HomeMy WebLinkAbout08 APPROVAL OF JOINT USE AGREEMENT WITH TUSD FOR HEIDEMAN SCHOOL PARKDocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
MEETING DATE
TO:
FROM:
SUBJECT:
Agenda Item 8
QS-
Reviewed: nB
AGENDA REPORT City Manager
Finance Director
NOVEMBER 7, 2023
NICOLE BERNARD, ACTING CITY MANAGER
CHAD W. CLANTON, DIRECTOR, PARKS AND RECREATION
APPROVAL OF JOINT USE AGREEMENT WITH TUSTIN UNIFIED
SCHOOL DISTRICT FOR HEIDEMAN SCHOOL PARK
SUMMARY:
Approval of the Joint Use Agreement between the City of Tustin and Tustin Unified
School District for the Heideman School Park project.
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the Community Recreation Joint Use
Agreement with the Tustin Unified School District (TUSD) for the design, construction,
and operation of the Heideman School Park project.
FISCAL IMPACT:
The design and construction of the Heideman School Park project will be funded by a
Proposition 68 Statewide Parks Program Grant. The total grant amount for the project is
$5,687,395. Once completed, the annual cost of operating the park (i.e., staffing and
maintenance) is estimated at $200,000.
CORRELATION TO THE STRATEGIC PLAN:
This project advances the following goals of the City of Tustin Strategic Plan:
• Goal A. Economic and Neighborhood Development, Strategy 6 — by establishing
the joint use of a school site for services in Southwest Tustin
BACKGROUND:
In March 2021, the Parks and Recreation Department applied for a Statewide Parks
Program Grant through California State Parks for the design and construction of a joint -
use park at Heideman Elementary School. This competitive grant program was made
available specifically to provide increased park access to communities throughout the
state. In December 2021, the City of Tustin received notification that the grant
application had been selected for an award to fully fund the project.
DISCUSSION:
Heideman School Park will provide 3.5 acres of much -needed outdoor space for the
surrounding neighborhood to gather, exercise, celebrate, and relax. Amenities will
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
include a new multipurpose athletic field, playground, restrooms, picnic shelter, sports
field and walkway lighting, running/walking track, outdoor fitness equipment, a tactile
experience garden, and renovated basketball courts. The design concept is the direct
result of a series of community meetings held at and around Heideman Elementary
School to gather input from the residents who live within '/2 mile of the site, as well as
TUSD representatives and the Tustin Police Department.
Since receiving notice of the grant award in late 2021, staff has engaged in extensive
negotiations with TUSD to agree on the terms of the agreement, including design,
construction, access, operations, and maintenance. Once the Tustin City Council has
approved the agreement, staff will coordinate with TUSD staff to secure School Board
approval at their next available meeting. Project design is expected to take
approximately 15-18 months, followed by an estimated construction timeline of two
years.
The City Attorney has reviewed the Joint Use Agreement and approved it as to form.
Respectfully submitted,
E�D�o�cuSigned by:
DASE41E0391941C...
Chad W. Clanton
Director, Parks and Recreation Services
Attachment: Conceptual Design Site Plan
Community Recreation Joint Use Agreement for Heideman Elementary
School
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
S�PG
I-
I
E
Ez
6�m
O
O
s
V
Ln
A
m
4
Q1
E
Q1
LU
E
Q7
cu N
a-+ no
m 0
W
� c
N W
Y ;c
p[ z
aN
■
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
COMMUNITY RECREATION JOINT USE AGREEMENT
(Heideman Elementary School)
By and Between
TUSTIN UNIFIED SCHOOL DISTRICT
And
CITY OF TUSTIN
Dated and Effective as of , 2023
005718.0008423 BWS/07-18-23 -1-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
COMMUNITY RECREATION JOINT USE AGREEMENT
(Heideman Elementary School)
This Community Recreation Joint Use Agreement (Heideman Elementary School) ("Agreement")
is made effective as of , 2023 ("Effective Date") by and between the Tustin Unified School
District ("District"), a public school district organized and existing pursuant to California law, and the
City of Tustin ("City"), a municipal corporation and public body. The District and the City may be
referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. The District and the Orange County Board of Education ("OCBOE") are the current
owners of separate portions of the real property located at 15571 Williams Street in the City of Tustin and
referred to as the Robert P. Heideman Elementary School ("School"). A depiction of the School as of the
Effective Date is set forth in Exhibit "A" to this Agreement. In accordance with that certain "Facilities
Use Agreement for Heideman Elementary School and Foothill High School Annex" dated June 28, 2017
("Facilities Use Agreement"), the District has a license until June of 2057 to exclusively use the entirety
of the School, including, without limitation, the parking area(s) located within the portion of the School
grounds owned by OCBOE.
B. The District owns all of the playfields at the School ("Sports Fields"), and the City has
requested the use of the Sports Fields and other portions of the School grounds as described herein for
community recreational and other traditional public park purposes ("Park Purposes"). To that end, and
subject to the provisions of this Agreement, the Parties desire that the City cause the improvements
depicted and described on the site plan attached as Exhibit `B" to this Agreement ("Joint Use
Improvements") to be constructed at the School. The Parties acknowledge that Exhibit B sets forth a
reduced -size image of the site plan for the Joint Use Improvements and, for the avoidance of doubt, that
the site plan depicted in Exhibit B is the October 2020 version of the site plan ("Site Plan").
C. Because the Joint Use Improvements will be constructed primarily on and at the Sports
Fields, and because the District needs to use the Sports Fields for School purposes, the Parties intend that
the District will use the Joint Use Improvements in connection with District and School operational,
educational, recreational, and other programs and activities at the School ("District Activities"). The
Parties further intend that consistent with Education Code Section 10900 et seq., the City will use the
Joint Use Improvements and the Sports Fields, asphalt play area, and parking/driveway areas as depicted
on Exhibit B hereto (collectively, the "Joint Use Facilities"), including, among the others, portions of the
Joint Use Facilities owned by OCBOE, for the Park Purposes.
D. The Parties acknowledge that, at the City's request, the District previously completed
proceedings required in accordance with the California Environmental Quality Act ("CEQA") and
relating to the construction of the Joint Use Improvements and the joint use of the Joint Use Facilities by
the Parties. The resulting mitigated negative declaration is referenced as State Clearinghouse No.
2021040015 ("Mitigated Negative Declaration").
E. Through the approval of Assembly Bill 128 on June 28, 2021, the State of California
authorized a grant to the City of Statewide Park Development and Community Revitalization Program
("Program") "Round 4" funding in the amount of $5,687,395 ("State Grant"), for use in paying costs
associated with the construction of the Joint Use Improvements. An itemization of the currently -
estimated total cost to construct the Joint Use Improvements ("Total Improvement Cost") is set forth in
Exhibit "C" attached to this Agreement.
