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HomeMy WebLinkAboutHBUHSD - Huntington Beach Union High School District - 2002-08-19(17) May 1, 2000 - Council/Agency Agenda - Page 17 F-2. (City Council) Approve a Joint Use Agreement with Huntington Beach High Union School District Specifically for Future Aquatic Facilities at Huntington Beach Union High School and Ocean View High School — Approve Reciprocal Indemnification Obligations (600.10) — Communication from the Community Services Director recommending approval of a 25 year joint use agreement with the Huntington Beach Union High School District to provide swim lessons and recreational swimming at Huntington Beach Union High School and Ocean View High School if and when these pool facilities are built. Recommended Action: Motion to: (1) Approve the 25-year Joint Use Agreement Between Huntington Beach Union High School District and the City of Huntington Beach for the Future Swimming Pools at Ocean View High School and Huntington Beach High School and authorize the Mayor and City Clerk to execute same; and (2) Approve the reciprocal indemnification obligations between the city and district as noted in the agreement. [Approved 7-0] [Plus direct the subject of Aquatic Facilities at HBHS & OVHS be put on the Intergovernmental Relations Committee Agenda] G. Ordinances G-1: Ordinances for Adoption G-1a. (City Council) (Continued from 4/17/00) Approve Adeptiea Introduction as Amended of Ordinance No. 3459 Amending H.B.M.C. Relating to Parking Meters (340.20) - Adeo Introduced as amended Ordinance No. 3459 -An Ordinance Of The City Of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 10.60.20 thereof Relating to Parking Meters." Submitted by the Administrative Services Director. (Introduction approved as amended on April 3, 2000.) Recommended Action: After City Clerk Reads by title, adopt Ordinance No. 3459 by roll call vote. [Approved 7-0 as amended to reduce parking meter rate to $1.50 per hour] G-1 b (City Council) Approve Adoption of Ordinance No. 3455 - Zonina Text Amendment No. 99-2 — City -Wide Small Lot Residential Development Ordinance To Establish Development Standards (450.20) - Ordinance No. 3455 - "An Ordinance of the City of Huntington Beach Amending the Zoning Map of the Huntington Beach Zoning and Subdivision Ordinance to add Standards for Small Lot Developments (Zoning Text Amendment No. 99-2)." Submitted by the Planning Director. Public hearing and introduction approved on 4/17/00. Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3455 by roll call vote. [Adopted 7-0] FOB CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT. AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: October 3, 2002 TO: Huntington Bch. Union High Sch. Dist. ATTENTION: Patricia Koch, Ph.D: Name 10251 Yorktown Avenue DEPARTMENT: Street Huntington Beach, CA 92646 REGARDING: Joint Use Agreement City, State, Zip Field & Light Use @ Marina H.S. See Attached Action Agenda Item E-2 Date of Approval 8/ 19 / 02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: .. Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other CC: R. Hagan Com. Serv. x x X Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance ( Telephone: 714-536-5227 ) lo 70)r) - 91 �A 41vj w*i v Council/Agency Meeting Held: 0841- 62 Deferred/Continued to: Approved ❑ Conditio ft Approved ❑ Denied Cit Jerk's Mgnature Council Meeting Date: August 19, 2002 Department ID Number: CS02-031 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION q 4 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrat ,r09-b PREPARED BY: RON HAGAN, Director, Community ServiceA -. -;=7 c, 7 C-, SUBJECT: APPROVE JOINT USE AGREEMENT WITH HUNTINGTON EfLACH UNION HIGH SCHOOL DISTRICT FOR FIELD AND LIGHT USE AT MARINA HIGH SCHOOL Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The city has prepared a joint use agreement with the Huntington Beach Union High School District for the sharing of sports on lighted fields at Marina High School for youth sports. Funding Source: N/A; construction has been completed using $450,000 in Park Acquisition and Development mitigation funds from the Catellus Meadowlark residential development project Recommended Action: Motion to: Approve the Joint Use Agreement with Huntington Beach Union High School District for Field and Light Use at Marina High School subject to the Huntington Beach Union High School District Board of Trustees approval, and authorize the Mayor and City Clerk to execute same. Alternative Action(s): Do not approve the joint use agreement with Huntington Beach Union High School District for field and light use, and give staff direction on different hours and conditions of use, and renegotiate the joint use agreement with the school district. Analysis: In June, the city completed the construction of field lights at Marina High School per the previous agreement with the Huntington Beach Union High School District for the lighting of high school fields for use by youth sports organizations. The lighting of Marina High School fields has been accomplished to mitigate the impact on youth sports fields from the residential development of the Catellus project at the former Meadowlark Airport. The (Attachment 1) agreement outlines the hours of use, level of maintenance, and types of sports uses allowed on the lighted fields at Marina High School. RERUEST FOR COUNCIL ACTI00 MEETING DATE: August 19, 2002 DEPARTMENT ID NUMBER: CS02-031 Staff has negotiated this agreement with representatives from the high school district and Marina High Athletic Department for the benefit of AYSO, Little League, and Junior All American Football. This first phase of the lighting agreement lights football/soccer fields. In the future, as funds become available, staff would like to proceed with lighting additional athletic