIBIT C
Example McGaugh Pool and Tennis Court Schedule
(Parties to meet and update annually)
Fall Season -- September 1 —November 14
Los Alamitos Unified
City of Seal Beach Sunday— Saturday 5:00am—9:30pm
Winter Season -- November 15— February 11
Los Alamitos Unified
City of Seal Beach Sunday— Saturday 5:00am —9:30pm
Early Spring Season -- Feb 12- April 15
Los Alamitos Unified
City of Seal Beach Sunday—Saturday 5:00am— 9:30pm
Spring Season —April 16—June 15
Los Alamitos Unified
City of Seal Beach Sunday— Saturday 5:00am—9:30pm
Summer Season—June 16—August 31
Los Alamitos Unified
City of Seal Beach Sunday—Saturday 5:00am—9:30pm
Additional Days/Nights of Use by the District:
- 5th Grade Promotional Parties
- Flag Team on the Tennis Courts for Practice
•
MASTER JOINT -USE AGREEMENT
FOR USE OF SHARED SITES
between
RPOf;gT
•
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 MASTER JOINT -USE AGREEMENT FOR USE OF SHARED SITES
( "Agreement ") is made as of the 14th day of _ October , 2008 (the "Effective Date ")
• by and between the LOS ALAMITOS UNIFIED SCHOOL DISTRICT ( "District "), a California
public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the
California Education Code and the CITY OF SEAL BEACH, a California charter city ( "City ").
Collectively, the District and the City shall be referred to herein as the "Parties" and individually
as a "Party ".
Page 1 of 14
S7296- 0001 \1066103v6.doc final version 10/01/08
•
•
•
RECITALS
A. California Education Code Section 10900 et seq. authorizes and empowers school
districts to cooperate with public agencies in organizing, promoting, and conducting joint
programs of recreation as well as education.
B. California Government Code Section 6500 et semc . (the "Joint Powers Law ")
provides that two or more public agencies may, by agreement, jointly exercise any power
common to the contracting parties.
C. Pursuant to the Joint Powers Law, the District and the City are each a public
agency and are authorized and empowered to contract for the joint exercise of powers.
D. The District and City wish to share with each other the use of their separately
owned property (collectively "the Property ") for the common general educational and
recreational objectives of the community and to jointly accomplish various projects related to the
improvement and use of the Property.
E. The purpose of this Agreement is to establish a framework setting forth the basic
terms applicable to the Parties' joint use of the Property. The District and the City acknowledge
that this Agreement is being entered into by each Party, as a courtesy between public agencies
and for the mutual benefit of each.
F. It is the desire of the District and the City, upon the express terms and conditions
set forth in this Agreement, to utilize the Individual Joint Use Agreements for the mutual benefit
and use of each party, pursuant to the terms set forth herein.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows:
(Intentionally Left Blank)
Page 2 of 14
57296- 0001 \1066103v6.doc final version 10/01/08
• •
•
AGREEMENT
0.0 DEFINITIONS. For purposes of this Agreement, the following terms mean:
0.1 "Annual Committee ": the committee created pursuant to Section 6.0 of this
Agreement.
0.2 "Donation ": any gift, present, or contribution of any monetary value, including
those from user groups, except Government Grants, received by either party that is related to a
Site or its use pursuant to any Individual Joint Use Agreement.
0.3 "Government Grant ": a monetary grant from any local, state or federal
governmental entity.
0.4 "Individual Joint Use Agreement" or "IJUA ": any separate agreement entered into
by the Parties to govern the joint use of a specific Site.
0.5 "Owner ": the Party who owns a particular Site.
0.6 "Site ": a specific property and its associated facilities subject to this Agreement.
1.0 CIVIC CENTER ACT. The District may identify any Site it owns as a "Civic Center"
pursuant to Education Code Section 38130 et sue. ( "Civic Center Act "). Subsequent to
identification as a Civic Center, the use of any such Site must comply with the provisions of the
Civic Center Act to the extent the property is under the control of the District. To the extent
permitted by law, and regardless of whether the Site is designated as a Civic Center, the Parties
shall charge a fee for its use, as set forth in the Individual Joint Use Agreements, to organizations
or persons other than the Parties to cover expenses of the particular activity or service conducted
on the Site.
