HomeMy WebLinkAboutHuntington Beach City School District - 2024-02-20 (2) es ONG/ 2000 Main Street,
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EaLZ4?< Huntington Beach,CA
9264
Uw � s City of Huntington Beach APPROVED86-0-1
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File #: 24-120 MEETING DATE: 2/20/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Ashley Wysocki, Director of Community & Library Services
PREPARED BY: Carrie Gonzales, Management Aide
Subject:
Approve and execute a 5-year Recreation Facility Use Agreement between the City of
Huntington Beach and the Huntington Beach City School District for joint use of school
recreation facilities
Statement of Issue:
An existing Recreation Facility Agreement between the City of Huntington Beach (City) and
Huntington Beach City School District (District) for joint use of school recreation facilities is set to
expire on June 2, 2024. A new agreement is proposed to continue this joint use arrangement over
the next five years.
Financial Impact:
Not applicable.
Recommended Action:
Authorize the Mayor and City Clerk to execute and approve a Recreation Use Agreement between
the City of Huntington Beach and Huntington Beach City School District for joint use of school
recreation facilities.
Alternative Action(s):
Do not approve the Recreation Use Agreement and direct staff accordingly.
Analysis:
Since 1985, the City of Huntington Beach has had a Recreation Facility Use Agreement (Agreement)
between the City and various elementary school districts within the City, including the Huntington
Beach City School District (District). The current Recreation Facility Use Agreement with the District
will expire June 2, 2024. A new Recreation Facility Use Agreement has been prepared for joint use
of school recreation facilities with a term of five (5) years.
City of Huntington Beach Page 1 of 2 Printed on 2/15/2024
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File #: 24-120 MEETING DATE: 2/20/2024
As referenced in Exhibit A of the agreement, a total of nine (9) school facilities are included:
• Isaac L. Sower Middle School
• John H. Eader Elementary School
• Ralph E. Hawes Elementary School
• Huntington Seacliff Elementary School
• S.A. Moffet Elementary School
• Joseph R. Perry Elementary School
• John R. Peterson Elementary School
• Agnes L. Smith Elementary School
• Ethel R. Dwyer Middle School
The responsibilities of this new proposed Agreement include the following:
a. District may make available to City those certain school facilities listed in Exhibit "A" for
community recreational activities; shall have first priority and exclusive use of all School Facilities for
public school and educational program, activities, or recreational uses in conjunction with the
operation of each school site during regular public-school hours each day, including summer school.
b. City shall provide certain expendable material and supplies necessary for conduction
community recreational programs for all ages; City agrees to pay a pro rata share of the expenses for
all School Facilities utilized for community recreational programs.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Recreation Facility Use Agreement between the City of Huntington Beach and the Huntington
Beach City School District for joint use of school recreation facilities.
2. Huntington Beach City School District PowerPoint.
City of Huntington Beach Page 2 of 2 Printed on 2/15/2024
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RECREATION FACILITY USE AGREEMENT BETWEEN
CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY
SCHOOL DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES
THIS AGREEMENT is made and entered into this 1st day of June, 2024 (the "Effective
Date"),by and among the CITY OF HUNTINGTON BEACH,a municipal corporation of the State
of California, hereinafter referred to as "CITY", and HUNTINGTON BEACH CITY SCHOOL
DISTRICT, a political subdivision of the State of California,hereinafter collectively referred to as
"DISTRICT."
WHEREAS, the parties hereto desire to promote and preserve the health and general
welfare of the people of the CITY and District, and to cultivate and develop good citizenship by
providing for an adequate program of community recreation and to conduct such a program of
community recreation as will contribute to the attainment of general education and recreational
objectives for the children and adults of said CITY and DISTRICT; and
WHEREAS, DISTRICT and CITY are authorized to jointly exercise any common powers
pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California
(Section 6500 et seq.) and under the Joint Use provisions of the Education Code Section 17527 et.