field areas. Under the terms of the agreement, the district will provide its normal field maintenance for school programs. Youth groups will provide, through the city, additional funds to maintain the fields so that there is no adverse impact to field conditions as a result of such use. This improvement of an existing school field to maximize the use of sports fields also meets one of the eight recommendations identified in the 2000 Community Sports Facilities Inventory and Needs Assessment Study. The Huntington Beach Union High School Board of Trustees is scheduled to approve the joint use agreement at its August 27 meeting. Staff is recommending Council approval of the agreement subject to the board's action. Environmental Status: Already completed for the lighting portion. Attachment(s): RCA Author: RH:cr G:\RCA12002102-031 Marina High Field and Lights Agreement.doc -2- 8/7/200210:40 AM ATTACH MENT 1 • • JOINT USE AGREEMENT BETWEEN HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND THE CITY OF HUNTINGTON BEACH FOR FIELD AND LIGHT USE AT MARINA HIGH SCHOOL THIS JOINT USE AGREEMENT ("Agreement") is made and entered into this 19th day of August 2002 by and between the Huntington Beach Union High School District (the "District"), and the City of Huntington Beach (the "City"), both of whom shall be individually and collectively referred to as the "Party". or "Parties," and is based upon the following: RECITALS WHEREAS, the City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City; WHEREAS, the District is a school district duly organized and operated under the laws of the State of California; WHEREAS, Section 10900 et seq. of the Education Code of the State ' of California authorizes cities and school districts to organize, promote and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults in California; Page 1 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 WHEREAS, Marina High School (the "School") is within the jurisdiction of the District; I WHEREAS, the City has provided in -lieu park funds to install lights (the "Lights") on certain fields at the School (the "Fields") and the Lights have been constructed; WHEREAS, in order to jointly use the Fields and Lights, the City and the District are willing to share the costs and responsibilities for the use and maintenance as set forth in this Agreement, based on the annual schedule set forth in Subsection 1.1 below; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: AGREEMENT SECTION 1 JOINT USE OF FIELDS AND LIGHTS 1.1 Apportionment of Use. In general, the use of the Fields and Lights shall be apportioned according to the following annual schedule, with the understanding that the. Parties may mutually agree in writing to changes for any given year during the annual review of the following annual -schedule. YEAR AROUND (Monday through Friday, including Winter, Spring and Summer Breaks) a. 6:00 p.m. to' 10:00 p.m.: use by the City., During all times of the City use, the City in its sole discretion, subject to the District's use policies, has the authority to allocate use of the Fields and Lights to any Page 2 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 youth groups and/or City -sponsored programs. During all times of the District use, the District in its sole discretion, has the. authority to allocate use of the Fields and Lights to any groups and/or District -sponsored programs. 1.2 Schedulingof f Use. Based on the annual schedule set forth in Subsection 1.1 above, the Parties shall mutually establish a written system to provide for the coordination and scheduling of the use of the Fields and Lights. Such system shall include a procedure for reserving the use of the Fields and Lights. The City and the District further agree that the annual review shall be on or about June 1st of each year, and use of the Fields and Lights shall be reviewed to determine if any revisions to the Agreement are required for the upcoming year, beginning in September and continuing through August �of the following year. If the District changes to a� year-round school schedule, the Parties agree to cooperate with each other to re -negotiate an annual schedule. 1.3 Restrooms. The City shall provide additional portable restrooms, and the maintenance and removal thereof, if the Parties mutually agree in writing that there is a need for such restrooms due to the impact on the existing School and Marina Park restrooms caused by the. increased use of the Fields. 1.4 Parking. The District shall allow public access to all of the School'.s general parking lots during all times of the City's use of the Fields. SECTION 2 MAINTENANCE AND ELECTRICITY COSTS TO OPERATE THE LIGHTS 2.1 Maintenance. The District agrees to provide at no cost to the City the same level of maintenance for the upkeep of the Fields as was provided prior to allowing Page 3 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 the City_'s joint use of the Fields. The Parties shall mutually agree in writing to this baseline level of maintenance as well as the additional level of maintenance. The City shall bear the direct costs associated with the additional maintenance caused by the additional City -authorized public use of the Fields and Lights. The City may collect fees and shall insure that the City -authorized groups shall be responsible for any costs incurred by the District to maintain the Fields and Lights and other agreed upon improvements due to the City -authorized groups' use of the Fields. The District shall keep accurate records of all costs described above and invoice the City annually in arrears for only those costs agreed to under the terms and conditions of this Agreement. In addition, the Parties shall review the maintenance costs annually in conjunction with the review of the annual schedule for joint use to determine if any revisions to the Agreement are required for the upcoming year. With the exception of this maintenance cost, the District waives all facility use and others fees associated with the City and City - authorized use of Fields and/or Lights. With respect to electricity costs to operate the Lights, each Party shall pay the electricity costs to operate the Lights during its periods of use. The Parties shall mutually agree in writing to a system to allocate the electricity costs during periods of use of any of the Lights by one Party during the other Party's scheduled -use times. Each Party shall be responsible to pay all costs for repairs for the Fields and/or . Lights resulting from damage directly caused by the specific Party's actions. 