F. During the negotiations of this Agreement, the Parties discussed that, with respect to uses
of the Joint Use Facilities and other portions of the School, and as described in Section 4.3 herein, the
005718.0008423 BWS/07-18-23 -2-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
security, academic, athletic, and recreational needs and opportunities for District students shall be the
highest priority. The Parties further discussed that, because of such priority for District students, the
District must have certain flexibility to adapt to future situations, as described in clauses (vii), (viii), and
(ix) of Section 12.2 herein. Therefore, the Parties acknowledge that subject to negotiations as described
in clauses (vii), (viii), and (ix) of Section 12.2 herein, the District may be required or authorized to
terminate this Agreement for one or more reasons that would not be attributable to any fault of the City.
The Parties further acknowledge and agree that, in such event, the City shall be solely responsible for any
required reimbursement or repayment of the State Grant as provided in Section 12.3 herein.
G. Each Party is authorized to enter into this Agreement pursuant to Education Code Section
10900 et seq., which authorizes and empowers cities, counties, and school districts to cooperate with each
other in providing, organizing, promoting, and conducting joint recreational and educational programs in
their communities. By entering into this Agreement, the Board of Education of the Tustin Unified School
District ("District Board") acknowledges that consistent with Education Code Section 19010 and subject
to compliance by the Parties with the provisions herein, the uses of the Joint Use Facilities for the Park
Purposes in accordance with this Agreement will not interfere with the use of the buildings, grounds,
and/or equipment at the School for any other purpose of the public school system.
NOW, THEREFORE, and in consideration of their respective rights and obligations pursuant to
this Agreement, consideration that each Party acknowledges is adequate, the Parties hereby agree as
follows:
AGREEMENT
PART]. AGREEMENT TERM
Section 1.1 Initial Agreement Term. The term of this Agreement ("Agreement
Term") shall commence on the Effective Date and, unless this Agreement is earlier terminated in
accordance with its provisions, the Agreement Term shall expire on the date that is thirty years after the
Effective Date.
Section 1.2 Agreement Term Extensions. The Parties, each in its sole discretion, may
agree to one or more extensions of the Agreement Term, such that this Agreement would remain in effect
for a total period in excess of thirty years.
' - ' O�CY[H.`�r.`/TKO).`�t7YrtZ/I�YYCU�`II)�DZIZ7�`QIC ' ' I]�Lahrfah`yK9
Section 2.1 Project Design.
Subsection 2.1.1 Plans and Specifications. The City, at its own cost and subject to all
other applicable provisions of this Agreement, shall cause a qualified, experienced, and appropriately
licensed design professional to prepare drawings and specifications for the construction and operation of
the Joint Use Improvements as are consistent with this Agreement and as are appropriate and sufficient to
facilitate construction of the Joint Use Improvements ("Plans and Specifications").
Subsection 2.1.2 Consistency with Site Plan. As designed and as constructed, the
Joint Use Improvements shall be fully consistent with and of no greater scope than what is depicted in the
Site Plan attached as Exhibit B hereto, provided that: (i) in no event shall the Plans and Specifications
provide for installation of skating or skateboarding facilities at the School, including, without limitation,
those depicted in Exhibit B hereto; and (ii) the Parties shall make reasonable efforts to agree on
improvements that will be in lieu of the skating or skateboarding facilities depicted in Exhibit B hereto
and/or other modifications as necessary to accommodate that such skating or skateboarding facilities will
not be installed at the School.
005718.0008423 BWS/07-18-23 -3-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Subsection 2.1.3 Utility Services. The Plans and Specifications shall provide separate
metering of water service for the park bathroom/office building, drinking fountains, and other Joint Use
Facilities and for separate metering of electricity service for the park bathroom/office building, field
lighting, and walkway lighting. The City shall make reasonable efforts to obtain those utility services
through separate accounts and separate meters obtained through and billed directly to the City. If the City
reasonably is unable to obtain direct metering and billing of such utilities, the City may install sub -meters
for the water and electricity services provided to the School. However, if such water and electricity
services are sub -metered from utilities serving the School, the sub -meters shall be: (i) revenue grade
meters or otherwise be certified to be accurate to within two percent; and (ii) installed on -site and
accessible remotely for purposes of determining allocations of utility costs between the Parties, not for
utility company purposes. The Parties acknowledge that: (i) the turfed areas of the Joint Use Facilities
will consist of natural vegetative turf, not artificial turf, and (ii) the water used to irrigate such turfed areas
and other landscaped areas within the perimeter of the Site Plan shall be provided through utilities and
meters presently serving the School. The Parties, each in its sole discretion, may agree to amend this
Agreement to provide for the installation of artificial turf and to provide for related matters, including,
without limitation, allocation of maintenance and cleaning costs.
Section 2.2 Review and Approval of Plans and Specifications by the Parties. The City shall
cause the Plans and Specifications to be completed and approved in time to ensure full and final
completion of all Joint Use Improvements not later than the Outside Completion Date (defined in
Subsection 2.3.1 herein). The City shall provide copies of the Plans and Specifications to the District on
an ongoing basis during the schematic design, design development, construction document, and agency
approval phases, in each case whenever a new iteration of the Plans and Specifications has been prepared.
Each such iteration of the Plans and Specifications shall be conspicuously marked to indicate the changes
made to the prior iteration. The District shall, within a reasonable period of time, not in excess of 14
business days (defined in Section 15.3 herein) from receipt of a new iteration of the Plans and
Specifications, review that iteration, and provide comments and/or requests for revisions to the City.
Upon receipt, the City shall either implement such comments and/or requested revisions or shall confer
with the District in an attempt to agree on other acceptable modifications to the Plans and Specifications,
and in each case of the latter, the Parties shall not move forward with a subsequent iteration of the Plans
and Specifications until the District concurs in writing that all of its prior comments and requested
revisions have been resolved. In addition, the final iteration of the Plans and Specifications (i.e., the
iteration to be approved per Section 2.6 herein and used for construction purposes) shall be subject to the
District's written approval before the commencement of any Joint Use Improvements construction.
Notwithstanding anything to the contrary, no such review or approval by the District shall be deemed or
construed to result in the District having or assuming any liability whatsoever for defects in the design,
construction, or installation of the Joint Use Improvements and, as between the City and the District, the
City shall be fully responsible and liable for all such defects.
Section 2.3 Construction of Project.
Subsection 2.3.1 Performance and Timing of Construction. For purposes of this
Section, the City acknowledges that the summer break at the School typically commences in early June
and ends in mid -August of each year. In each case, the District will determine the actual summer -break
commencement and end dates as part of its planning for each school year. At its own cost and subject to
all other applicable provisions of this Agreement, the City shall:
(i) Cause a qualified, experienced, and appropriately licensed construction contractor ("Contractor")
to construct the Joint Use Improvements ("Project");
(ii) Cause the construction of the Project to occur in two phases, with the initial phase of the Project
("First Phase") to be constructed and fully completed during the first summer break from regular
classes at the School following final approval of the Plans and Specifications pursuant to Sections
005718.0008423 BWS/07-18-23 -4-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
2.2 and 2.6 herein ("First Summer Break"), and the subsequent phase of the Project ("Second
Phase") to be constructed and fully completed during the summer break from regular classes at
the School that next follows the First Summer Break ("Second Summer Break");
(iii) Notwithstanding anything to the contrary, cause the construction of the First Phase to be fully
completed and all obligations pursuant to Section 2.4 herein to be fully performed at least seven
calendar days prior to when regular classes at the School will resume following the First Summer
Break; and
(iv) Notwithstanding anything to the contrary, cause the construction of the Second Phase to be fully
completed and all obligations pursuant to Section 2.4 herein to be fully performed at least seven
calendar days prior to when regular classes at the School will resume following the Second
Summer Break ("Outside Completion Date").