seq.; and
WHEREAS, the parties hereto desire to cooperate with each other to carry out the
provisions of Chapter 10, Part 7 of Division 1 of Title 1 of the Education Code of the State of
California (Section 10900 et seq.), and to that end enter into an agreement with each other to
promote and preserve the health and general welfare of the people of said CITY and DISTRICT,
NOW, THEREFORE, for and in consideration of the mutual covenants and promises of
the parties hereto, the parties hereby covenant and agree as follows:
1. USE OF SCHOOL FACILITIES
a. DISTRICT may make available to CITY those certain school facilities listed in
Exhibit"A" for community recreational activities, subject to the terms and conditions set forth in
this Agreement (collectively, the "School Facilities"). The School Facilities so utilized as needed
shall be selected by CITY out of those facilities made available to CITY by DISTRICT.DISTRICT
shall provide CITY with a minimum of thirty (30) days advance notice of any changes to the list
of available School Facilities. Upon the effective date of any such change(s), the existing Exhibit
"A" shall be replaced with an updated Exhibit"A".
b. CITY use of School Facilities shall be in accordance with pertinent DISTRICT
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23-13784/323656
policies in granting permits for non-school use of facilities, and the Civic Center Act commencing
at Education Code Section 38130.
c. DISTRICT shall have first priority and exclusive use of all School Facilities for
public school and educational program, activities, or recreational uses in conjunction with the
operation of each school site during regular public school hours each day, including summer
school, and at such other times as the School Facilities may be needed for school purposes or are
not being used by CITY.
d. Schedules for use of said School Facilities for community recreational activities
shall be established by mutual agreement of the Director of Community & Library Services of
CITY and DISTRICT superintendent or designated representative.
2. FEES AND SCHEDULING OF SCHOOL FACILITIES IN GENERAL
a. Consistent with Section 1.c above, DISTRICT programs, events and required
maintenance shall have first scheduling priority for the use of the School Facilities. Schedules for
non-DISTRICT use of the School Facilities may be altered by mutual consent of the parties. The
parties agree to use their best efforts so as to avoid scheduling disputes and conflicts.
b. CITY shall select and provide certain qualified personnel to conduct recreational
activities and events which take place after school hours, on weekends, and during holiday and
vacation periods on the various selected DISTRICT School Facilities.
c. CITY shall consult with and obtain DISTRICT's written consent,which shall not
be unreasonably denied or delayed, prior to conducting any recreational activities on the School
Facilities.
3. PERSONNEL
All personnel employed to conduct community recreational activities shall be under
the supervision of CITY and shall be employed by CITY. Expenses, including but not limited to,
salaries, cost of supplies, and general maintenance shall be met by CITY out of its own resources.
All personnel selected by CITY to provide services on the School Facilities shall be required to
comply with the applicable requirements of Education Code section 45125.1 with respect to
fingerprinting of employees and shall complete the Criminal Records Check Certification form
provided by DISTRICT.
4. MATERIALS AND MAINTENANCE OF FACILITIES
a. CITY shall provide certain expendable material and supplies necessary for
conducting community recreational programs for all ages. Equipment provided by the DISTRICT
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23-13784/323656
as part of the school program and suitable for community recreational use, and equipment and
supplies provided by CITY and suitable for school use, shall be mutually interchangeable for the
common use of CITY and DISTRICT.
b. CITY agrees to pay a pro rata share of the expenses for all School Facilities
utilized for community recreational programs to: (i) maintain the School Facilities in good order,
condition and repair; (ii) provide utility services used on the School Facilities; (iii) provide
custodial service to keep the School Facilities, including applicable restrooms, in a neat, orderly
and sanitary condition; (iv) mow the lawn, trim lawn edges, remove weeds, repair and replace
broken sprinkler heads as needed, and otherwise maintain the School Facilities, for all periods
when the School Facilities are being used by CITY for community recreation programs.