2.2 Acts of God. If the Fields and/or Lights are damaged or destroyed by an act of God, including but not limited to occurrences such as earthquake, flood, _fire or storm, the Parties shall mutually agree in writing as to what action, if any, shall be taken Page 4 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 to restore and/or repair the Fields and/or Lights. In the event that an act of God partially or totally destroys or damages the Fields and/or Lights, the District shall be responsible to take appropriate action to abate any resulting dangerous condition(s). The City shall share any costs incurred by the District to abate the dangerous condition(s) upon terms mutually agreed to in writing between the Parties. 2.3 Closure for Maintenance. Any maintenance procedure, which shall require the temporary closure of the Field(s) and/or non-use of the Light(s)for more than twenty-four (24) hours, shall occur at times mutually agreed upon in writing between the Parties. The Parties shall establish times for this.,purpose as part of:the mutually agreed annual schedule. The District shall notify the City in writing as soon as possible if danger to public health and/or safety demands an emergency closure SECTION 3 TERM/EXTENSIONS/OBLIGATIONS OF THE CITY 3.1 Initial Term. The initial term of this Agreement shall be for a period of twenty-five (25) years commencing on the date this Agreenient'is fully executed by the Parties (the "Initial Term"). Either Party has the right in its sole discretion to terminate this Agreement after the Initial Term with or without cause by providing one hundred eighty (180) days prior written notice to the other Party. In addition, either Party may terminate this Agreement at any time if the other Party breaches a material term of this Agreement and such breach is not cured within one hundred eighty (180) days of receipt of written notice of such breach from the non -breaching Party, or such longer period as may be reasonably necessary under the circumstances. Finally, the Parties understand and agree that the District and City are subject to Page 5 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 the debt limitation restrictions set forth in Article XVI, Section 18 of the California Constitution. The District or City may terminate this Agreement at any time with ninety (90) days prior written notice, if the District or City determines that it is in violation of Article XVI-, Section 18-of the California Constitution or that its indebtedness or liability in any manner or for any purpose exceeds in any year the income and revenue provided for such year. If that occurs, the District or City shall pay its share of the maintenance for . the Fields and the electricity costs for the Lights up to the date of termination. 3.2 Extension. On the expiration of the Initial Term or any subsequent terms, the term of this Agreement shall be extended for an additional five (5) year term unless written notification of cancellation of this Agreement is given by one or both Parties no less than one hundred eighty (180) days prior to the. expiration- of the Initial Term or any subsequent terms.. . SECTION 4 OWNERSHIP OF THE FIELDS AND LIGHTS The District owns and holds title to the School and the Fields, upon which the Lights have been constructed. The District'shall own and hold title to the Lights. SECTION 5 INDEMNIFICATION/INSURANCE 5.1 District's Obligation of Indemnification. Neither the City nor any officer, elected or appointed official,- employee; or volunteer,. of the. City shall'- be responsible for any personal injury or property damage or liability occurring by reason of any negligent act(s), negligent omission(s) or intentional act(s) on the part of the District, its officers, elected or appointed officials, employees, agents or volunteers in connection with this Agreement. Additionally, the District shall fully indemnify,. defend and hold the - City, its officers, elected or appointed officials, employees, and volunteers harmless from Page 6 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 and against any liability imposed as a result of any negligent act(s), negligent omission(s) or intentional act(s) on the part of the District, its officers, elected or appointed officials, employees, agents, or volunteers in connection with this Agreement. 5.2 City's Obligation of Indemnification. Neither the District nor any officer, elected or appointed official, employee, or volunteer of . the District shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent act(s), negligent omission(s) or intentional act(s) on the part of the City, its officers, elected or appointed officials, employees, agents, or volunteers in connection with this Agreement. Additionally, the City shall fully indemnify, defend and hold the District, its officers, elected or appointed officials, employees, and volunteers harmless from and against any liability imposed as a result of any negligent act(s), negligent omission(s) or intentional act(s) on the partof the City, its officers, elected or appointed officials, employees, agents, or volunteers in connection with this Agreement. 