Subsection 2.3.2 Limits and Extensions of Time for Performance. Because Program
requirements mandate completion of the Project by March 30, 2028, and except as the District may agree
in writing, this Agreement shall automatically terminate and be of no further force or effect if the City has
not commenced construction of the First Phase on or before the date that is seven calendar days after the
beginning of the 2026 summer break at the School. However, the Parties, each in its sole discretion, may
agree in writing on terms and conditions for the Contractor to enter in and upon the School grounds for
purposes of performing work on the Project during periods other than as expressly provided in Subsection
2.3.1 herein.
Subsection 2.3.3 Performance Bond and District Takeover Right. The City shall
cause the Contractor to provide a performance bond to the District, or the City shall otherwise provide a
performance bond to the District applicable solely to the Project and with a penal sum not less than the
Total Improvement Cost ("Performance Bond"). The City must ensure that (in addition to the City, if
applicable) the District is named as an obligee in the Performance Bond. In the event of any delay or
default by the Contractor and/or the City, then, subject to giving the City notice in accordance with Part
11 herein and thirty (30) days to cure the delay or default, the District shall be entitled to take over the
Project and call on the Performance Bond.
Subsection 2.3.4 Related Requirements. Without limiting anything else in this
Agreement, the City shall ensure: (i) compliance by the Contractor with all applicable Labor Code
requirements, including, without limitation, requirements for posting of a payment bond, payment to
workers of prevailing rates of wages, use of apprentices in connection with the work, registration of
contractors with the California Department of Industrial Relations ("DIR"), and preparation and provision
of certified payroll records; and (ii) compliance with prohibitions against the presence, use and/or
incorporation of lead, asbestos, and other hazardous materials in connection with improvements made to,
on, or at the School.
Section 2.4 Repair of Damage and Clean -Up of School Grounds. The City shall secure,
make safe, and repair any and all damage to the School (including, without limitation, School grounds)
that occurs in connection with the construction of the Project, with such promptness and diligence as
reasonably is necessary to ensure: (i) the safety of students and others; and (ii) the ability of the District to
continue its operations, programs, and activities in and at the School, including, without limitation, at the
respective ends of the First Summer Break and the Second Summer Break. Any and all repairs to the
School must be consistent in terms of appearance, integrity, and quality with other or similar portions of
the School and otherwise shall be subject to approval by the District at its reasonable discretion. In
addition, at all times during performance of any work on the Project, the City shall: (i) not suffer or
permit the accumulation on the School grounds of any wastes, trash, or debris associated with the Project,
including, without limitation, food wrappers, packaging, broken tools, sprinklers or sprinkler pipe
005718.0008423 BWS/07-18-23 -5-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
removed during site work, and scrap or spare materials; and (ii) on a daily basis, cause all such wastes,
trash, and debris to be collected and disposed of in accordance with applicable laws.
Section 2.5 Coordination. In order to avoid any interference with District Activities, the City
shall fully and reasonably coordinate with the District: (i) all activities associated with the commencement
and completion of the Project, including, without limitation, the First Phase and the Second Phase; and
(ii) any and all repairs to the School performed pursuant to Section 2.4 herein.
Section 2.6 Applicable Laws and Other Requirements. Because the Project will be a "public
work" and "public project" in accordance with applicable California law, the City, at its sole cost and
expense, shall ensure compliance in connection with the Project of all applicable California laws,
including, without limitation, applicable provisions of the Civil Code, Education Code, Labor Code,
Public Contract Code, and Public Resources Code. If any portion of the State Grant or other funds used
to pay costs associated with the Joint Use Improvements are or have the character of federal funds, the
City, at its sole cost and expense, also must comply with federal procurement and other laws. Without
limiting the foregoing, the City, in connection with the Project and at its sole cost and expense, shall be
solely responsible for:
(i) Compliance with any and all mitigation measures set forth in the Mitigated Negative Declaration
and other applicable CEQA requirements;
(ii) Obtaining all required approvals of the Joint Use Improvements by the California Department of
General Services, Division of State Architect ("DSA"), prior to commencing any work on the
Project;
(iii) Obtaining all required grading and other approvals of the Joint Use Improvements from the
applicable City department or other governmental agency prior to commencing any work on the
Project;
(iv) Obtaining coverage for the Project under the National Pollutant Discharge Elimination System
General Permit for Storm Water Discharges Associated with Construction and Land Disturbance
Activities (including, without limitation, filing the required permit registration documents, which
includes, among others, a notice of intent and a stormwater pollution prevention plan), prior to
commencing any work on the Project; and
(iv) Preparing a joint security plan in coordination with the District as described in the City's April
29, 2021, letter to the District in response to the proposed Mitigated Negative Declaration
("Security Plan"), to include the District's written approval of the Security Plan prior to
commencement of any work on the Project, which approval the District shall not unreasonably
deny, delay, or condition.
Section 2.7 Student Safety. Without limiting anything else, including, without limitation, the
requirements of the Security Plan, the City shall, with respect to all workers on the Project, cause the
Contractor to: (i) comply with requirements for California Department of Justice ("DOJ") fingerprinting
and background checks set forth in Education Code Section 45125.1, regardless of the fact that the
Contractor has contracted with the City, not with the District; and (ii) certify to the District, using a form
provided by the District, that each worker who will be present at or in the vicinity of the School has
undergone such DOJ background check and been found by the DOJ NOT to have been convicted of, or
have an arrest pending final adjudication for, any of the crimes described in Education Code Section
45122.1. The District, in its sole discretion, may agree that the Contractor, in specific and limited cases
(e.g., with respect to delivery drivers or others to be temporarily present at the School), may implement
one or more alternatives to the DOJ background checks as specified in Education Code Section 45125.2.
005718.0008423 BWS/07-18-23 -6-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Section 2.8 Animal Signage. If the City intends to allow people to bring dogs and/or other
pets to the School or onto any of the Sports Fields, parking areas, and/or other grounds at the School,
then, as part of the Project, the City shall install signs in, on, or about the parking and field areas at the
School stating to the effect that each person who brings a dog or other animal onto the Joint Use Facilities
is required to clean up and properly dispose of any animal wastes attributable to that animal. If the City
intends to prohibit dogs and/or other pets from being on School grounds, then, as part of the Project, the
City shall install signs in, on, or about the parking and field areas at the School stating the effect that the
presence of dogs and other animals (other than service animals) is prohibited. For purposes of the
foregoing, the term "service animals" shall have the meaning given to that term for purposes of the
Americans with Disabilities Act, which does not include "comfort" animals.