c. If DISTRICT determines that the School Facilities, in whole or in part, must be
closed due to work on adjacent property or for repair,renovation or maintenance,DISTRICT shall
give CITY a minimum of ten (10) days advance notice prior to the closure, unless DISTRICT
determines that an emergency condition exists which may threaten the health or safety of persons
using the affected School Facilities. In such case, DISTRICT shall have the right to immediately
close the affected School Facilities. In the case of an emergency of the type described above,
DISTRICT agrees to make a good faith effort to give CITY notice of the closure within twenty-
four (24) hours of learning of the emergency condition necessitating the closure of the affected
School Facilities. Upon completion of the work on the adjacent property or the repair, renovation
or maintenance of the affected School Facilities, DISTRICT shall give CITY notice that the
affected School Facilities are available for use.
d. CITY agrees to repair, replace or pay for any damage done to the School
Facilities while under CITY control that is the direct result of the use by CITY for its community
recreational programs. CITY shall give written notice to DISTRICT of any such damage within
three (3) working days of the discovery of the damage.
5. CONTRACT ADMINISTRATOR
The CITY Contract Administrator for this Agreement shall be the Director of
Community & Library Services of CITY. The DISTRICT Contract Administrator for this
Agreement shall be the District Superintendent.
6. TERM AND OPTION TO TERMINATE
The term of the Agreement shall be for five (5) years and commence on June 1,
2024, the Effective Date, and shall continue in effect through June 30, 2029, unless terminated by
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23-13784/323656
CITY or DISTRICT, upon sixty (60) days prior written notice to the other party specifying the
desired date of termination. Upon the Effective Date of this Agreement, all prior agreements
between the parties regarding the use of the School Facilities for community recreational programs
shall be terminated without further action or liability by either party. The parties may agree to
extend this Agreement, subject to terms and conditions agreeable to the parties and set forth in a
written amendment to this Agreement.
7. INDEMNIFICATION,DEFENSE, HOLD HARMLESS
a. Neither DISTRICT nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done by CITY under
or in connection with any activities described in this Agreement. Pursuant to Government Code
Section 895.4,CITY shall fully defend,indemnify and hold DISTRICT harmless from any liability
imposed for injury (as defined by Government Code Section 810.8), occurring by reason of
anything done or omitted to be done by CITY under or in connection with any activities described
in this Agreement.
b. Neither CITY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by the DISTRICT
under or in connection with any activities described in this Agreement. Pursuant to Government
Code Section 895.4 the DISTRICT shall fully defend, indemnify and hold CITY harmless from
the liability imposed for injury (as defined by Government Code Section 810.8), occurring by
reason of anything done or omitted to be done by the DISTRICT under or in connection with any
activities described in the Agreement.
8. INSURANCE
a. CITY agrees to either self-insure for at least the minimum liability coverage set
forth below or maintain comprehensive general liability insurance either through an insurance
carrier licensed to do business in the State of California or a joint powers insurance authority with
the amount of said insurance required to be at least Two Million Dollars ($2,000,000) per
occurrence and Five Million Dollars ($5,000,000) aggregate. CITY agrees to name DISTRICT as
an additional insured on the applicable insurance policies and to provide thirty (30) days prior
written notice to DISTRICT if it proposes to change, or modify the aforementioned insurance
coverage which will result in a decrease in the scope or the amount of such coverage.
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23-13784/323656
b. CITY shall ensure that all persons or organizations desiring to use the School
Facilities,as part of their community recreational programs, shall have in effect at the time of such
use, the above-referenced general liability insurance coverage.
9. AMENDMENTS
This Agreement may be amended from time to time by mutual agreement in writing
of the parties hereto.
10. NON-DISCRIMINATION
CITY covenants by and for itself, its administrators and assigns, and all persons
claiming under or through it,that this Agreement is made subject to the following condition:
There shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed,
ethnicity, national origin, ancestry, religion, gender, sexual
orientation, age, disability, or material status, in the use, occupancy
or enjoyment of the School Facilities subject to this Agreement.
11. COUNTERPARTS
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one in the same
Agreement.