5.3 District's Insurance Obligations. The District shall maintain general liability insurance, which may be through a program of self-insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence for the entire Initial Term of this Agreement and any extensions thereof. Such insurance shall name the City, its officers, elected or appointed officials, employees, agents, and volunteers as additional insureds; shall be primary with respect to insurance or self- insurance programs maintained by the City; and shall contain standard separation of insureds provisions. The District shall. furnish properly executed certificates of insurance or self- insurance to the City within thirty (30) days of entering into this Agreement, which Page 7 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to the City. 5.4 City's Insurance Obligations. The City shall maintain general liability insurance, which may be through a program of self-insurance, with a combined single limit of not less -than One Million Dollars ($1,000,000) per occurrence for the entire Initial Term of this Agreement and any extensions thereof. Such insurance shall name the District, its Governing Board, its officers, elected or appointed officials, employees, agents, and volunteers as additional insureds; shall be primary with respect to insurance or self-insurance programs maintained by the District; and shall contain standard separation of insured's,provisions. The City shall furnish properly executed certificates of insurance or self-insurance to the District within thirty (30) days of entering into this Agreement, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to the District. SECTION 6 GENERAL PROVISIONS 6.1 Notice. Every notice, demand, request, designation, consent, approval or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or .other reputable overnight courier, or sent by certified United States Mail (postage prepaid, return receipt requested), to the addresses set forth below or to such other addresses as the Parties may designate from time to time: Page 8 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 If to District: Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach, California 92646 Attention: Patricia Koch, Ph.D., Assistant Superintendent If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Ron Hagan, Director, Community Services Written notice served shall be effective upon receipt. Each Party may, change its address (and addressee) for notice purposes by notifying the other Party of this change pursuant to the notice procedures set forth in this Subsection. 6.2 Covenants and Conditions. Each term and each provision of this Agreement performable by either Party shall be deemed both a covenant and a condition. 6.3, Interpretation of this Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement; the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no right to contract, then the latter shall prevail, and Page 9 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 6.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -breaching Party on any breach shall impair such right or remedy or be construed as a waiver. The City's consent to or approval of any action by the District requiring the City's consent or approval shall` not be deemed to waive or render unnecessary the City's consent to or approval .of any subsequent act of the District. The District's consent to or approval of any action by the City requiring the District's consent or approval shall not be deemed to waive or render unnecessary the District's consent to or approval of any subsequent act of the City. Any waiver. by either Party of any breach must be in writing and shall not be a waiver of any other breach concerning the same or any other provision of this Agreement. 6.5 Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and.assigns of.the Parties to this Agreement. 6.6 Section Headings. The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections and subsections in this Agreement are merely 'descriptive' and are included solely for convenience of reference only and - are not representative of matters included or excluded from such provisions, and 'do not` interpret, define, limit or describe, or construe the intent of the .Parties or affect the construction or interpretation of any provision of this Agreement. 6.7 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. Page 10 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 • 1 • 6.8 Attorney's Fees. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each Party shall bear its own attorney's fees, such that the prevailing Party shall not be entitled to recover its attorney's fees from .the non -prevailing Party. 6.9 Survival. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 6.10 Duplicate Original. The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 6.11 Resolution of Disputes. Before filing any lawsuit, the Parties shall attempt to informally resolve any dispute(s) between the Parties under this Agreement through informal resolution by the following parties and in the following order:, (1) the District's Assistant Superintendent, Business Services and the City's Director of Community -Services; (2) the -District Superintendent and the City Administrator; (3) a committee of both the District's Board of Trustees and the City Council; (4) the District's Board of Trustees and the City Council. 6.12 Entire Agreement. The Parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to Page 11 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 r .