2.0 TERM OF THE MASTER JOINT USE AGREEMENT. This Agreement shall
commence upon the Effective Date, and remain in effect for five (5) years. The Parties may
upon mutual written agreement extend the term for an additional five (5) years. Each Individual
Joint Use Agreement shall contain a separate provision setting forth the term for that IJUA.
3.0 EARLY TERMINATION OF AGREEMENT.
3.1 In the event of unforeseen circumstances, either Party may terminate this
Agreement or any or all IJUA's upon six (6) months written notice to the other Party. For these
purposes, "unforeseen circumstances" means dire financial conditions for either Party, City or
District loss of revenue or funding, or the terminating Party's need for the exclusive use of the
facility or Site identified in the IJUA.
3.2 Notwithstanding the foregoing, in order to maximize any applicable Government
Grant fund requirements, the Parties may agree to extend or otherwise waive any termination
right, upon mutual approval by the Parties' respective governing boards. Any Party's application
Page 3 of 14
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• •
for any such Government Grant must be approved in advance by the other Party, which approval
shall not be unreasonably withheld.
4.0 EMERGENCY NEED. Nothing in this Agreement or any IJUA shall limit either
Owner's right to make unlimited use of all or any portion of its Sites during an emergency. For
purposes of this Agreement, an emergency is any circumstance or event that the Owner deems to
pose an actual or potential danger to life or property.
5.0 INDIVIDUAL JOINT USE AGREEMENTS.
5.1 Descriptions of each individual joint use project are set forth in the IJUA's
attached hereto as Exhibit A. To the extent that any provision in any of the IJUA's conflicts with
any provision in this Agreement, this Agreement shall prevail unless modifications are mutually
agreed upon in each IJUA.
5.2 Upon the effective date of this Agreement, this Agreement shall govern the
following IJUA's and property identified therein:
5.2.1 Individual Joint Use Agreement, No. 1, for the McGaugh Pool.
5.2.2 Individual Joint Use Agreement, No. 2, for the McGaugh Gymnasium.
5.2.3 Individual Joint Use Agreement, No. 3, for the McGaugh Field.
5.2.4 Individual Joint Use Agreement, No. 4, for the McGaugh Tennis Courts.
5.2.5 Individual Joint Use Agreement, No. 5, for the Seal Beach Tennis Center.
5.3 The Parties may enter into additional IJUA's, and any such IJUA's shall be
subject to all provisions in this Agreement as if expressly stated in that IJUA.
6.0 ANNUAL COMMITTEE. The Parties shall establish a committee to meet annually to
discuss issues regarding the Sites, this Agreement, and the IJUA's, including, but not limited to,
scheduling, repairs, and maintenance of the Sites. The committee shall be comprised of 6, 8 or
10 members, divided equally between the Parties, and appointed by the Party's respective
governing bodies. The District Superintendent and the City Manager or their respective
designees shall be ex officio members of the committee.
7.0 OWNERSHIP OF THE SITES, FACILITY, FURNISHINGS, AND EQUIPMENT.
7.1 Each Owner shall retain its existing ownership interest in and to its Sites and any
land, building, or improvement existing thereon as of the effective date of the applicable IJUA.
No past, present, or future use of any of the Sites pursuant to this Agreement shall be interpreted
as conveying any ownership or other property interests in any of the Sites.
7.2 Personal property, trade fixtures, furnishings, or equipment installed or placed on
a Site by a Party after the effective date of the applicable IJUA shall remain that Party's separate
property.
Page 4 of 14
S7296- 0001 \1066103v6.doc final version 10/01/08
• •
7.3 Upon the expiration or termination of a IJUA, the Party who is not the Owner
shall remove from the Site its personal property, trade fixtures, furnishings, or equipment within
90 days or longer by mutual agreement of the parties or else such personal property, trade
fixtures, furnishings, or equipment shall become the sole property of the Owner. If a Party
removes any personal property, trade fixtures, furnishings or equipment from a Site of which it is
not the Owner, that Party must return to its original condition that portion of the Site affected by
such removal.
8.0 PROJECT FUNDING AND CAPITAL COSTS. The terms under which the joint use
of any Site is to fund and the terms for sharing any associated capital costs shall be set forth in
the applicable IJUA's.
9.0 DONATIONS. All Donations received specific to one of the parties' sites under this
agreement, shall be used as deemed appropriate by the recipient. However, if the donation will
in any way .affect the other parties' physical property or financially impact the property in
anyway then the acceptance and usage of the donation must be mutually agreed and accepted by
both parties.
