HomeMy WebLinkAboutOcean View School District - 1972-02-231'
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for Master File '
MOST BEkTURNE6y
JOINT DEVELOMENT - COI-21UNITY REORF,A,.ION Allis TY CLERK
THIS AGRtMENT, hereinafter called Joint Development ,. Ccnu munity
Recreation Agreement, between the CITY OF Huntington-Beach� California ,
a municipal corporation, het•oifiafter called "CITY" and the Ocean View
..School District, hereinafter called the "DISTRICT119
W ITN E S S E T N
fWHEREAS, DISTRICT owns the property known an the Haven View �.
School located at 16081 Waikiki. Lane
in the City of Huntington Beach
California , on which an elementary school is Iccated,
and .
CITY desires to use and develop a portion 'of the aforesaid property
as a neighborhood park, and
It is in the best interests of CITY and DISTRICT that an agrearant be
entered into for the use of a portion of said Haven View School
property for park and recreational purposes as liereinaft:er set forth;
I
hvW, THEREFORE, C'IW and DISTRICT agree as fol.lo ;.-
1. That sub,jeet to cond Uon8 set forth,. CIIN' is hereby granted the
right to use the hereinafter described portion of Haven View
School property for park and recreat{on-a? purposes. The said portion of pro-
perty of Haven Vier School in as set forth on the map attached
he' r•eto, marked Exhibit "A11 and by this reference made ai part.hereof.
hereof. �
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2. This agreement shall be for a period of fifteen (15) yearn,
rornnencing in the date this .doctment it3 fully executed by all parties. At the
end of fifteen (15) years, by mutual agreement, this agreem,3nt may be extended,
3. CITY. shall not b:z required to pay any feet•, or other charges . for
itu usp of the site. The consideration to 'DISTRICT shall be the constru^ti.on',
operation and maintenance of facilities and the providing by CITY of rccreA-
tional services to the citizens of CITY AND DISTRICT,
4, L'ITY and DISTRICT shall work jointly in the planning of the Dark
facility And programs to insure that the property and recranti.on program used I
arr. developed to the: bast interent of both pnrl-ico.
• 5. CITY ragrers, prior to the consrructior� or proposed frcl 1 it•ioti,
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�. whi4h includes a portion of DISTRICT'S At:e, to -consult with DISTRICT oil all
2 construction schedules. Construction shall begin at a time t4ian fundo become
3 available ,and actual constrtilutiern will +!dot: interfere with the educationel' pro-
4 ces3es of DISTRICT, CITY agrees to pay all costa of construction and develop.
5{ ment of the portion of the site to be used for park purpobes, and to repair any
.6 dauzaue too DISTRIC'T'S spfiinkl.er system, playgrour:d equipment and/or c-,A;er.
7 district tat:i:liti n3 ur equipment,-- caused by reason of CITY ds veloping eit:c.
8 CITY agrees :o con--ult with DISTRICT as to the typo and specifirat-lon Y at
91 equipment &-ne facilit i-as to be constructed on said site. Any l►ai►.din&s con-' i
10 atructed by CITY shall meet: all standards required by the Education Corte.
11�61e.i location Ond design is subject to approval. by DISTRICT..
12�1 6. City el,mll have the responsibility to:: the efficient operation
13 of a jointly -approved psr17 progr,un. Tlta park and facilit ims shsl : -be open on
1(1 iiqual terms Lo all r,xident€s of CITY and DIS: I NT. UEe of the fe.cil .tries by
15 DISTRICT aliall be without fc.c, and any epexsting earenses will be borne by C11i"Y
1.6 7. C111Y egrees that it: wJ1.1.1 maintain ar its cost, the dcn±gnated
17� park situ in an attrac:t_viw manner a's .apprc Jed by DISTRICT, and will u!3e ill I
18 appLove.d methOdS vecersary to achieve and maintain said 17arIV. t�it:c so as to be I
19 an asset tc the neighborhood. That porLiors of all utilities user by.. C ti' olla.il.