• executing this Agreement. The Parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that Party or anyone acting on that Party's behalf, which are not embodied in this Agreement, and that that Party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or, circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the Parties respecting the subject matter of this Agreement, and supercedes all prior understandings and agreements whether oral or in writing between the Parties respecting the subject matter hereof. This Agreement may not be modified, altered or amended, except in a writing executed by the Parties. [SIGNATURES ON NEXT PAGE] Page 12 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 IN WITNESS WHEREOF, the City and the District have executed this Agreement in one or more counterparts which, taken together, shall constitute 'one Agreement as of the date indicated above. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT Superintendent ATTEST: yu4c' Clerk, Board bf Trustees 7AP 7D;0 FORM: egal S ice Page 13 of 13 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: ":City Clerk a9 •)Z"-aZ APPROVED AS TO FORM:. 6ity Attorney Q / -,) -O '� INITIATED APPROVED: Director eCornmunity Services REVIEWED AND APPROVED: City dministrator_ g:/Agreements/2002/Marina High School Field Use-1/8/l/02 .3 25— E —02 ; 1 0 : 38 ; CONOCO LAFIrTTE - 372692093 # 2/Q I�J� CM q` 'W In45A vim . 0 EVIDENCE OF COVEkk-61K Huntington Beath Union High School Di; trict ME190R.ANDUM NUMBER: 78 This Evi, hence of Coverage is used as a matter of in: ormation only and confers no rights upon the Certificate Holder. Thi ; ividence of Coverage does not upend, extend, or alter the coverage afforde i by the memoranda listed below. CERTIFICATE HOLDER INFORMATION {City of Huntington Beach APPROVED AS TO FORM V Attn: Ron Hagan GAIL HUTTON, City Attorney/ Director, Community Services B Deputy City Attorney 2000 Main Street M,9 3 Huntington Beach, CA 92648 over -age Period: Effective: 7-1-02 Expires 12:01 a.m.: 7-1-07 (a cancellation, whichever occtu This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on i tsurance listedbelow have beet. issued to the Covered Party named above (or the period indicated. Notwithstanding any requirement, term, or a )n lition of any contract or other t ocument with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded l -y the Memorandum of Coverage'. described herein are subject to all the term;, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE G;neral Liability LIMIT OF LIABILITY/COVER kGE $1,000.000 Combined Single Limit Per Occurrence Should w y of the above coverages for the Covered ?arty be changed or withdrawn prior to the expiration date issued abr v :, ASCIP will mail 30 days writt!n notice to the Certificate Holder, but failu:•r to mail such notice shall impose no obligation or liability of any kind u mn ASCIP, its agents, or represe atatives. If you have any questions, contact Ms. P; mla Chu Tanguay, Chief Administrative Officer ASCIP - 12750 Center Court Drive - Suite 220 - . Cerritos. CA 90703 - (562) 403-4640 Authoi ized Representative: _ Date Issued: 9-9-02 0/01 * ASCIP i s ajoint powers authority pursuant to Articl-: 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code and 4ections 39603 and 81603 of the Education Code. Rev 5-97 78-02103='.00 l Wance of 31chools for Cooperative Insurance Programs 12750 Center 1:ourt Drive, Sulu 220, Cerritw, CA 90703 (562) 403.4640 ~25- 9-02;10:38 ; CONOCO LAFJTTE 0.3372692093 Aidditiontal, Covered Party. Endorse Distrit -t: Huntington Beach Union High School District Endor 78-0 Additional Covered Party: Description of Operations, Vehlcl( City of H intington Beach, its officers, elected or appointed officials, smployees, agents and volunteers As respects joint use agreement for Marina High S, Cover, ige Period: Effective:: 7-1-02 Expires 12:01 a.m.: 7-1-07 c cancellation, whichever occt 3, ;ment No. V03-20A or Property:. I ool Lights I upon I s first The coves age provided to the Covered Party is h,:reby extended by this endorsement to the Additional Covered I ty named above in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hemb ✓ applies only with respect tc liability arising out of activities in die Description of Operations, Vehicle, or Property noted abo n . It is intended by ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditior s of the MOC to the Additiona I Covered Party named above only to the extent that the Additional Covered Party faces liability a-i: ing out of claims, demands, or lawsuits claiming money damages can account of bodily injury or property damage as defined and'. it sited in the ASCIP MOC. Tl a limits of liability extended to the Acditional Covered Party listed above is $1,000,000 per occurrence for liability. Such coverage irovided to the Covered Party shall b! primary with respect to insurance or self-insurance prograrr s maintained by the Additiona . Covered Party. ePPHOVED AS TO FORM. -I GAIL HUTTON, City Atto=0.7 By: Deputy City Attorney �� ,a &A f ©bl r, Authori zed Representative: _ Date Iss Lied: 2:2M ASCIP is a joint powers authority pursuant to Article 1 (commencingrS--ti,, 6500) of apter 5 of Division 7 of Title 1 o'the Government Code and S :coons 39603 and 81603 of the Education Code. Rev 5/97 r E7.1 VC-2N A\-Iliance of :►chools for Cooperative Insurance Programs 12750 Center Court Drive, SWk 220. Cerritos, CA 90703 (562) 403.4640 • • JOINT USE AGREEMENT BETWEEN HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND THE CITY OF HUNTINGTON BEACH FOR FIELD AND LIGHT USE AT MARINA HIGH SCHOOL b,-'Ilopy Li Nor-k"'Jo Ns 4A 191 rva4r,& Q mj .