HomeMy WebLinkAboutHUNTINGTON BEACH CITY SCHOOL DISTRICT - 1980-10-06M
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A G R. E E M E N T
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This Agreement is made and entered into this, �'' day
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of C ata ?per' 1980, by and between the CITY OF HUNTINGTON
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BEACH, a municipal corporation, hereinafter referred to as "CITY" and the.
HUNTINGTON BEACH CITY SCHOOL DISTRICT, an educational institution of the
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State of Cali' ia, hereinafter re --,erred to as "DISTRICT,"
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WHEREAS, DISTRICT maintains and c,:erates Dwyer and Gisler schools, which
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schotols are located within the boundaries of CITY, and CITY and DISTRICT
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both desire to provide for the recreational programs of the people of CITY
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and DISTRICT, and DISTRICT has property available for recreational use,
WHEREAS, CITY and DISTRICT are empowered to enter joint powers
agreements by Chas,1�+� �er 5 of Division 7 if Title I Of the Government Code
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(Sec. 6500 et seq.) and the Community Recreation Act in Chapter 6 of
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Division 12 of Part 3 of the Education Code (Sec. 16651 et seq.) allows the
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use of DISTRICT properties' under such agreements, and
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'WHEREAS, My anc. DISTRICTdesire to improve the existing facilities
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hereinafter referred to as "FIELDS" owned by DISTRICT and existing or.
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DISTR1CT's Dwyer and Gisler Schools;
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NOW, THEREFORE. in consideration of the above, the parties agree as
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follows:
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1. CITY shall install a lighting system for the two multi -purpose
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FIELDS as outlined' on the attached Exhibits I and II CITY shall be
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responsible for maintaining said lighting systems and payment of all
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electrical c;arges. CITY shall' get DISTRICT's prior approval in writing
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before any modifiration is male.
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2. CITY shall pay all costs, including, but not limited tc;
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cunstructiun. modification of sp; inkler systems, retur'.ing and rc.narking of
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all FIELDS,, planning -nd nc-tallation of the- lighting system.
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3. DISTRICTI het.. -by grants to the CITY and its agents access and
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permission to come upon DISTRICT's property for the purposes only of
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construction and maint;nance of the facilities provided for herewithin. It
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is DISTRICT liability for
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urderstocc, between. parties that assumes no
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injury or damage causeu by whatever means, because of this Agreement.
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4. CITY and DISTRICT agree that either party shall not be liable for
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the act or acts of the other party or of its agents or employees and nothing
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herein contained shall be construed as creating the relationship of employer
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and employee or any form of agency between DISTRICT and CITY or its agents
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and employees. CITY and DISTRICT shO l be wholly responsible for the manner
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it which they perform the services enumerated herein CITY and DISTRICT
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agree, in any case of tort liability to be bound by the terms and conditions
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of Chapter 21 of Part 2 of Division 3.6 of Title I of the Government Code
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(coprienciing with Section 895).
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5. C'TY-,and DISTRICT agree that either or both parties may charge
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reasonable rates for Use of the-ae facil:tiesr the CITY charging for use of
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lights and the DISTRICT for use of 7IEL;DS.
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6. The CITY will be responsible for scheduling after school and
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weekend use of the FIELDS while ZISTRICT will schedule us. during school
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hours. All !.pse fees will be collected by CITY The fees for use of FIELDS
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without lights will be reimbursed to MSTRICT. ,.
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7. Tim^rs will be installed on the lighting systems and they will be
turned off no later than 10:30 p.m. each night of operation.
IN W?TNESS WHEREOF, the parties fig;-reto have executed this Agreement.
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By sxr
Cferk, City af.HuMngton Beach
By
E Eeputy ity Cl erk
APPROVED AS TO FORM: ^^
CITY OF HUNTINGTON BEACH
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Mayor
CitY GYM 4- POOL
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SECTIONAL DISTRICT MAP
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CITY
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
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MAP I8--6-10
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ORANGE COUNTY, CALIFORNIA
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REQUEST" FOR CITY COUNCIL ACTION
Submitted by lncent G. Moorhouse, Director Department Community Serviizes
Date Prepared Septemb*:r 25 , 49$0 Backup Material Attached 0 Yes E] No
Subjec-t SPORTS FIELD LIG'; tNG,_DWYER AND GISLER SCHOOL. FIELDS
City Administrator's Comments *:
Approve as recommme ,ded ,AtiPPROVEx> ^A ClT
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Statement of Issue, Recommendation, Analysis, Fundirg Source, Alternative Actions:
Statement of issues
The City'Co uncil allocated funds in the current budget for practice_ level lighting of Dwyer and
j Gisler school #ieltis for the primarybenefit of local children participating in All American
Football and Amercian Youth Soccer programs. Plane and specifications have been completed
and the attached agreement has been approved by the Huntin,ron Beach City School District,
Recommendations
Appwve .the attedied agreemrient between the Huntington Beach City School District and theK
City which permits fihe City to construct sports lighti.+ g facilities on seiiosol properties and
outhorize the plans and spc.-ificrationr for Dwyer, and Gisler ,school sports lighting be pu to
bid.
Ana! ss
Four pate lighting systems at both Dwyer'tind Gisler schools will provide better practice Nghting
with a modelinglactor for both you-xt football and soccer players, The number of players
needing lighted practice fields incrtosr~ annually as summer turns to ;all and daylight savings
fixie goes hack to standard tim* bringing darken;% upon us of 5t07 p.m
Funding, Source;
Park AccNialtion and Develgrxneritl=vnds in the budgeted amount of $58,000.
Alternative Actionss.
1. Require nrutchi oonstrwi ai funds f,)r All Amer can Football and American Youth
Socce ` orgoaiza4fons;
2 Pvttpone the lighting of the fields until 1981-8 . -`}
3. Corgi, the pw t.