20 be paid by CTT` ,
21 8. CITY' shrill. nmueW DISTRICT as coinsured i-: its liability roli :y
22 and shall save and hold DISTRICT hHrrulens frcrn any or all claimri or causes of
23 action for injury to persone., including death, or dama„ a to property reiulti.ne
24 from or which may arise by reason of any cangerlou;a ur defectivo c:onditiop of
25 equipment: or other impLovementws installed or constructed by UTZ, on property
26 loomed by DISTRI ,,', or, failure to maintain said equipment: and i•tapLovemcuts '
27 installed or sonstr ucted by CITY in .a :safe cond- tiar. or which might ari.so fro-m
28 activi.trier, su{, ^-nrisari by employees of .CITY OR I)ISTRTCT. Initially, this
29 liability polio, shall be not 'lasso than One M:illi.oi% 7al.ler�j (�E,Cs�;O,t,gt),00�.
30 Vie adequacy of this amount shn1l be reviewe:i every fiefs (Y' ynars 1)TSTR3:a �
31 : halt {nave and hold CY.TY Itnrmlces from any or all c;lntcns or r:autic.; of tic'.-tr.n foil
• 3 la r ' r0VUltr' r7 1:
32 injury to pc.rac�.is, including death, o�: tit�rn�p.., to j ..ol r � tea. trot o. � I
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whic:b• may arise by reason of any dangerous or detective condition of equipment
or other improvements installed or construc�ad by DISTRICT on property owned by
M DISTRICT, or a failure to maintain said equipment and improvements installed or
I constructed b DISTRICT in a safe condition or which might arise from activi-
ties supervised by employees of CITY or DISTRICT.
5. This Joint Development - Community Recreation Agreement may be
terminated by either party at any time and for any reason upon 180 days'
written notice to the other, termination to be effective June 30 of a fiscal
year, If DISTRICT desires to exercise its right to terminate this .agreement,
DISTRICT shall reimburse CITY for the improvements placed on the site by CITY
in an amount equal to the depreciated value of said improvements as of the date
the cancellation is to be effective, In the evevw the parties cannot agree
upon the depreciated value of the improvements, surh value will be -determined
by an independent appraiser appointed'by, aul satisfactory to, DISTRICT and
(' CITY. The expense of such appraisal shag.)• be borne equally by Toth parties.
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In the event the parties shall not ragre►s upon said appraiser, the presiding
judge of the Superior Court for the S•Mate of California, County of orange,
aha 1 appoint the appraiser.
in the event CITY choo,jej to exercise its right to terminate this
I .
agreement, all improvements placed on the site s'nnll become the property of
DISTRICT 4+ithout the necess:.ty of, formal documentation of transfer, S iatild
DISTRIC2 not grant such improve-ments, CITY shall remove said i+:,provements within
si., (6) months or lesr, and return the site to its origina.. condition insofar as
(possible. Upon an;• cancellation of this agreement, CITY shall remove all
personal property belonging to CITY. CITY` S liability insurance shall be
written to c6ver any cancel! aLion period until buildings are removed or title
is receiv._d by DISTRICT.
10. All structures constructed on the site and all personal property
plarod or installed thereon. by CM and owned by CITY shall remain the property
r,f CITY, At: the termination of this agreement, CITE' shall remove f-rom the site
I -li11 rnncl o rr3unt;1 pror)rri-y bri onging to CY'rV and shall return rho
site to itt; c:ondit ton iniiofur of potisible unlaL,.s DISTRICT indicates
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1.
1 its desire, within thirty days -after such termination, to assume title to such
2 improvements, in which rase tittle therato shall vest in DISTRICT without the
3 necesaity of formal documentation of transfer.