- THIS JOINT USE AGREEMENT ("Agreement") is made and entered into this day of 2002 by and between the Huntington Beach Union High School District (the "District"), and.the City of Huntington Beach (the "City"), both of whom shaJ1 be individually and collectively referred to as the "Party" or "Parties," and is based upon the following: RECITALS WHEREAS, the City. is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter, of the City: WHEREAS, the District is a school district duly organized and operated under the laws of the State of California; WHEREAS, Section 10900 et seq. of the Education Code of the State of California authorizes cities and school districts to organize, promote and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults in California; Page 1 of 13 g:/Agreements/2002/Marina High School Field Use 1/8/1/02 WHEREAS, Marina High School (the "School") is within the jurisdiction of the District;. WHEREAS, the City has provided in -lieu park funds to install lights (the "Lights") on certain fields at the School (the "Fields") and the Lights have been constructed; WHEREAS, in order to jointly use the Fields and Lights, the City and the District are willing to share the costs and responsibilities for the use and maintenance as set forth in this Agreement, based on the annual schedule set forth in Subsection 1.1 below; NOW, THEREFORE, in consideration of the- mutual promises and covenants herein contained, the Parties agree as follows: AGREEMENT SECTION 1 JOINT USE OF FIELDS AND LIGHTS 1.1 Apportionment of Use. . In general, the use of the Fields and Lights shall be apportioned according to the following annual schedule, with the understanding that the Parties may mutually agree in writing to changes for any given year during the annual review of the following annual schedule. YEAR AROUND (Monday ..through Friday, including Winter, Spring and Summer Breaks) a. 6:00 p.m. to 10:00 p.m.: use by the City. During all times of the City use, the City in its .sole discretion, subject to the District's use policies, has the authority to allocate use of the Fields and Lights to any Page 2 of 13 0:/Agreements/2002/Marina High School Field Use-1/8/I/02 i youth groups and/or City -sponsored programs. During all times of the District use, the District in its sole discretion, has the authority to allocate use of the Fields and Lights to any groups and/or District -sponsored programs. 1.2 Schedulingof f Use. Based on the annual schedule set forth in Subsection 1.1 above, the Parties shall mutually establish a written system to provide for the coordination and scheduling of the use of the Fields and Lights. Such system shall include a procedure for reserving the use of the Fields and Lights. The City and the District further agree that the annual review shall be on or about June 1st of each year, and use of the Fields and Lights shall be reviewed to determine if any revisions to the Agreement are required for the upcoming year, beginning in September and continuing through August of the following year. If the District changes to a year-round school schedule, the Parties agree to cooperate with each other to re -negotiate an annual schedule. 1.3 Restrooms. The City shall provide additional portable restrooms, and the maintenance and removal thereof, if the Parties mutually agree in writing that there is a need for such restrooms due to the impact on the existing School and Marina Park restrooms caused by the increased use of the Fields. 1.4 Parking. The District shall allow public access to all of the School's general parking lots during all times of the City's use of the Fields. SECTION 2 MAINTENANCE AND ELECTRICITY COSTS TO OPERATE THE LIGHTS 2.1 Maintenance. The District agrees to provide at no cost to the City the same level of maintenance for the upkeep of the Fields as was provided prior to allowing Page 3 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/l/02 the City's joint use of the Fields. The Parties shall mutually agree in writing to this baseline level of maintenance, as well as the additional level of maintenance. The City shall bear the direct costs associated with the additional maintenance caused by the additional City -authorized public use of the Fields and Lights. The City may collect fees and shall insure that the City -authorized groups shall be responsible for any costs incurred by the 'District to maintain the Fields and Lights and other agreed upon improvements due to the City -authorized groups' use of the Fields. The District shall keep accurate records of all costs described above and invoice the City annually in arrears for only those costs agreed to under the terms and conditions of this Agreement. In addition, the Parties shall review the maintenance costs annually in conjunction with the review of the annual schedule for joint use to determine if any revisions to the Agreement are required for the upcoming year. With the exception of this maintenance cost, the District waives all facility use and others fees associated with the City and City - authorized use of Fields and/or Lights. With respect to electricity costs to operate the Lights, each Party shall pay the electricity. costs to operate the Lights during its periods of use. The Parties shall mutually agree in writing to a system to allocate the electricity costs during periods of use of any of the Lights by one Party during the other Party's scheduled -use times. Each Party shall be responsible to pay all costs for repairs for the Fields and/or Lights resulting from damage directly caused by the specific Party's actions. 2.2 Acts of God. If the Fields and/or Lights are damaged or destroyed by an act of God, including but not limited to occurrences such as earthquake, flood, fire or storm, the Parties shall mutually agree in writing as to what action, if any, shall be taken Page 4 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/I/02 to restore and/or repair the Fields and/or Lights. In the event that an act of God partially or totally destroys or damages the Fields and/or Lights, the District shall be responsible to take appropriate action to abate .any resulting dangerous condition(s). The City shall share any costs incurred by the District to abate the dangerous condition(s) upon terms mutually agreed to in writing between the Parties. 