10.0 GOVERNMENT GRANTS. Any Government Grant received by either Party shall be
used in accordance with the terms and provisions of that grant.
11.0 IMPROVEMENTS. The City may make improvements to any Site owned by the
District in accordance with the conditions set forth in this Section.
11.1 The City shall be responsible for all costs associated with any improvements
unless otherwise determined and agreed to by the District and the City.
11.2 The District shall have the right to review and approve all project planning, design
and construction, and shall have final approval of all contracts and schedules related to any City
improvements.
11.3 The District's Board of Education must approve all building plans and
construction plans for every City improvement in advance.
11.4 The District's Superintendent must approve in advance all vendors and
contractors employed for City improvements.
11.5 All construction services for City improvements shall be performed by a properly
licensed architect, engineer, contractor, or inspector. All construction management services shall
be provided by a licensed contractor, architect or engineer, and shall comply with all public
works labor requirements, including the payment of prevailing wages, as required of school
districts under state law and as approved by the required State agencies.
11.6 All contractors and subcontractors, and their employees and agents who enter
onto the Site for any reason or at anytime subscribed herein, shall submit or have submitted their
fingerprints, without exception, as proscribed by Education Code Section 45125.1. Prior to the
issuance of keys to any third party, including contractors and sub - contractors, the District and the
City shall each require said third party, contractor or sub - contractor to acknowledge that he /she
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has been informed that California Penal Code § 469 provides that any person who "knowingly
makes, duplicates, causes to be duplicated, or uses," or attempts to do same, or possesses any key
to a public building, without authorization and with knowledge of the lack of such authorization,
is guilty of a misdemeanor; and that said third party, contractor or sub - contractor further
specifically acknowledges that he /she shall be responsible for any such duplication or
unauthorized use of said keys, whatsoever.
12.0 UTILITY COSTS. Utility costs for the IJUA's shall be shared as follows unless
•
otherwise specified in the IJUA's.
12.1 Electricity, Water, and Gas. Each Party shall pay a share of the electrical, water,
and gas actual usage for each Site in proportion to its use of the Site. The Owner of the Site shall
present the other Party with an invoice for electrical, water, and gas usage and such invoice must
be paid within thirty (30) days of receipt.
12.2 Telephone. Each party shall be responsible for its separate use of telephone
service provided to the Sites and pay such utility bills directly to the service provider.
12.3 Trash. Each Owner shall be responsible for collection of garbage at its Sites.
13.0 MAINTENANCE. Cleaning, repair, maintenance, and all other custodial services for
the Sites shall be shared in accordance with the applicable provisions set forth in the IJUA's.
14.0 USE SCHEDULING. The City shall, in conjunction with the District, develop and
administer the scheduling for use of the Sites unless otherwise mutually agreed in the applicable
IJUA.
15.0 USE OF SITES.
15.1 Each Site shall be used to the maximum extent possible for both school and
community purposes to the extent that such does not interfere with the Owner's schedules for
maintenance, repair, or use of the Site, which schedules shall have priority over any use of the
Site by the Party who is not its owner.
15.2 The Parties shall utilize the Sites in conformance with all applicable Federal,
state, and local laws, as well as any applicable administrative regulations and policies adopted by
either Party.
15.3 The Parties shall hold any third party user who fails to comply with established
guidelines liable to pay for all damages caused thereby to the Site.
15.4 Disputes under this section shall be resolved pursuant to Sections 24.2 and 24.3 of
this Agreement.
15.5 Advertising on any Site shall be in accordance with the policies established by the
Owner's governing body.
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16.0 FIELD USE; PRIORITY, ALLOCATION, FEES, AND PERMITS. The use of any
fields owned by the District shall be subject to the District's Schedule of Charges, Field Use, and
Field Schedule, which shall be subject to annual review and revisions.
17.0 INDEMNIFICATION.
17.1 No Party or any of its officers, agents, volunteers, contractors, or employees shall
be responsible for any damage or liability occurring by reason of any acts or omissions on the
part of another Party under or in connection with any obligation delegated to the Parties under
this Agreement. Each Party shall indemnify, defend and hold harmless the other party, its
officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense
(including reasonable attorneys' fees and other defense costs), or claims imposed for damages of
any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or
property damage occurring by reason of any acts or omissions on the part of the Party's own
officers, agents, contractors, or employees under or in connection with any obligation delegated
to such Party under this Agreement. This indemnity shall survive termination of this Agreement.