4 11. DISTRICT reserves the right to establish the hours of use in
5 case a conflict arises between the community recreation program and the educa-
b tional program of DISTRICT,
7 12. If th. site or improvements thereon are destroyers by fire, war,
8 earthquake, flood, storm or other casualty beyond the control of the parties
9 hereto to such an extent that they cannot be restored to their -previous
10 condition within 120 days after the casualty, CITY shall have the -option to
11 restore the site and improvements thereon to their condition as of the date of
j.2 the casualty, In the event CITY does not elect to perform such restoration,
13 this agreement shall terminate and CITY shall remove all improvements and
14 personal property from the site and return the site to its original condition,
15 unless otherwise mutually agreed. If the site and improvements are destroyed
16 1by any of the causes enumerated above and in the event they can be restored
17 within 120 mays after the casualty, CITY shall restore them.as soon as feasible
18 and thy: agreement shall continue in full force and effect.
19 IN WITNESS WHEREOF, CITY, by order of its City Council, has caused
20 this Joint Developmant - Community Rerreation Agreement to be executed on its
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1 behalf by the,Mayor of said City Council and attdated by the Clerk thereof, and 4
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2 DISTRICT has caused this Joint Development - Community Recrektion Agreement to �
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db •d fVd
.3 be executie y its Ba x _ o ucat on►
4 DATED this ,+Atj,,% day of 1972.
5 CITY OF CITY OF HUNTINGTON aF,&('H
• a municipal Corporation
6
7 By e.
• Mayor
8 ATTEST:
9
City rk .
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Page 214.18
ti
ILORISINAL COPY
for Ma
� Ii der FIie*
,Tr
BE Rr-TURNED,.
79 CITY CLERK
JO1M DEVELOMENT - COMMU4. 11'Y RECUAT10,N AGREMENT
1 THIS AMEMENT, hareinafter culled .Joint Development - Coan,u4ty
2 Recreation Agreement, between the CITY OF Huntington Beach California
3 a municipal corporation, hereinafter celled "CITY" and the Qcean View
4 , School District, hereinafter called the '"DISTRICT",
r W I T N E S S E T H
• a- ..,. dbb ... ... ..r. .... .I.i 4/. ....
.6 WHEREM9 DISTRICT owns the property known as the Glen View School
7 located at 6621 Glen Drive
,g in the City of Huntin&ton Beach
.•w i11.Y �I�IA11•.
California on which an elementary school is located
10 and
it CITY desires* to use and develop a portion of the aforesaid propert?
12 as a neighborhood park, and
13 it id in the beset interests of CITY and DISTRICT that an agreement be
14 entered into for the nza of a portion of said Glen View School
15 property for park and recreational purposes as hereinafter stet forth;
16 NOW, THEREFORE, CITY and DISTRICT agree as follows:
'L1 1: That subject to conditions suet forth, CITY -is hereby granted the
18 right to use the hereinafter described portion of Glen View School
19 School property for park and reereational'purposes• Tha said portion of pro-
20 perty of Glen View School is as set forth on the map attached
21 hereto, marked Exhibit "A" and by this reference made a part hereof.
22 2. Thais agreement shall be for a period of fifteen (15). years,
23 commencing on the date this document i- fully executed by all parties.. At the
24 end of fifteen (15) years, by mutual agreement, this agreement may be extended.
.25 3. CITY shal.1 not be required to pay any fees or other charges for
26 its use of the site. The consideration to -DISTRICT shall be the construction,
21 operation and maintenance of facilities and the providing by CITY of recrea-
28 tional services to the citizens of CITY AND DISTRICT.
29 4. CITY And DISTRICT shall work jointly in the planning of the park
30 facility and programs to Insure that the property and recreation program used
31 are devc1oped to the best interest of both parties.
32 5. CITY Agrees, . prior to the construction of proposed f:acil-itiou,
11 .