2.3 Closure for Maintenance. Any maintenance procedure, which shall require the temporary closure of the Field(s) and/or non-use of the Light(s) for more than twenty-four (24) hours, shall occur at times mutually agreed upon in writing between the Parties. The Parties shall establish times for this purpose as part of the mutually agreed annual schedule. The District shall notify the City in writing as soon as possible if danger to public health and/or safety demands an emergency closure. SECTION 3 TERM/EXTENSIONS/OBLIGATIONS OF THE CITY 3.1 Initial Term. The .initial term of this Agreement shall be for a period of twenty-five (25) years commencing on the date this Agreement is fully executed by the Parties (the "Initial Term"). Either Party has the right in its sole discretion to terminate this Agreement after the Initial Term with or without cause by providing one hundred eighty (180) days prior written notice to the other Party. In addition, either Party may terminate this Agreement at any time if the other Party breaches a material term of this Agreement and such breach is not cured within one hundred eighty (180) days of receipt of written notice of such breach from the non -breaching Party, or such longer period as maybe reasonably necessary under the circumstances. Finally, the Parties understand and agree that the District and City are subject to Page 5 of 13 0:/Agreements/2002/Marina High School Field Use-1/8/I/02 11 the debt limitation restrictions set forth in Article XVI, Section 18. of the California Constitution. The District or City may terminate this Agreement at any time with ninety (90) days prior written notice, if the District or City determines that it is in violation of Article XVI, Section 18 of the California Constitution or that its indebtedness or liability in any manner or for any purpose exceeds in any year the income and -revenue provided for such year. If that occurs, the District or City shall pay its share of the maintenance for the Fields and the electricity costs for the Lights up to the date of termination. 3.2 Extension. On the expiration of the Initial Term or any subsequent terms, the term of this Agreement shall be extended for an additional five (5) year term unless written notification of cancellation of this Agreement is given by one or both Parties no less than one hundred eighty (180) days prior to the expiration of the Initial Term or any subsequent terms. SECTION 4 OWNERSHIP OF THE FIELDS AND LIGHTS The District owns and.holds title to the School and the Fields, upon which the Lights have been constructed. The District shall own and hold title to the Lights. SECTION 5 INDEMNIFICATION/INSURANCE 5.I District's Obligation of Indemnification. Neither the City nor any officer, elected or appointed official, employee, or volunteer of the City shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent act(s), negligent omission(s) or intentional act(s) on the part of the District, its officers, elected or .appointed officials, employees, agents or volunteers in connection with this Agreement. Additionally, the District shall fully indemnify, defend and hold the City, its officers, elected or appointed officials, employees, and volunteers harmless from Page 6 of 13 g:/Agreements/2002/Marina High School Field Use-I/8/1/02 and against any liability imposed as a result of any negligent act(s), negligent omission(s) or intentional act(s) on the part of the District, its officers, elected or appointed officials, employees, agents, or volunteers in connection with this Agreement. 5.2 City's Obligation of Indemnification. Neither the District nor any officer, elected or appointed .official, employee, or: volunteer of the District shall be responsible -for any personal injury or property damage or liability occurring by reason of any negligent act(s), negligent omission(s) or intentional act(s) on the part of the City, its officers, elected or appointed officials, employees, agents, or volunteers in connection with this Agreement. Additionally, the City shall fully indemnify, defend and hold the District, its officers, elected or appointed officials,. employees, and volunteers harmless from and against any liability imposed as a result of any. negligent act(s), negligent omission(s) or intentional act(s) on the part of the City, its officers, elected or appointed officials, employees, agents, or volunteers in connection with this Agreement. 5.3 District's Insurance Obligations. The District shall maintain general liability insurance, which may be through a program of self-insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence for the entire Initial Term of this Agreement and any extensions thereof. Such insurance shall name the City, its officers, elected or appointed officials, employees, agents, and volunteers as -additional insureds; shall be primary with respect to insurance or self- insurance programs maintained by the City; and shall contain standard separation of insureds provisions. The District shall furnish properly executed certificates of insurance or self- insurance to the City within thirty (30) days of entering into this Agreement, which Page 7 of 13 g:/Agreements/2002/Marina Nigh School Field Use-1/8/1/02 certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to the City. 5.4 City's Insurance Obligations. The City shall maintain general liability insurance, which may be through a program of self-insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence for the entire Initial Term of this Agreement and any extensions thereof. Such insurance shall name the District, its Governing Board, its officers, elected or appointed officials, employees, agents, and