Section 2.9 Liens and Other Encumbrances. Because the buildings, Sports Fields, parking
areas, and other grounds and improvements at the School (collectively, the "School Real Property") are
public property, the City shall not suffer or permit any lien (whether mechanic's lien, materials lien, or
other lien) or other encumbrance of any nature to be filed, recorded, or otherwise asserted in relation to
any portion of the School Real Property. Without limiting the foregoing, upon final completion of the
Project and at all times thereafter, the School's Real Property and all Joint Use Improvements shall be free
and clear of any and all such liens and other encumbrances. If any statutory or other lien or encumbrance
is filed or asserted against any portion of the School Real Property, the City shall cause the same to be
fully discharged, by payment, bonding, or otherwise, within thirty days of such filing or assertion and
upon any failure of the City to do so, the District shall have the right to do so, by payment, bonding
(including, without limitation, a lien release bond recorded pursuant to California Civil Code Section
8424) or otherwise, and the City shall pay on demand to the District all amounts expended by the District
in connection with obtaining such release or discharge, including, without limitation, attorneys' fees and
costs. The failure by the District to post or record any notices of non -responsibility shall not in any
manner diminish or negate the City's obligations pursuant to this Section.
Section 2.10 Reimbursement of District Costs. In each case that the City fails to perform any
obligation that it has pursuant to this Part 2, then, in the District's sole discretion and subject to giving the
City notice and an opportunity to cure in accordance with Part 11 herein, the District may perform such
obligation. In addition, upon request of the City, the District, in its sole discretion, may agree to perform
one or more of the City's obligations pursuant to this Part 2 or may assist the City with its performance of
one or more of the City's obligations pursuant to this Part 2. Promptly following receipt of each invoice
from the District, the City shall reimburse the District for the reasonable costs it incurs in connection with
the District's actions pursuant to this Section. With each such invoice, the District shall provide such
documentary evidence as reasonably supports the amounts requested by the District, provided that any
invoices or bills from District legal counsel shall be redacted to eliminate the descriptions of services.
Section 2.11 Acceptance of Joint Use Facilities. The Joint Use Improvements shall be
subject to acceptance by the District Board, during one of its regularly -scheduled meetings, following the
full and final completion of the Project. Notwithstanding the foregoing, upon request of the City and in
order to facilitate the filing of a notice of completion for the First Phase, the District Board may accept the
fully completed First Phase separately from the remaining portions of the Project. A condition precedent
to acceptance by the District Board of the First Phase or the remaining portions of the Project shall be that
the City provide copies of documented "close out" approval of the Project by the DSA and any and all
other governmental or quasi -governmental entities having jurisdiction in connection with the Project.
Subject to the foregoing, the District Board shall not unreasonably refuse to accept the First Phase or
remaining portions of the Project if those have been constructed consistent with the requirements of this
Part 2. The City may permit the use of the Joint Use Facilities for Park Purposes, in accordance with this
Agreement, only following and to the extent, the Joint Use Improvements have been accepted by the
District Board.
005718.0008423 BWS/07-18-23 -7-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
PART 3. COORDINATION, SCHEDULING, AND PRIORITY USES
Section 3.1 Coordination Meetings.
Subsection 3.1.1 Purpose of Meetings. During each Coordination Meeting (defined in
Subsection 3.1.2 herein), and acting reasonably and in good faith, the Parties shall attempt to: (i) as
applicable, update or otherwise modify the Joint Use Schedule (defined in Section 3.2 herein); (ii)
conduct a walk-through review of the Joint Use Facilities and School for purposes of reviewing the
adequacy of, and necessary modifications to, the procedures, responsibilities for performing, and/or
allocation of costs for the maintenance and repair of the fields and other Joint Use Facilities; and (iii)
discuss and attempt to amicably resolve any other concerns or issues that may have arisen regarding the
use, operation, maintenance, and/or repair of the Joint Use Facilities or School.
Subsection 3.1.2 Meeting Schedule. The Parties shall schedule and hold two meetings
each year during the Agreement Term for the purposes described in Subsection 3.1.1 herein (each a
"Coordination Meeting"). The Parties, each acting reasonably, shall schedule the Coordination Meetings
so that: (i) the first meeting in any particular calendar year occurs prior to the then -upcoming school year
on a mutually convenient date during the month of September, and (ii) the second meeting in that
calendar year occurs approximately six months after the first meeting. If the Parties are unable to agree
on any particular meeting date(s), the Coordination Meetings, as applicable, shall be held on: (i) the first
Wednesday of September; and (ii) the first Wednesday of February. Upon request of either Party on an
as -needed basis, the Parties also shall reasonably cooperate with respect to scheduling and conducting
Coordination Meetings that are in addition to the two regularly scheduled Coordination Meetings per
year.
Subsection 3.1.3 Party Representatives. Each Party shall, from time to time, designate
one of its employees having appropriate administrative authority who shall be that Parry's primary contact
and representative for purposes of scheduling and participating in the Coordination Meetings. A Party
may also have in attendance at any particular Coordination meeting any one or more other representatives
of that Party whose presence is relevant or necessary in connection with the topics to be discussed during
that Coordination Meeting.
Section 3.2 Joint Use Schedule. The Parties shall reasonably cooperate with respect to
developing schedules, on an annual or other basis, detailing the dates and times that the City will be
entitled to use or permit use of the Joint Use Facilities (each a "Joint Use Schedule"), including, without
limitation, uses by Sports Leagues (defined in Section 4.2 herein). Each Joint Use Schedule shall
accommodate the student arrival and departure transition periods described in Section 4.1 herein. Exhibit
"D" to this Agreement sets forth an initial, general, non -detailed schedule that shall be in effect as of the
Effective Date and until the Parties establish the first Joint Use Schedule pursuant to this Section. The
Parties also shall reasonably cooperate, on an as -needed basis, with respect to each request by a Party to:
(i) modify the then -current Joint Use Schedule; or (ii) undertake or permit activities that are not specified
on the then -current Joint Use Schedule.
PART 4. USE OF JOINT USE FACILITIES
Section 4.1 Use Periods.
Subsection 4.1.1 City Use Periods. Subject to the other provisions of this Agreement,
the City shall be entitled to the exclusive use of the Joint Use Facilities during all periods specified in an
applicable Joint Use Schedule as being reserved for Park Purposes (each a "City Use Period").
Subsection 4.1.2 District Use Periods. Subject to the other provisions of this
Agreement, the District shall be entitled to exclusive use of the Joint Use Facilities during all periods that
are not City Use Periods (each a "District Use Period"). To accommodate arrival and departure transition
005718.0008423 BWS/07-18-23 -8-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
periods, the District Use Periods shall include, without limitation, the 45-minute period prior to the start
of classes at the School and the 45-minute period following the end of classes at the School on each day
that the School conducts classes for District students.
Subsection 4.1.3 Unscheduled District Activities. In connection with any and each
after -school education, childcare, and similar program to be conducted at the School, and any and each
back -to -school night, teacher -parent conference, and other event to occur at the School, that is not
specified on the Joint Use Schedule, the Parties shall cooperate, as provided in Section 4 herein, in regard
to scheduling and allowing those programs and events to proceed.