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which includes a portion of DISTRICT'S site, to consult with DISTRICT on all
construction schenules. Construction shall begin at a time when funds become
available and actual construction will not interfere with the educational pro-
cesses of DISTRICT. CITY agrees to pay all costs of construction and develop -
meat of the portion of the site to be used for park purposes, and to repair any
damage to DISTRICT'S sprinkler system, playground equipment and/or other
district facilities or equipment,. caused by reason of CITY developing site.
CITY agrees to consult with DISTRICT as to the type and specifications of
equipment and facilities to be constructed on said site. Any buildings con-
structed by CITY shall meet all standards •required by the Education Code.
Their location and design is subject to approval by DISTRICT.
6. City shall have the responsibility for the efficient operation
of a jointly -approved park program. The park and facilities small be open on
equal terms to all residents of CITY and DISTRICT. Use of the faci sties by
DISTRICT shall be without fee, and any operating expenseD will be borate by CITY
7. CITY agrees that it will maintain at its cost, the designated
park site in an attractive manner aas.approved by DISTRICT, and will une all
approved methods necessary fo achieve and maintain said park site so as to be
an asset to the neighborhood. That portion of all uti'Ities used by CITY shall
be paid by CI717.
8. CITY shall name DISTRICT as cofnsured in its liability policy
`and shall save and hold DISTRICT harmless frow any or all claims or causes of
action for injury to persons, ancl.ttdiug death, or damage to property resulting
from or which may .Ii..; sr_ by r,, son of any dangerous or defec0.ve con.li;:ion of
equipment or other improvements inst.,Ued or cal astruck..1 by r,'_r i, on property
owned by DISTRACT, or a failur•i� is maintain said •jui.p;;;ent: and improverientrs
{.,stalled or constructed by CITY in c safe cosh' —on or which might arise from
activ! ties supervised by employees of CITY OR. DISTRICT. Initially, this
liability poli.c;, shral.l, be nor 'Icro than One Million Dollars ($1,000,000.00).
Viv adequacy of this fir;nunt W .1.1 be revicw ud every five (5) years. W'STRICT
shall. r,:va and h,-ill CITY h:arrmlens frow any or all clnitrs or ccuUcs of action fo
i;littry to pci•., ^ns, :ncludin de4at.h. or dnmr.ge to proprrry rosaaltins `roar or
.2-
s
1 which may arise by reason of any dangerous or defective condition of equipment
2 or other improvements,1nstelled or constructed by DISTRICT on property owned by
3 DISTRICT, or a failure to maintain said equipment and improvements installed or
4 constructed by DISTRICT in a safe'condition or which might ariso from activi-
5 ties supervised by employees of CITY or DISTRICT,
•6 9. 'this Joint Development - Community Recreation Agreement may be
7 terminated by either party at any time and for any reason upon 180 days'
.8 written notice to the other, termination to be effective Jane 30 of a fiscal
9 year. If DISTRICT desires to exercise its right to terminate this agreement,
10 DISTRICT shall reimburse CITY for,the improvements placed on the site by CITY
11 in an amount equal to the depreciated value -of said improvements as of the date
12 the cancellation is to be effective. -in the event the parties cannot agree
13 upon the depreciated value of the improv'amelnts, such value will bc. determined
14 by an independent appraiser appointed by, and satisfactory to, DISTRICT and
15 CITY,. The expense of such Appraisal shall be borne equally by both parties.
1E 1 T.n the event the pard co shall not agree upon said appraiser, the presiding
1T judl.: Gr the Sttp%. 1.or tJou.::t: frr. the State of California, County of Orange,
t-a11 ar) r. ; the n,)praj. er.