17.2 Each Party agrees to require all third party organizations that it authorizes to use
or enter the Site, to execute a document stating the following:
[Name of Organization] agrees to hold harmless, defend, and indemnify the Los
Alamitos Unified School District and the City of Seal Beach, their respective
Board members, agents, officers, employees and representatives against all
actions, claims, or demands for injury, death, loss or damages, regardless of fault
or cause, by anyone whomsoever (except where such injury, death, loss, or
damage was solely due to the willful acts or omissions of the Los Alamitos
Unified School District and the City of Seal Beach, and/or their respective Board
members, agents, officers, employees and representatives), whenever such injury,
death, loss, damage or claim is a consequence of, or arises out of the use of or
access to the Site known as [name of Site], by [name of organization] or its
agents, officers, employees and representatives.
17.3 Tort Liability. Government Code Section 895.2 imposes certain tort liability
jointly upon public agencies solely by reason of such public agencies being parties to an
agreement as defined in Government Code Section 895. Therefore, the Parties hereto, as
between themselves, pursuant to the authorization contained in Government Code Sections 895.4
and 895.6, each assumes the full liability imposed upon it or any of its officers, agents,
representatives or employees by law for injury caused by a negligent or wrongful act or omission
occurring in the performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Party
indemnifies and holds harmless the other Party for any loss, cost, or expense, including
reasonable attorneys' fees that may be imposed upon or incurred by such other Party solely by
virtue of Government Code Section 895.21.
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18.0 INSURANCE.
18.1 General Insurance Requirements: For each of the IJUA's, without limiting the
indemnification provision and during the term of this Agreement, the Parties shall provide and
maintain, and shall require their subcontractors to maintain, the insurance programs set forth in
this Section. Each Party's insurance shall be primary to and not contributing with any other
insurance or self- insurance programs maintained by the other Party, and shall be provided and
maintained at the insured Party's own expense.
18.2 Insurance Coverage Requirements: For each of the IJUA's, each Party shall
maintain the following programs of insurance coverage:
18.2.1 General Liability insurance with limits of not less than the following,
and naming the other Party as an additional insured:
General Aggregate: $25 million
18.2.2 Automobile Liability insurance with a limit of liability of not less than
$1 million for each accident. Such insurance shall include coverage for all "owned," "hired"
and "non- owned" vehicles, or coverage for "any auto."
18.2.3 Workers Compensation and Employers' Liability insurance providing
workers compensation benefits, as required by the State of California, and for which each of
the Parties' contractor and/or subcontractors shall be responsible. This insurance shall
include Employers' Liability coverage with limits of not less than the following:
Each Accident: $1 million
18.3 Evidence of Insurance: Each Party shall provide a letter or certificate of
insurance, or self- insurance, satisfactory to the other Parties prior to commencing services under
each of the IJUA's. Such evidence shall identify the applicable Individual Joint Use Project and
the required coverages, and provide that the other Parties receive written notice by mail at least
thirty (30) days in advance of cancellation for all required coverages.
18.4 Insurer Financial Ratings and Self - Insurance: If commercial insurance is used, it
shall be provided by an insurance company with an A.M. Best rating of not less than A: VII, or
as otherwise mutually agreed to by the Parties. In lieu of commercial insurance, each Party shall
retain the right to self - insure all or any portion of its insurance obligations herein.
18.5 Notification of Incidents, Claims or Suits: Each Party must notify the other of
any accident or incident relating to its use of the Site pursuant to this Agreement, which involves
injury or property damage which may result in the filing of a claim or lawsuit against any of the
Parties, and, of any actual third party claim or lawsuit arising from or related to services under
this Agreement.
19.0 NON - DISCRIMINATION. The Parties agree that in providing use of the Sites
pursuant to the IJUA's, the hiring of staff, and the selection and use of volunteers, all persons
will be treated equally and without regard to or because of race, color, religion, ancestry, national
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origin, sex, age, sexual orientation, marital status or disability, and in compliance with all anti-
discrimination laws of the United States of America and the State of California.