Subsection 4.1.4 Overlapping Uses. Notwithstanding anything to the contrary, the
District may use or may authorize others to use the Joint Use Facilities during City Use Periods if
concurrent or overlapping use by the District or others will not unreasonably interfere with uses of the
Joint Use Facilities for Park Purposes. Without limiting the foregoing, and in order to accommodate
summer school and other District provided, sponsored, or authorized programs: (i) the Joint Use Facilities
will be subject to use for both District purposes and Park Uses during the overlapping portions of the
periods specified in Table 3 of Exhibit D hereto; and (ii) no such use for District purposes shall be
deemed or construed to unreasonably interfere with uses of the Joint Use Facilities for Park Purposes.
Subsection 4.1.5 Repair and Maintenance Activities. Nothing in this Agreement shall
be deemed or construed to preclude the District from repairing or maintaining the Joint Use Facilities or
undertaking similar activities during any City Use Period, provided that the District shall, to the extent
practicable, attempt to minimize any interference with uses of the Joint Use Facilities for Park Purposes.
Section 4.2 Agreement Authorizes Only Park Uses. This Agreement shall be deemed and
construed to permit the City to use or permit the use of the Joint Use Facilities solely and exclusively for
Park Purposes ("Park Uses"). For purposes of this Agreement, Park Uses shall be deemed and construed
to include any and all normal, usual, historical, traditional, and common uses of the City's park properties
as of the Effective Date, provided that the games, events, and other activities of any and all recreational or
sports leagues, clubs, associations, organizations, and similar entities (each a "Sports League") must be
authorized pursuant to Section 4.4 herein, notwithstanding that those might be Park Uses. For avoidance
of doubt, a game, event, or other activity shall not be deemed to be a Sports League activity if both of the
following criteria are satisfied: (i) the activity undertaken by residents or organizations does not occur
scheduled on a regular or recurring basis; and (ii) the activity is not conducted, arranged, sanctioned,
sponsored, or supported by any sports -related entity or organization (whether for -profit or non-profit), or
otherwise associated with or has any connection to any such entity or organization. Also, for the
avoidance of doubt: (i) the foregoing criteria shall be used to evaluate the nature of an activity regardless
of whether the activity is a practice or competition; and (ii) the District's approval rights pursuant to
Section 4.4 herein shall be deemed and construed to apply only to uses by Sports Leagues, not to other
Park Uses.
Section 4.3 Priority Uses.
Subsection 4.3.1 Generally. In connection with the planning and scheduling of
programs and activities that are to be included on any Joint Use Schedule or that otherwise are to occur on
or at the Joint Use Facilities, the Parties shall cooperate in ensuring that the security, academic, athletic,
and recreational needs and opportunities of school -aged children shall be the highest priority.
Subsection 4.3.2 Use of Fields. Without limiting Subsection 4.3.1 herein, the Parties
acknowledge that the use of the fields at the School for Park Purposes, especially the use by adult
members of the community, will increase the likelihood of damage to, or other unsafe or inadequate
conditions of, the fields. Therefore: (i) in each case that a Party considers allowing uses of any of the
fields at the School by youths or by adults, the Parties shall give first priority to uses of the fields by
005718.0008423 BWS/07-18-23 -9-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
youths; (ii) as agreed during an applicable Coordination Meeting or otherwise, or as determined through
dispute resolution in accordance with this Agreement, the respective allocations to the Parties of costs
associated with turf overseeding, reconditioning, or replacement set forth herein, from time to time as
necessary during the Agreement Term, shall be equitably adjusted to reflect the actual impacts on the
fields attributable to use by adults; and (iii) if the Parties are unable to agree regarding any equitable
adjustment that a Party reasonably believes is necessary to reflect such impacts, either Party may
terminate and prohibit all uses of the fields by adults.
Section 4.4 Uses by Sports Leagues.
Subsection 4.4.1 Generally. Subject in each case to the advance written consent of the
District, the City may issue one or more permits (each a "Use Permit") providing for recreational and/or
sports uses of the Joint Use Facilities by Sports Leagues. Subject to Subsection 4.4.3 herein, and
following a request for approval by the City, the District shall not unreasonably deny, delay, or condition
its approval of use(s) of the Joint Use Facilities by a Sports League that also is a non-profit entity ("Non -
Profit Sports League"). As provided in Subsection 4.4.3 herein, the District, in its sole discretion, may
approve, deny, and/or condition its consent to use(s) of the Joint Use Facilities by any Sports League that
is not a Non -Profit Sports League. For purposes of this Agreement, "Non -Profit Sports League" means
an organization or entity that is exempt from taxation in accordance with Internal Revenue Code ("IRC")
Section 501(c), including, without limitation, IRC Section 501(c)(3) or (c)(4). The City hereby
acknowledges that, as a result of this Agreement, the District will be foregoing receipt of fees for the use
of the fields at the School authorized by the Civic Center Act, Education Code Section 38130 et seq.
("Civic Center Act"). Therefore, if, in connection with its use of the Joint Use Facilities, a Sports League
is to pay any user fees and/or other charges, such requirement must be specified in the Use Permit issued
to the Sports League in accordance with this Section, and such fees and/or charges shall be allocated to
one or both of the Parties as agreed in writing by the Parties.
Subsection 4.4.2 Required Use Permit Provisions. Except as the District may agree in
its sole discretion, a Use Permit issued to a Sports League shall authorize the use of the Joint Use
Facilities for a period not in excess of six consecutive months, regardless of whether the Sports League is
a Non -Profit Sports League. Each Use Permit must require that the Sports League shall comply with: (i)
requirements for field closures pursuant to Section 4.12 herein; (ii) requirements for City Clean -Up
(defined in Section 6.1) in lieu of the City performing the City Clean -Up directly; (iii) all District rules,
regulations and policies applicable to the presence on and use of District school properties, including,
without limitation, prohibitions against the consumption of alcohol and alcoholic beverages and use of
tobacco products. Each such permit also shall provide that the City may terminate the agreement, without
need for cause, effective not more than thirty days following written notice to the Sports League.
Subsection 4.4.3 Grounds for Denial of Consent. The District, in its sole discretion,
may approve, deny, and/or condition its consent for the use of the Joint Use Facilities by: (i) any Sports
League that is not a Non -Profit Sports League; (ii) any Non -Profit Sports League, if the District
determines that the proposed use will not be consistent with any District policy relating to the use of
District school properties; and (iii) any Non -Profit Sports League, if the District determines that the Non -
Profit Sports League previously used any District property in an unsatisfactory manner (including,
without limitation, any manner that resulted in damage to District property or liability (actual or potential)
for the District.
Subsection 4.4.4 Grounds for Termination of Permit. Upon request of the District,
the City shall terminate a Use Permit upon a determination by the District that the use by the Sports
League: (i) has been inconsistent with any District rule, regulation, or policy; (ii) resulted in vandalism or
other crimes at or in the vicinity of the School; (iii) unreasonably interfered with District Activities; (iv)
resulted in the Joint Use Facilities or other portions of the School incurring extraordinary wear and tear;
or (v) resulted in the District incurring extraordinary costs and/or liability (actual or potential).
005718.0008423 BWS/07-18-23 -10-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Subsection 4.4.5 City Responsibilities. The City shall be responsible for uses of the
Joint Use Facilities by Sports Leagues to the same extent the City is responsible for any other Park Uses
in accordance with applicable law or this Agreement.