12. NOTICES
Any notices pursuant to this Agreement shall be deemed delivered, if in writing,
deposited in the United States Postal Service with postage prepaid and addressed to each party as
follows:
CITY: DISTRICT:
Attn: Director, Community &Library Services Attn: Superintendent
2000 Main Street 8750 Dorsett Drive
Huntington Beach, CA 92648 Huntington Beach, CA 92646
5
23-13784/323656 •
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on the day, month and year first above written.
CITY OF HUNTINGTON BEACH
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
By By
City Manager City Attorney tJP
HUNTINGTON BEACH CITY SCHOOL INITIATED AND APPROVED:
DISTRICT
By By
Superintendent Director, Community & Library
Services
COUNTERPART
6
23-13784/323656
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on the day, month and year first above written.
CITY HUNTINGTON BEACH
By
Mayor
ATTEST:
By "ileur.4:sl_4_'LV
ity Clerk
APPROVED AS T ENT: APPROVED AS TO FORM:
By
ity Manager City Attorney
HUNTINGTON BEACH CITY SCHOOL INITIATED AND APPROVED:
DISTRICT
By B
Superintendent Di tor, Comm it & ibrary
Services
COUNTERPART
6
23-13784/323656
EXHIBIT "A"
LIST OF SCHOOL FACILITIES
Huntington Beach City School District Schools
• Isaac L. Sowers Middle School
9300 Indianapolis Avenue
Huntington Beach, CA 92646
• John H. Eader Elementary School
9291 Banning Avenue
Huntington Beach, CA 92646
• Ralph E. Hawes Elementary School
9682 Yellowstone Drive
Huntington Beach, CA 92646
• Huntington Seacliff Elementary School
6701 Garfield Avenue
Huntington Beach, CA 92648
• S.A. Moffett Elementary School
8800 Burlcrest Drive
Huntington Beach, CA 92646
• Joseph R. Perry Elementary School
19231 Haring Lane
Huntington Beach, CA 92646
• John R. Peterson Elementary School
20661 Farnsworth Lane
Huntington Beach, CA 92646
• Agnes L. Smith Elementary School
770 17th Street
Huntington Beach, CA 92648
• Ethel R. Dwyer Middle School
1502 Palm Avenue
Huntington Beach, CA 92648
7
23-13784/323656
CERTIFICATE NO. ISSUE DATE
GL2-2026 Al CERTIFICATE OF COVERAGE 07/03/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
Public Risk Innovation, CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A
Solutions, and Management CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE
CERTIFICATE HOLDER.
C/O ALLIANT INSURANCE SERVICES,INC.
18100 VON KARMAN AVENUE, 10TH FLOOR IMPORTANT:If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF SUBROGATION,the
IRVINE,CA 92612 Memorandums of Coverage must be endorsed.A statement on this certificate does not confer rights to the certificate holder
in lieu of such endorsement(s).
PHONE(949)756-0271/FAX(619)699-0901 COVERAGE
LICENSE#0C36861 AFFORDED BY: A- Public Risk Innovation,Solutions,and Management
Member: COVERAGE
CITY OF HUNTINGTON BEACH AFFORDED BY:
ATTN: DEANNA SORIA
2000 MAIN STREET COVERAGE c
AFFORDED BY:
HUNTINGTON BEACH, CA 92648
COVERAGE
AFFORDED BY: D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH MEMORANDUMS.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF COVERAGE MEMORANDUM/ COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS
LTR POLICY# DATE DATE
A A Excess General Liability PRISM PE 23-GL2-25 07/01/2023 07/01/2024 Difference between$2,000,000 and
Member's Self-Insured Retention of
$1,000,000 and/or applicable
additional member and pooled layers
of coverage
Completed Operations Aggregate
Applies
Program Aggregate Applies
Description of Operations/LocationsNehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR USE OF
FACILITIES THROUGHOUT THE POLICY TERM.
HUNTINGTON BEACH CITY SCHOOL DISTRICT,ITS BOARD,OFFICERS,AGENTS,VOLUNTEERS AND EMPLOYEES ARE INCLUDED AS
ADDITIONAL COVERED PARTIES,BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
COVERAGE FOR SEXUAL MISCONDUCT IS INCLUDED IN THE EXCESS GENERAL LIABILITY LIMITS SUBJECT TO TERMS,CONDITIONS AND
EXCLUSIONS OF THE MEMORANDUM OF COVERAGE.