li fn �.�\;T,.r y: f7 � G_'� t.•.,.. saes to� xci.r?e t:r3 -ight to terminate this
._"il. .(slits Pl.._-ck31 oo the site shall bec:c-irc.. the . �,opi�r. ty of
,........._, , . ra r
'�,y. �'i.1.J.I:IU.I�_ c�ithouc:. the ZtLG�,3,:;.t:_% of .,:UZ-,1F?l. •?oCtTI7:EI1i::?LLC7n of t'r&nliL@'a:, Si1pLl7.d
21 (' i)TSTRICT not want suc.it C;Trx :;i, i I remolre. :.,aid improvem-iiLs within
3 sip; (6) months o.t: lcsf aiW return the ';'.t;e to its !7?::-ginal. condi i rloIl lnsofnr ns
24 �,
' pof7sibl<a. Vpot"1 any cE'1li.:Erllct:a.3u. of tlii,:- a r,r(:C'!i1Lnt:, shall rcmoi7c E:! 1
75 person,:?. property bcl.onging co CITY. CCITY'S Unbllity itls, rance shall be
26 -1rit:ten to Gcver any cancellation period until buildi.nuc are r��: cv :a or title
27 is. re:cr i.ved by DISTRICT. .
28Ij I15. ILI structuroo construct:c.tl on the -, "site and aU perronal properwy
29 p1, c.,`d Or 1,1!71-alled thercon b}- U1:,T7 ,nd c,;aned by CITY shall remain. tlti. property
,f CITY. At the '�c.t'1 i►�at ion of tM,� rae;r���:.;^nti, CITY sjt_!1 rorn nre from tlij. rli to
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t
j 11'!. i '3t 1'l.11:t tli ('. c111'1 pC'.Ct�0i1;: pi'o�)(il' (::' �)Ci�.On(;itl�; L: O T l'Y find slwil i. ret;tirn. the:
i sit::. t:o ' i'<' t)?'iI -In it contl f.tlori : n:7of.r.if' :)O.9.,-01.r_' imlefit, !.1T 7TRICT
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its desire, 'Within thirty days after such tetmination, to ass«ne title to such
improvements,. in yMch case title. thereto shall vest in DISTRICT without the
necessity of formal documentation of trantfar.
11. DISTRICT raserves the right to estatiish the hours of use in
cass a conflict Arises 'between the community recreation program and the educa-
tional program of DISTRIM
12. If the site or improvemen:.e thereon are destroyed by fire, war,
earthquake, flood, storm or other casualty beyond the control of the por..es
hereto to such an extent that they cannot be restored to their previous
condition within 120 days: after the casualty, CITY shall. have the option to
restore the site and !.riprovements thereon to - their condition as of the date e f i
i
the casualty. In the event CITY.does not elect to perform such restoration, '
this agreement ehmil teeminate and CITY shall remove all improvements and
personal property from the site and return the site to its original Condition,
unlcts3- ot)-erwisc cru:t..Uall.y aF aed. If th<.• site ..-nd improvements are destroyed
by any of the cauk:t.:s -numcn t,s:e.3 an.' in the event they can be restored
xvit,-in 120 days afte-: the ct t;uatt , CITY ,hall restore them as soon as feasible
and tti� agreement shalt contLrnt in -fit11 florce nd e; fret.
Tor W-IVNESS WHEREOF, CVY, by or:dc._• of : -:s CL -y Council., hat, cause-1
this Joint -'Development Cor-mun:i.ty. Rocreatiun A.Z.-t-event. to be :nAteeut,arl on its
,
1 behalf by the Mayor of said City Council and nttestec.' by the Clerk thereof, and {
2 DISTRICT has caused this Joint Development -• Community Recreation Agreement to
3 be executed by its Board of Education. ,
i
4 BATED this day of , 1972.
5 CITY OF CJTY OF HUNTINGTON BEACH
a municipal icorporation y
6 i
7 By � I
Mayor.
3 AT'ITST:
f f
C ty ,
10 .
12 �� S TO FO _� • - + 1
63.
_ r
1
City Attorney �
14 � .� i
r
:3 DATED this 7Lh day ofehruarY, 1972.