Section 4.5 Enforcement of Rules. In connection with any and all Park Uses, including,
without limitation, authorized uses by Sports Leagues, the City shall enforce all applicable laws and
District rules, regulations, and policies, as any of those may be amended or otherwise modified from time
to time. The District's rules, regulations, and policies are available for review on the District's website,
although, upon reasonable request by the City, the District will provide copies of such rules, regulations,
and policies to the City. In its sole discretion, the City may enforce any applicable City rules, regulations,
and policies during City Use Periods.
Section 4.6 Monitoring During City Use Periods. The City shall have at least one City
employee present at the Joint Use Facilities during the entirety of each City Use Period (each a "City
Monitor"). The duties of the City Monitors shall be to (i) unlock and open access gates at the beginning
of each City Use Period; (ii) during each City Use Period, monitor the activities that occur at the Joint Use
Facilities and the portions of the School as are reasonably observable from the Joint Use Facilities; (iii)
enforce (or cause enforcement) of the laws, rules, regulations, and policies described in Section 4.5
herein; (iv) notify the District and the City in each case that the City Monitor observes any damage to any
of the Joint Use Facilities, whether such damage occurs during or prior to the City Use Period; and (v) at
the end of each City Use Period, and after confirming that all persons have vacated the Joint Use
Facilities (including, without limitation, the field restrooms), close and lock access gates. The City shall
ensure that each City Monitor: (i) is qualified and capable of competently performing and is fully
authorized to perform such duties; and (ii) wears such identification and uniform or other standardized
attire as will readily identify the City Monitor as being a representative of the City.
Section 4.7 Possessory Interest Taxes. If the County of Orange or other taxing or judicial
entity with competent jurisdiction determines that the use of any Joint Use Facilities by a Sports League
authorized pursuant to Section 4.4 herein constitutes possession and use by a private party and, therefore,
levies or authorizes the levy of a possessory interest tax, the Sports League if so specified in an applicable
permit with the City, or the City in all other cases, shall be responsible for paying the possessory interest
tax, and in no event shall the District be required to pay any such tax.
Section 4.8 Interparty Use Fees. The Parties' respective rights and obligations pursuant to this
Agreement, and the benefits to the District students and general public attributable to this Agreement,
shall be deemed and construed to constitute adequate consideration for this Agreement. Therefore,
neither Party shall charge the other Party any fee or other charge in connection with the uses of the Joint
Use Facilities authorized pursuant to this Agreement. The foregoing prohibition against fees and other
charges shall not be deemed or construed to apply to the payment or reimbursement of any utilities,
supplies, maintenance, repair, capital, or similar costs as may be required pursuant to this Agreement.
Section 4.9 User Fees and Charges. Subject to Education Code Section 10902 and other
applicable law (and, with respect to Sports Leagues, subject to Subsection 4.4.1 herein), a Party may
charge an authorized fee for the use of any Joint Use Facilities and/or admission to, or participation in,
any of the events and activities that the Party has authorized, organized, sponsored or otherwise provided
on or at any Joint Use Facilities (each a "User Fee"). Except as may be provided by law or any permit
issued by the City to a Sports League, any such fees or charges collected by a Party shall be and remain
that Party's property. However, for the avoidance of doubt, and without limiting anything else in this
Agreement, in no event shall the City be authorized to charge or otherwise levy any User Fee or other
amount in connection with any particular use of the Joint Use of Facilities if that use is not one of the
Park Uses as defined and described in Section 4.2 herein.
005718.0008423 BWS/07-18-23 -11-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Section 4.10 Presence of City Personnel During District Use Periods.
Subsection 4.10.1 Background Check Requirements. With respect to any and all City
maintenance, operations, and other personnel, including, without limitation, employees of third parties
under contract with the City (each a "City Worker") who will be present at the School at any time other
than during any City Use Period, the City shall: (i) comply with requirements for DOJ fingerprinting and
background checks set forth in Education Code Section 45125.1; (ii) certify to the District, using a form
provided by the District, that each City Worker who will be present at the School has undergone such
DOJ background check and been found by the DOJ NOT to have been convicted of, or have an arrest
pending final adjudication for, any of the crimes described in Education Code Section 45122.1 (i.e., the
person was "cleared" by the DOJ); and (iii) using a form provided by the District, attach a list of the City
Workers to whom the City's certification applies. In each case that the City receives notice from the DOJ
that the status of any City Worker previously cleared by the DOJ has changed, the City shall promptly
give notice to the District that identifies the City Worker and his, her, or their change in status.
Subsection 4.10.2 City Personnel Entry onto School Grounds. The City shall not
suffer or permit any City Worker to enter in or upon any portion of the School grounds at any time other
than during City Use Periods unless the City Worker has current DOJ cleared status and is included on a
list certified by the City in accordance with Subsection 4.10.1 herein. Each City Worker must, upon
entering the School grounds at any time other than City Use Periods: (i) check in at the School office
before entering further onto the School grounds; (ii) present identification and allow School staff to
confirm that the City Worker is on the list of City Workers certified by the City; and (iii) display the
identification in a conspicuous location on his, her, or their body (e.g., using lanyard or clip) at all times
while on the School grounds. School staff will refuse entry by any and each City Worker: (i) who has not
been cleared by the DOJ in accordance with Subsection 4.10.1 herein; or (ii) who is not on the current list
of DOJ cleared City Workers.
Subsection 4.10.3 Changes in Law. This Section shall be deemed and construed to
require compliance by the City with any and all laws and other governmental requirements that, in
essence, modify and/or supersede the requirements of Education Code Section 45125.1 in effect as of the
Effective Date.
Subsection 4.10.4 Applicability. The requirements of this Section shall not be deemed
or construed to apply to: (i) law enforcement personnel of the City or other governmental entities who are
acting in that capacity; or (ii) City administrative officers accompanied while on School grounds by
District administrative personnel.
Section 4.11 Presence of District Personnel. Because the work hours for District and School
administrators, teachers, maintenance staff, and other personnel typically do not begin or end concurrently
with, respectively, the beginning or end of the school day, it shall not be a breach or violation of this
Agreement for such personnel to have their personal or work vehicles parked at or on, or for such
personnel to be present at or on, any of the Joint Use Facilities, for purposes associated with their
respective work functions, at times when Park Uses are occurring. In addition, nothing in this Agreement
shall be deemed or construed to prohibit District or School personnel, as members of the general public,
from using the Joint Use Facilities to the same extent other members of the general public may use the
Joint Use Facilities.
Section 4.12 Field Closures.
Subsection 4.12.1 Generally. A Party reasonably may determine that use of the fields
must be temporarily prohibited, because of any condition posing a threat to public health or safety
(including, among other possibilities, pesticide or herbicide spraying) or because, for any other reason, the
fields likely will be damaged by additional use. Without limiting the foregoing, in each year during the
Agreement Term, the Parties shall include in the Joint Use Schedule a "rest period" during which the
005718.0008423 BWS/07-18-23 -12-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
fields are closed so that the turf may recover and regenerate as a means of helping to minimize wear and
damage to the fields.