Certificate Holder Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
INGTON BEACH CITY SCHOOL DISTRICT BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE
HUNT
8750 INGTONT DRIVE WTH THE MEMORANDUMS OF COVERAGE PROVISIONS.
HUNTINGTON BEACH,CA 92646
AUTHORIZED REPRESENTATIVE
Public Risk Innovation,Solutions,and Management PAGE 1 OF 2
ENDORSEMENT NO. U-1
PUBLIC RISK INNOVATION, SOLUTIONS,AND MANAGEMENT
GENERAL LIABLILITY 2
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the'Covered Party, Covered Persons or Entities" section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase PRISM's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date: Memorandum No.: PRISM 23 GL2-00
Issued to: ALL MEMBERS
Issue Date: June 29,2023
•
A orized Representative
Public Risk Innovation, Solutions, and Management PAGE 2 OF 2
a����N11N6TD�m
0 Q : °,r 9ftPO•--J0'
City of Huntington Beach
,�0 �'44 2000 Main Street ♦ Huntington Beach, CA 92648
o o _ _ _ _ _-• (714) 536-5227 • www.huntingtonbeachca.gov
°'•.�� "9°'-• �`� a Office of the City Clerk
ACC O N TY°01/4"� Robin Estanislau, City Clerk
March 8, 2024
Huntington Beach City School District
Attn: Superintendent
8750 Dorsett Drive
Huntington Beach, CA 92646
Dear Superintendent:
Enclosed is a fully executed copy of the Recreation Facility Use Agreement between
City of Huntington Beach and Huntington Beach City School District for Joint Use of
School Recreation Facilities, approved by City Council on February 20, 2024.
Sincerely,
9'64441,1444)
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
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History
Since 1985, the City of Huntington Beach has had a
joint use agreement (Agreement) between the CITY
and various elementary school districts within the
City, including the Huntington Beach City School
District (DISTRICT).
o�° �TINGp
The current Agree
ment is set to expire on June 2 '� ` � `'_
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Responsibilities
• DISTRICT may make available to CITY those
certain school facilities for community recreational
activities, subject to the terms and conditions set
forth in this Agreement (collectively, the "School
Facilities"). The School Facilities so utilized as
needed shall be selected by CITY out of those
facilities made available to CITY by DISTRICT. as �� ��QRPOAgrfp,,. m
DISTRICT shall provide CITY with a minimum of
thirty (30) days advance notice of any changes to
/7 1909 po �� 0�
the list of available School Facilities. `�`�couNT**� ��%®
Responsibilities
• CITY use of School Facilities shall be in accordance with
pertinent DISTRICT policies in granting permits for non-
school use of facilities, and the Civic Center Act
commencing at Education Code Section 38130.
• DISTRICT shall have first priority and exclusive use of all
School Facilities for public school and educational
program, activities, or recreational uses in conjunction with
the operation of each school site during regular public- sm,®0.!;011pN ORA o
school hours each day, including summer school, and at o ; ,�®
such other times as the School Facilities may be needed oa , 1`
for school purposes or are not being used by CITY. 'L ` ; ".?pus
Responsibilities
• Schedules for use of said School Facilities for
community recreational activities shall be
established by mutual agreement of the Director of
Community & Library Services of CITY and
DISTRICT superintendent or designated
representative. � ,
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Agreement
The term of the agreement shall be five (5) years
from the effective date of this agreement, subject to
earlier termination, if needed . The lease includes
one (1 ) option to extend the term for a period of five
(5) years upon mutual, written consent of both
parties.
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The new agreement reflects the necessary changes
� °ap°AATf�
to the joint use of facilities and memorializesh the
desire for the Cityof Huntington Beach and the •
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fe.�QtJ.�ITY GR�� r0.
DISTRICT to work together collaboratively. g��
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