Colton Joint Unified School District-2006-08 ; - •
RESOLUTION 06-21
JOINT USE AGREEMENT FOR FACILITY USE
Between the Cotton Joint Unified School District and the City of Grand Terrace
High School#3 Playfields
This Agreement entered into on the 19 th day of December 2006 by the Colton Joint Unified
School District, hereafter referred to as "District", and the City of Grand Terrace, hereafter
referred to as"City."
WHEREAS, the Education Code of the State of California authorizes and empowers public
school districts and municipalities to cooperate with each other for the purposes of providing
meaningful leisure and educational opportunities, and toward that end enter into agreements with
each other for the purpose of organizing, promoting and conducting such programs of
community recreation and education objectives for children and adult citizens of the State; and,
WHEREAS,worthwhile recreational activity contributes to the well being of individuals, and in
turn to the progress of society, provision of meaningful leisure opportunities can be properly
recognized as a governmental service. Consequently, both municipal and education agencies
have been delegated the responsibility for providing the community with these leisure skills and
opportunities; and
WHEREAS, in order to minimize the duplication in the provision of these services, and to
maximize potential for quality programs, both agencies are committed to cooperate with one
another whenever feasible; and
WHEREAS, the District and City desire to establish a basis for the cooperative use of their
respective recreational and educational facilities located in the community; and
WHEREAS, the District is owner of the playfields, the turf area and asphalt courts at High
School#3, 21810 Main Street, Grand Terrace, California; and
WHEREAS,the City wishes to utilize and maintain the playfields for recreational purposes.
NOW, THEREFORE,the parties agree as follows:
1. The use of the High School#3 playfields, hereinafter referred to as the "playfields", shall be
subject to reasonable rules and regulations as determined by the District and as defined by
the Administrative Rules and Regulations.
2. All use of the Playfields shall conform with the California Education Code including, but not
limited to,the Civic Center Act of the Education Code Sections 10900-109 14.5.
blished by the city recreation department
shall have second priority; and any other events by other groups or agencies shall have third
priority.
12. The City of Grand Terrace shall have the responsibility for the upkeep of the playfields.
District shall maintain the growth of the trees by trimming them as needed and removing
them if they are fallen by winds. The upkeep of any boundary fencing surrounding the
property, existing goal posts, and existing backstops shall be the shared responsibility of the
District, except in the case of vandalism, where the party responsible for the supervision at
the time of incident will be responsible for remediation.
3. The District's representative and the city's representative shall meet as necessary to transact
business in accordance with this agreement.
4. Any item of equipment and/or element of construction related to the city, which is placed on
District property and which will be paid from city funds, shall be subject to the advice and
approval of the District Superintendent or Designee.
5. Any equipment or improvement paid for by the city and placed on District property shall
forever be the property of the District. Any such placement or construction shall be
performed in compliance with all applicable laws and ordinances.
6. Damages to structures and equipment, shall be the responsibility of the party exercising
supervision over the facility at such time as the damage occurs.
7. The city shall install a separate electric utility meter-to-meter electricity used for the
permanent playfield lighting installed for night use by city approved sports organizations.
The city shall work with the sports organizations to provide for access to turn the lighting on
and off. The city shall be responsible for payment of all electricity charges made to this
meter. If the District desires to use the playfield lighting it shall notify the city and the city
shall determine a charge to be made to the District for the electricity used for the lighting.
Meters may not be installed on school grounds without the consent of the District.
8. Maintenance of fields and equipment shall be the responsibility of the City of Grand Terrace.
9. Each party to this Agreement hereby holds the other harmless from all claims or lawsuits for
damages to property and for injuries to persons in or about said premises, arising from its use
of the premises or from the negligence of itself or of its employees, agents, contractors, or
assigns. This obligation will include providing a defense of lawsuits and all related services.
10. This Agreement shall be subject to revision and modification periodically upon the request
and mutual agreement of the Board of Education of the Colton Joint Unified School District
and the City of Grand Terrace.
11. The city shall have the sole responsibility for approval and scheduling of the playfields after
normal school hours of operation. In the scheduling of said open space, school events shall
have the first priority; any recreation program established by the city recreation department
shall have second priority; and any other events by other groups or agencies shall have third
priority.
12. The City of Grand Terrace shall have the responsibility for the upkeep of the playfields.
District shall maintain the growth of the trees by trimming them as needed and removing
them if they are fallen by winds_ The upkeep of any boundary fencing surrounding the
property, existing goal posts, and existing backstops shall be the shared responsibility of the
District, except in the case of vandalism, where the party responsible for the supervision at
the time of incident will be responsible for remediation.
ion.
•
13. The city shall be responsible for the removal of litter or debris resulting from a city-
scheduled event as well as the upkeep of any future, District-approved additions to the
playfields.
14_ The city shall inform the District, within a reasonable amount of time, of any conditions that
may pose a safety hazard to the public as a result of the use of the playfields.
15. Should the city be unsuccessful in its application for an award through the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000
Grant, this Agreement shall be null and void.
16. Termination of Agreement. It is the intent of both parties that this Agreement remain in force
for a period of not less than 20 years. However, this agreement may be terminated by either
the District or the City at the end of any traditional school year. The termination will be made
by the Board of Education or the City Council adopting a motion or Resolution determining
to withdraw from the Joint Use Agreement, and give notice of such termination in writing,
including a copy of the motion or Resolution, at least sixty (60) days prior to the end of the
school year. Such notice of termination, together with a copy of the required motion or
Resolution, shall be given by the Board of Education to the City Manager of the City of
Grand Terrace or by the City Council to the Superintendent of the Colton Joint Unified
School District.
THE PARTIES HEREBY EXECUTE THIS AGREEMENT BY THEIR
RESPECTIVE AUTHORIZED REPRESENTATIVES:
Colton Joint Unified School District:
eAzi-
),,ih fei Date: 12,- ( O(
Authorize epresentative
City of Grand Terrace:
Date: 4 ,e '
Authoriz Representative 49_//71
s, contractors, or
assigns. This obligation will include providing a defense of lawsuits and all related services.
10. This Agreement shall be subject to revision and modification periodically upon the request
and mutual agreement of the Board of Education of the Colton Joint Unified School District
and the City of Grand Terrace.
11. The city shall have the sole responsibility for approval and scheduling of the playfields after
normal school hours of operation. In the scheduling of said open space, school events shall
have the first priority; any recreation program established by the city recreation department
shall have second priority; and any other events by other groups or agencies shall have third
priority.
12. The City of Grand Terrace shall have the responsibility for the upkeep of the playfields.
District shall maintain the growth of the trees by trimming them as needed and removing
them if they are fallen by winds_ The upkeep of any boundary fencing surrounding the
property, existing goal posts, and existing backstops shall be the shared responsibility of the
District, except in the case of vandalism, where the party responsible for the supervision at
the time of incident will be responsible for remediation.
ion.