16 OCEAN VMT SCHOOL DISTRICT
OF GUNGE COUNTY, CALIFC�RNIA
17
?. 8 B i
Pry , B r o ucation
9
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C1 Bo rd of E u a o
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22 APPROVED AS TO FOMI:
23
County Coun::el.
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QPIGINAL Copy
for Master File
114UST B" Rr
C TURNED
TO CITY
JOINT DEVELGP;iENT - C0,101UNITY RECREATION AGREEMEENT
CLERK
THIS AGREEMENT hereinafter called Joint Development •- Community
y
Recreation Agreement, between the CITY OF iiunt. ineton Beach., California ,
a municipal corporation, hereinafter called "CITY" and the Ocean View
School District:, hereinafter called the 'DDISTRICT",
W I T N E S S'E T*H
�r ..� rw w w ...r r •.r •... w.r
WHEREAS, DISTRICT owns the property kno&m as the Marine View
School located at 5682 Tilburg Drive
in the City of Huntington _Beach
California on which an elementary school is located,
and
CITY desires to use and develop a portion of the aforesaid property
as a neighborhood park, and
It is in the best interests of CITY and DISTRICT that an agreement bed
entered into for the use.of a portion of said Marine View School
property for park and recreational purposes as hereinafter set forth;
NOW, THEREFORE, CITY and DISTRICT agree as follows;
1. That subject to conditions set forth, CITY is hereby granted the
right to use the hereinafter described portion of Marine View
School property for park andrecreational purposes. The said portion of pro-
perty of Marine View School is as set forth on the map attached
hereto, marked Exhibit "A" and by this reference made a part hereof.
2. This agreement shall be for a period of fifteen (15) years,.
commencing on the date this document is fully executed by all parties.. At the
end of fifteen (15) -.ewre, by mutu-91 agreement, this agreement may be extended.
3. CITY shall not be required to pay any fees or other charges for
its usa of the site. The consideration to DISTRICT'shall be the construction,
operation and maintenance of facilities and the providing by CITY of recrea-
tional services t-o the citizens of CITY AND DISTRICT.,
4.• CITY and DISxRtCT shall work ,jointly in the planning of the park
facility And programs to insure that the: property and recreation program used
are developed to the bet iaterent of both part:ien.
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5. CUT agrees, prior to the construct -.on of proposed facilities,
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which includes a portion of DISTRICT'S site, to consult with DISTRICT on all
construction schedules. Construction shall begin at a time when funds becoma
available and actual construction will not interfere with the educs;tional pro-
cesses of DISTRICT, CITY agrees to pay all costs of construction and develop-
mert of the portion cf the site to be used for park purposes, and to repair any
damage to DISTRICT'S sprinkler system, playground equipment and/or other
district facilities or equipment,. caused by reason of CITY developing site.
CITY agrees to consult with DISTRICT as to the typo and specifications of
equipment and facilities to be constructed on said site. Any buildings con-
structed by CITY shall meet all standards required by the Education Code.
Theis location and design is subject to approval by DISTRICT.
6. City shall have the responsibility for the efficient operation
of a jointly -approved park program. The park and facilities shall be open on
i equal terms to all residents of CITY and DISTRICT. Use of the facilities by
DISTRICT shall be without fee, .and arty operating expenses will be borne by CITY
7. CITE' agrees that it -will maintain at iti cost, the designated
park site in an attractive mrnner as approved by DISTRICT,.and will use all
approved methods ctecessary to achieve and maintain said park site so as to be
an asset to'the neighborhood.' Thtt portion of all utilities used by CITY shall
be raid by CITY.
8. CITY shall name DISTRICT as coinsured in its liability.pol.icy
and shall save and hold DISTRICT harmless from any or all claims or causes of
action for injury to persons, including death, or damage to property resulting
from or which may arise by reason of any dangerous or defective condition of
equipment or other improvements installed or constructed by CITY, on property
owned by DISTRICT, or a failure to maintain said equipment and improvements
installed or constructed by CITY in a safe condition or which might arise from
activities supervised by employees of CITY OR DISTRICT. Initially, this
liability policy shall be not'leas than One Million Dollars ($1,000,000,00).