Subsection 4.12.2 Procedures. If a Party desires to close the fields at the School, and
except for closures described in the Joint Use Schedule or unilateral closures due to inclement weather
authorized pursuant to Subsection 4.12.3 herein, that Party must consult with the other Party regarding the
need to close the fields, and the Parties' respective designated representatives shall attempt to agree
regarding whether the fields should be closed. In the event the Parties are unable to reach any such
agreement, the District shall determine whether the fields shall be closed. In each case, the closure shall
last only until such time as: (i) the fields reasonably can support additional use without sustaining damage
or extraordinary wear and tear; or (ii) if the reason for the closure was something other than preventing
damage or extraordinary wear and tear, the reason for the closure has been resolved.
Subsection 4.12.3 Inclement Weather. During or following periods of inclement
weather (including, among other possibilities, significant amounts of precipitation), either Party may
unilaterally close the fields at the School if that Party reasonably determines that closure of the fields is
necessary to prevent damage (or further damage) to the fields and/or injuries to persons. In each such
case, the Party that unilaterally closes the fields shall cause notice of the closure to be given on both its
own "Mud Line" and on the other Party's Mud Line, and the Parties' respective representatives shall fully
cooperate with efforts to provide such notice. For the avoidance of doubt, the District's Mud Line
presently is 714.730.7327, and the City's Mud Line presently is 714.502.8010.
Section 4.13 Overnight Parking Prohibited. Overnight parking in the parking lots, driveways,
and other portions of the grounds at the School is prohibited. Although the District's Campus Safety
Officers have patrol routes that include the School, the Tustin Police Department shall monitor the School
on its patrol routes to assist in enforcing the prohibition against overnight parking.
PART 5. MISCELLANEOUS OBLIGATIONS
Section 5.1 Miscellaneous City Obligations. Without limiting anything else in this
Agreement, the City shall, as applicable, do all of the following during the Agreement Term:
(1) Notify the District if custodial service is necessary during the hours that any Park Uses will occur
in order to keep the Joint Use Facilities in a neat, orderly, and sanitary condition at all times.
(ii) Not suffer or permit vehicles to enter upon the School grounds except for: (i) ingress, parking,
and egress in connection with Park Uses, using designated driveways and parking areas included
in the Joint Facilities Areas; and (ii) as may be necessary and authorized for the limited purposes
of maintenance, operation, and/or delivery of materials for the Joint Use Facilities.
(iii) Designate the City's Director of Parks & Recreation as the City's representative with whom the
District's administrative officers may initially confer regarding issues that arise from this
Agreement.
(iv) Provide appropriate City Workers necessary for the direction and supervision of Park Uses
occurring on or at the Joint Use Facilities.
Section 5.2 Miscellaneous District Obligations. Without limiting anything else in this
Agreement, the District shall, as applicable, do all of the following during the Agreement Term:
(i) Allow the City to use and/or permit the use of the Joint Use Facilities in accordance with the
provisions of this Agreement.
005718.0008423 BWS/07-18-23 -13-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
(ii) Designate the District's Senior Director of Maintenance and Operations as the District's
representative with whom the City's administrative officers may initially confer regarding issues
that arise from this Agreement.
(iii) Provide appropriate District personnel as necessary for the direction and supervision of District
activities on or at the Joint Use Facilities.
PART 6. CLEANUP, MAINTENANCE, AND REPAIR
Section 6.1 City Clean Up.
Subsection 6.1.1 Generally. The City shall be responsible at its own cost: (i) for
removal and proper disposal, at the conclusion of each day that the Joint Use Facilities are open to the
general public, of any and all trash on or at the Joint Use Facilities that is attributable to Park Uses
authorized pursuant to this Agreement ("City Clean Up"); and (ii) for thereafter locking the gates to the
School in order to preclude further access to the School grounds. If at any time the City fails to perform
the City Clean Up, the District may do so, without need for giving notice to the City and without waiving
any rights it may have pursuant to this Agreement, and, in such event, the City, in accordance with
Section 6.3 herein, shall reimburse to the District the costs that the District incurs in doing so.
Subsection 6.1.2 Trash Receptacles and Dumpsters. The City may use only trash
cans and/or receptacles installed as part of the Joint Use Improvements for purposes of City Clean Up, but
the City may empty such trash cans and receptacles into appropriate dumpsters at the School, e.g., no
non -recyclable trash is to be deposited into any recycling dumpster. Because, as of the Effective Date, the
capacity of the waste removal/recycling services serving the School (currently, two dumpsters, pickup
five days a week) are being fully utilized for School purposes, it will be necessary to increase the level of
services (for example, add another dumpster and another pick-up day) in order to accommodate trash
generated by the Park Uses. Therefore, the costs of the waste removal/recycling services shall be
allocated between the Parties as set forth in the Responsibility Table (defined in Section 6.4) in Exhibit
"E" attached to this Agreement that is entitled "Allocation of Utility/Service Costs."
Subsection 6.1.3 Animal Waste. The Parties acknowledge that, as determined by the
U.S. Center for Disease Control and Prevention ("CDC") and the U.S. Environmental Protection Agency
("EPA"), animal waste constitutes a biohazard and pollutant. Therefore, if the City allows dogs and/or
other animals to be brought onto School grounds, then, in order to protect the health and safety of District
students and others and to protect against pollution of School grounds, storm drains, and waterways, the
City shall be responsible at its own cost: (i) for removal from the School grounds and proper disposal, at
the conclusion of each day that the Joint Use Facilities are open to the general public, of all animal wastes
(other than liquids that have fully soaked into the ground, turf, et cetera); and (ii) for thereafter locking
the gates to the School in order to preclude further access to the School grounds. Notwithstanding
anything to the contrary, the City shall be responsible for and shall indemnify the District with respect to
any and all direct and indirect costs attributable to or arising from the deposit of animal wastes on or at
the School as a result of any Park Uses. If at any time the City fails to perform or adequately perform any
clean up of animal waste, the District may do so, without need for giving notice to the City and without
waiving any rights it may have pursuant to this Agreement, and, in such event, the City, in accordance
with Section 6.3 herein, shall reimburse to the District the costs that the District incurs in doing so.
Section 6.2 District Clean Up. The District shall be responsible for removal and proper
disposal of any and all trash on or at the Joint Use Facilities that is attributable to uses of the Joint Use
Facilities for School and/or District purposes ("District Clean Up"). For purposes of this Agreement, the
term "trash" means any and all litter, debris, waste, refuse, rubbish, et cetera, including, without
limitation, cups, bottles, napkins, wrappers, paper, boxes, cigarette butts, clothing, and broken or
abandoned toys or equipment.
005718.0008423 BWS/07-18-23 -14-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Section 6.3 Clean Up By Other Party. Because use of the Joint Use Facilities is required for
School purposes, the District may, without prior notice to the City, clean up any trash and/or animal waste
that otherwise is the City's responsibility pursuant to Section 6.1 herein, if the City has failed to timely
perform the necessary clean up. If the City reasonably determines that any trash present at the Joint Use
Facilities is interfering with Park Uses and is the District's responsibility pursuant to Section 6.2 herein
that the District has failed to timely clean up, the City may clean up that trash. If, in accordance with the
foregoing, a Party cleans up trash ("Cleaning Party") for which the other Party is responsible, then, upon
request of the Cleaning Party in its sole discretion, the other Party shall pay to the Cleaning Parry such
amounts as agreed by the Parties ("Cleaning Costs"). In any and each case that the Parties are unable to
agree on the Cleaning Costs, the other Party shall pay to the Cleaning Party such amount(s) as are equal to
what the District charges for custodial services pursuant to the Civic Center Act.