20.0 REVIEW AND MODIFICATION PROCESS. Each Party shall designate a
representative as the contact liaison in connection with any and all issues pertaining to this
Agreement. The terms and conditions of the Agreement may be revised or amended in writing
as may be necessary from time to time and as mutually agreed by the Parties provided that any
such amendment is consistent with the original intent of the Agreement.
21.0 NOTICES.
21.1 Notice: Notices shall be personally delivered or delivered by United States Mail,
postage - prepaid, certified, return receipt requested, or by reputable document delivery service
that provides a receipt showing date and time of delivery. Notices delivered by mail shall be
effective at 5:00 p.m. on the second calendar day following dispatch. Notices personally
delivered or delivered by document delivery service shall be effective upon receipt. Notices shall
be delivered to the Parties at the following addresses:
To District: Los Alamitos Unified School District
10293 Bloomfield Street
Los Alamitos, CA 90702
Attn: Assistant Superintendent, Business Services
Telephone: (562) 799 -4700
Facsimile: (562) 799 -4711
With a copy to: Atkinson, Andelson, Loya, Ruud and Romo
17871 Park Plaza Drive, Suite 200
Cerritos, CA 90703
Attn: Andreas C. Chialtas, Esq.
Telephone: (562) 653 -3200
Facsimile: (562) 653 -3333
To City: City of Seal Beach
City Hall, 211 Eighth Street
Seal Beach, CA 90740
Attn: City Manager
Telephone: (562) 431 -2527
Facsimile: (562) 493 -9857
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With a copy to: Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071 -3101
Attn: Quinn M. Barrow
Telephone: (213) 626 -8484
Facsimile: (213) 626 -0078
21.2 Emergency Contact Numbers: The Parties will provide and periodically update
each other after -hours emergency contact information for appropriate supervisory staff. Such
information must include emergency contact numbers for other facilities that may be utilized in
the event of a community emergency.
22.0 PARTY EMPLOYEES.
22.1 District Employees: For purposes of this Agreement, all persons employed in the
performance of services and functions for District shall be deemed District employees and no
District employees shall be considered as an employee of the City, nor shall such District
employees have any City pension, civil service, or other status while an employee of the District.
22.2 City Employees: For purposes of this Agreement, all persons employed in the
performance of services and functions for the City shall be deemed City employees and no City
employee shall be considered as an employee of the District, nor shall such City employees have
any District pension, civil services, or other status while an employee of the City.
23.0 MISCELLANEOUS.
23.1 Attorneys' Fees; Litigation: In the event of a dispute under this Agreement, each
Party shall bear its own attorneys' fees and costs.
23.2 Mediation. In the event any dispute arising under the terms of this Joint -Use
Agreement, the Parties shall meet and confer with the objective of resolving such disputes within
seventy -two (72) hours of the request of either Party. If, within seven calendar days, or such
longer period as may be agreed upon by the Parties, the dispute cannot be resolved by the
Representatives to the Parties' mutual satisfaction, the Parties shall mutually select a mediator,
who is a respected professional with expertise in the area of the dispute, to facilitate the
resolution of the dispute. If the parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with the then current commercial Mediation Rules of the American
Arbitration Association. Absent written agreement of the Parties to the contrary, the mediation
process shall be completed or terminated within forty -five (45) days of the initial request for
mediation.
23.3 Arbitration of Disputes. In the event that the Parties are unable to timely resolve
the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant
California Code of Civil Procedure, Part 3, Title 9, §1280 et seq., or its successor statute. For
such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each Party
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shall select an arbitrator and those two arbitrators shall select a third. Discovery may be
conducted in connection with the arbitration proceeding pursuant to California Code of Civil
Procedure § 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such
evidence and make such investigation as deemed appropriate and shall render a written decision
on the matter in question. The arbitrator shall decide each and every dispute in accordance with
the laws of the State of California. The arbitrator's decision and award shall be subject to review
for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
23.4 Assignment: No Party shall assign this Agreement or any right or privilege any
Party might have under this Agreement without the prior mutual written consent of all Parties
hereto, which consent shall not be unreasonably withheld, provided that the assignee agrees in a
written notice to all Parties to carry out and observe each applicable Party's agreements
hereunder.
23.5 Binding on Heirs: This Agreement shall be binding upon the Parties hereto and
their respective heirs, representatives, transferees, successors, and assigns.
23.6 Time of the Essence: Time is of the essence with respect to each of the terms,
covenants, and conditions of this Agreement.