The adequacy of this amount shall be reviewed every five (S) years. DISTRICT
slim.] save and hold CITY harmless Tram any or all claims er causes of action for
injury to persons, including death, or damaga to property resulting from )r
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which may arise by reason of any dangerous or detective condition of equipment
or other improvements installed or constructed by DISTRICT on property owned by
DISiRICr, or a failure to maintain s,,:id equipment and improvements installed or
constructed by DISTRICT in a safe condition or which might arise from activi-
ties supervised by employees of CITY or DTSTP.ICT.
9. This Joint Development - Co=unity Recreation Agreement may be
terminated by either party at any- t{me and for any reason upea 160 days'
written notice to the other:, termination to be effective June 30 of a fiscal
year. If DISTRICT desires to exercise its right to terminate this agreement,
DISTRICT shall reimburse CITY for the {mprovements Placed on the site by CITY
in an amount .Equal to tha �._-eciated value of said improvements as of the date:
the cancellation is to be effective. In the event the parties cannot: agree
upon the depreciated value of the improvements, such value will be determined
by an independent appraiser appointed by, and satisfactory to, DISTRICT and
CITY, The expense of such npraisal shall be borne equally by both parties.
In the event the parties shal_ agree upon said appraiser, the presiding
judge of the Superior Court for tlit_ ''-ate. of California, County of Orwage,
shall appoint the appraiser.
In the event CITY chooses to exec, '.g right to terminate this
agreement, all improvements placed on the site she. rove the property of
DISTRICT without the necessity oi'formal documentation c-r_sfer. Should
DISTRICT not want such improvements, CITY shall. remove said imi. •ments within
six (6) months or less and return the site to its original condition insofar as
possible. Upon any cancell ration of this .agreement, C]TY shall remove all
personal property belonging to CITY. CITY'S liability insurance shall be
written to cover any cancellation period until buildings are removed or title
is received. by DISTRICT,
10, All. structures constructed on the site and all personal property
placed or installed thereon by CITY and owned by CITY shall remain the property
of CITY. At the termination of this agreement, CITY shall remove from the Fite
all structures and personal property belonging to CITY and shall Tatum the:
sire.to its,originrl condition insofar as possihlc unless DISTRICT indicntan
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itr, desire, within thirty days after such teMi.nitior, L assumd title to such
improvements, in which ca3a title thereto shall vent in Dla',RICT withou : the
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necessity of formal documentation of transfer.
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11. DIS TRIM, treserves the right to establiab the hours of uaE
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caes a conflict arises be",een the comunitf reczeation program and "tee e. :a-
tiona? program of DISTRICT. -
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12. If the site or .improvements theMeon are destroyed by fire
earthquake, flood, starin or other: casur.'.ty beyond the control of the partie8
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hereto to such an extent that they cannot reatared :o their. previous
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condition within 120 days after the: ca:3ualry, CITY shell have the option to
restore the site aad improvamdr.,ty thero2n to :heir condifi, „t as of the date a;
the casualty. In the event CITY does .ot: ele: t to perform such restoration,
this agreement shall treiminate and CITY shall remove all Improvements $nd
personal property from the site and return the site to its original condAtIony
unless otherwise mutually agraud. If the site and improvements ,are deFtr.oyed
by Any of the causes eni merated above and in the event Lhe.y �,,ar_ be r-;sf.orf.J
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j within 120 days after the casualty, Clif shall ;:entore tt aia as von n as fe: cibl.e
and tlx : agreement Shull contim.:- Im full force and r1fact.
IN WITNESS WHEi{EOr, Cl •Y, by order oZ its Clity Council; tits
this Joint Development a Community. Recreation AF, -eemenr to be, exezute:; ou 1-1--c
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