volunteers as additional insureds; shall be primary with respect to insurance or self-insurance programs maintained by the District; and shall contain standard separation of insured's provisions. The City shall furnish properly executed certificates of insurance or self-insurance to the District within thirty (30) days of entering into this Agreement, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to the District. SECTION 6 GENERAL PROVISIONS 6.1 Notice. Every notice, demand, request, designation, consent, approval or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, or sent by certified United States Mail (postage prepaid, return receipt requested), to the addresses set forth below or to such other addresses as the Parties may designate from time to time: Page 8 of 13 0:/Agreements/2002/Marina High School Field Use-1/8/l/02 E • If to District: Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach, California 92646 Attention: Patricia Koch, Ph.D., Assistant Superintendent If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Ron Hagan, Director, Community Services Written notice served shall be effective upon receipt. Each Party may change its address (and addressee) for notice purposes by notifying the other Party of this change pursuant to the notice procedures set forth in this Subsection. 6.2 Covenants and Conditions. Each term and each provision of this Agreement performable by either Party shall be deemed both a covenant and a condition. 6.3 Interpretation of this Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no right to contract, then the latter shall prevail, and Page 9 of 13 0:/Agreements/2002/Marina High School Field Use-1/8/1/02 the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 6.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -breaching Party on any breach shall impair such right or remedy or be construed as a waiver. The City's consent to or approval of any action by the District requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the District. The District's consent to or approval of any action by the City requiring the District's consent or approval shall not be deemed to waive or render unnecessary the District's consent to or approval of any subsequent act of the City. Any waiver by either Party of any breach must be in writing and shall not be a waiver of any other breach concerning the same or any'other provision of this Agreement. 6.5 Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the Parties to this Agreement. 6.6 Section Headings. The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections and subsections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the Parties or affect the construction or interpretation of any provision of this Agreement. 6.7 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. Page 10 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/2/02 6.8 Attorney's Fees. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each Party shall bear its own attorney's fees, such that the prevailing Party shall not be entitled to recover its attorney's fees from the non -prevailing Party. 6.9 Survival. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 6.10 Duplicate Original. The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 6.11 Resolution of Disputes. Before filing any lawsuit, the Parties shall attempt to informally resolve any dispute(s) between the Parties under this Agreement through informal resolution by the following parties and in the following order: (1) the District's Assistant Superintendent, Business Services and the City's Director of Community Services; (2) the District Superintendent and the City Administrator; (3) a committee of both the District's Board of Trustees and the City Council; (4) the District's Board of Trustees and the City Council. 6.12 Entire Agreement. The Parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to Page 11 of 13 gIN-reements/2002/Marina High School Field Use-1/8/l/02 executing this Agreement. The Parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral, or otherwise, have been made by that Party or anyone acting on that Party's behalf, which are not embodied in this Agreement, and that that Party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the Parties respecting the subject matter of this Agreement, and supercedes all prior understandings and agreements whether oral or in writing between the Parties respecting the subject matter hereof. This Agreement may' not be modified, altered or amended, except in a writing executed by the Parties. [SIGNATURES ON NEXT PAGE] - Page 12 of B g:%Agreements/2002/Marina Fligh School Field Use-1/8/I/02 • IN WITNESS WHEREOF, the City and the District have executed this Agreement in one or more counterparts which, taken together, shall constitute one Agreement as of the date indicated above. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT Superintendent ATTEST: Clerk, Board of Trustees APPROVED AS TO FORM: School Legal Services Page 13 of 13 g:/Agreements/2002/Marina High School Field Use-1/8/1/02 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: Mayor City Clerk APPROVED AS TO FORM: City Attorney g / INITIATED APPROVED: Director Community Services REVIEWED AND APPROVED: City Administrator 0 RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: JOINT USE AGREEMENT W/HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT FOR LIGHTING OF FIELDS AT MARINA HIGH SCHOOL COUNCIL MEETING DATE: August 19, 2002 Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full b the CityAttorne Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) . Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable. Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSLNG ATTACHMENTS; RCA Author: i File Notes Office of the City Clerk Huntington Beach, California f-Z