23.7 Severability: If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
23.8 Entire Agreement, Waivers and Amendments: This Agreement incorporates all
of the terms and conditions mentioned herein, or incidental hereto, and supersedes all
negotiations and previous agreements between the Parties with respect to all or part of the
subject matter thereof. All waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of the Party to be charged. Any amendment or modification
to this Agreement must be in writing and executed by all of the Parties hereto.
23.9 Exhibits. All exhibits and attachments to which reference is made are deemed
incorporated in this Agreement, whether or not actually attached.
23.10 Interpretation: Governing Law: This Agreement shall be construed according to
its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in
accordance with the laws of the State of California in effect at the time of the execution of this
Agreement.
23.11 Authority: The person(s) executing this Agreement on behalf of the Parties hereto
warrant that: (i) such Party is duly organized and existing; (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement,
such Party is formally bound to the provisions of this Agreement; and (iv) the entering into this
Agreement does not violate any provision of any other agreement to which said Party is bound.
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23.12 Execution in Counterpart: This Agreement may be executed in several
counterparts, and all such executed counterparts shall constitute one agreement binding on all
Parties hereto, notwithstanding that all parties are not signatories to the original or the same
counterpart.
23.13 Effect of Recitals: The Recitals and Exhibit(s) herein are deemed true and
correct, are hereby incorporated into this Agreement as though fully set forth herein, and the
Parties acknowledge and agree that they are each bound by the same.
23.14 Conflicts of Interest: No director, officer, official, representative, agent, or
employee of any Party shall have any financial interest, direct or indirect, in this Agreement.
23.15 Rights and Remedies are Cumulative: Except as may be otherwise expressly
stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise
by any Party of one or more of its right or remedies shall not preclude the exercise by it, at the
same time or at different times, of any other rights or remedies for the same default or any other
default by another Party or Parties.
23.16 Provisions Required by Law Deemed Inserted: Each and every provision of law
and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein
and the Agreement shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon
application of any Party the Agreement shall forthwith be physically amended to make such
insertion or correction.
23.17 Cooperation: The Parties acknowledge that it may be necessary to execute
documents other than those specifically referred to herein in order to complete the objectives and
requirements that are set out in this Agreement. The Parties hereby agree to cooperate with each
other by executing such other documents or taking such other actions as may be reasonably
necessary to complete the objectives and requirements set forth herein in accordance with the
intent of the Parties as evidenced in this Agreement.
23.18 Ambiguities Not to be Construed Against Drafting Party: The doctrine that any
ambiguity contained in a contract shall be construed against the party whose counsel has drafted
the contract is expressly waived by each of the Parties hereto with respect to this Agreement.
23.19 Nonliability of Officials: No officer, member, employee, agent, or representative
of the Parties shall be personally liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon, shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
23.20 Third Party Beneficiaries: Nothing in this Agreement shall be construed to confer
any rights upon any party not signatory to this Agreement.
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IN WITNESS WHEREOF, Los Alamitos Unified School District and the City of Seal
Beach have entered into this Agreement as of the Effective Date.
LOS ALAMITOS UNIFIED SCHOOL CITY OF SEAL BEACH,
DISTRICT, a California charter city
a California public school district
B A A .;& By: 0-::-/ -
Patricia L. Meyer, A : : ant Sue 't•ndent, David Carmany, City Manager
//Business Services
Attest: Attest: /
By: ` By: ��!4 /�._ A__ LJ /
Gail Dessert, Administrative Assistant Linda Devine, City Clerk
Approved as to orm: Approved as to Form:
/�
By: By: Cc -71'N
A irdreas C. Chialtas, Esq. Quinn Barro , City Attorney
A . tkinson, Andelson, Loya,
Ruud & Romo
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EXHIBIT "A"
INDIVIDUAL JOINT USE AGREEMENTS
Individual Joint Use Agreement, No. 1, for the McGaugh Pool.
Date of Adoption:
Individual Joint Use Agreement, No. 2, for the McGaugh Gymnasium.
Date of Adoption:
Individual Joint Use Agreement, No. 3, for the McGaugh Field.
Date of Adoption: _
Individual Joint Use Agreement, No. 4, for the McGaugh Tennis Courts.
Date of Adoption:
Individual Joint Use Agreement, No. 5, for the Seal Beach Tennis Center.
Date of Adoption:
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