Section 6.4 Performance of Maintenance and Repairs.
Subsection 6.4.1 Generally. Each Party shall be responsible for performing all
reasonably necessary maintenance and repair of the Joint Use Facilities in accordance with the
responsibilities allocated as specified in the tables set forth as Exhibit E hereto (each a "Responsibility
Table"). To the extent permitted by law and applicable contractual arrangements, a Party may perform its
maintenance and repair obligations using either its own personnel or contracted forces under the direct
control of that Party.
Subsection 6.4.2 Routine Maintenance. For purposes of this Agreement,
maintenance, and repair includes routine, regular or periodic, and normal work that is necessary to
address normal wear and tear, prevent or arrest any degradation in the condition of the Joint Use
Facilities, or otherwise maintain or restore minor degradation of to any Joint Use Facilities ("Routine
Maintenance"), including, without limitation: (i) cleaning and stocking/restocking of restrooms; (ii)
trimming of vegetation and mowing of fields; (iii) fertilizing turf, shrubs, et cetera; (iv) replacing and
adjusting individual, broken sprinkler heads or valves; (v) painting over graffiti and other touch-up
painting; and (vi) performing minor repairs to plumbing, electrical, lighting, and other systems necessary
because of normal wear and tear.
Subsection 6.4.3 Non -Routine Maintenance. For purposes of this Agreement,
maintenance, and repair of the Joint Use Facilities other than Routine Maintenance ("Non -Routine
Maintenance") includes, without limitation: (i) replacing, over -seeding, and/or reconditioning of turf, (ii)
repaving, resurfacing or slurry -coating of asphalt/blacktop play areas; (iii) repaving, resurfacing or slurry -
coating of, and re -striping of, parking areas; (iv) repairing or replacing fencing and/or gates; (v) replacing
or repairing windows, walkway lighting, play -structures, equipment and other improvements located on
or at any of the Joint Use Facilities; (vi) repairing the exercise loop and/or trail; (vii) replacing or
repairing waterlines or multiple sprinkler heads or valves, or other significant replacement or repair of an
irrigation system; and (ix), other capital replacements and repairs of or to the Joint Use Facilities.
Section 6.5 Maintenance and Repair Standards. Each Party shall perform its maintenance
and repair obligations pursuant to this Agreement using not less than: (i) the same standards as the Party
applies to comparable public property owned or controlled by such Party; and (ii) such standards as
generally are appropriate for protecting the general public and other users of public property within the
County of Orange, and minimizing potential liability in connection with the uses of such public property.
Without limiting the foregoing, all maintenance and repair shall be performed: (i) in a professional
manner and be of good quality; (ii) promptly after the need for such work has arisen, in order to avoid
increased costs and hardships associated with deferred maintenance; and (iii) in accordance with the
Labor Code, the Public Contract Code, and other applicable law. In no event shall the City spray,
broadcast, apply, or otherwise use any herbicide or pesticide anywhere at the School, including, without
limitation, the Joint Use Facilities: (i) without first consulting with and obtaining the consent of the
005718.0008423 BWS/07-18-23 -15-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
District, which consent the District in its reasonable discretion may grant, deny, or condition; and (ii)
without complying in all respects with applicable laws relating to use of pesticides, herbicides, and
similar chemicals or compounds on public school sites and applicable laws relating to protection of the
environment.
Section 6.6 Notice of Major Work. If a Party intends to perform any maintenance and repair
that it reasonably will not be able to fully complete within a single, continuous period during which it is
entitled pursuant to this Agreement to use the affected portion of the Joint Use Facilities ("Major Work"),
that Party must provide written notice to the other Parry not less than thirty (30) days in advance of when
it intends to commence such Major Work. The written notice must include: (i) a reasonably detailed
description of the intended Major Work, including, without limitation, any special safety, noise, and/or air
quality considerations; and (ii) a proposed schedule for the Major Work that includes, among other
relevant information, the proposed date(s) such work will occur and the proposed daily start and stop
times for such work.
Section 6.7 Performance of Major Work Promptly following notice of Major Work as
provided in Section 6.6, the Parties, acting reasonably and in good faith, shall cooperate in developing a
mutually acceptable schedule for the performance of the Major Work. If the Parties are unable to agree
on a schedule for the performance of any Major Work, the Parry that intends to perform such Major Work
may commence and perform such work only during the periods that the Party is entitled, pursuant to this
Agreement, to use the affected portion of the Joint Use Facilities. If any Major Work will remain
unfinished for any period during which the work will cease or be suspended, the Party that is causing such
Major Work to be performed shall be responsible for having in place any and all safety barriers and other
safety measures necessary to protect students and others. If any Major Work will cause a temporary
inability to use any portion of the Joint Use Facilities for significant purposes (e.g., inability to park
vehicles in the parking lot because of repaving, resurfacing or slurry -coating work, or inability to use the
Sports Fields due to turf rehabilitation), then: (i) in addition to the notice pursuant to Section 6.6 herein,
the Party that intends to perform such work must give written notice to the other Party not less than
fourteen calendar days in advance of when access to such portion of the Joint Use Facilities will be closed
or restricted; (ii) such notice must describe in reasonable detail the need for the work and anticipated
scope and timing of the closure; and (iii) in each such case, the Parties shall reasonably cooperate with
respect to minimizing the adverse impacts of the closure on District Activities and Park Purposes,
including, among other things and to the extent practicable, scheduling such closures to occur during
periods when the School is closed for holidays or other breaks.
Section 6.8 Emergency Repairs. Consistent with Section 6.4 herein, each Party shall be
responsible for performing any and all necessary emergency repairs to the Joint Use Facilities
("Emergency Repairs") as provided in the applicable Responsibility Table. For purposes of this
Agreement, Emergency Repairs are any repair(s) needed to correct or otherwise resolve a sudden
breakage or other failure of an improvement, or any other sudden and unanticipated situation or incident,
that: (i) results in an imminent threat to the health and/or safety of any person; (ii) substantially impairs
the ability to use any significant portion of the Joint Use Facilities; or (iii) might result in significant
additional damage, or significant additional costs, unless repairs are made on an urgent or immediate
basis. In the event, a Party determines that Emergency Repairs to any portion of the Joint Use Facilities
are required, that Party must, immediately upon discovery of the emergency situation, telephonically
notify the other Party of the existence and general nature of the emergency situation. In addition, the
Party that discovers the emergency situation must take reasonable action to ensure that appropriate safety
measures (including, among possible others, barricades) are implemented in order to protect the health
and safety of any persons who might enter into the vicinity of the emergency situation. The Party that is
responsible for performing the emergency repairs must promptly thereafter commence and complete the
necessary Emergency Repairs.
005718.0008423 BWS/07-18-23 -16-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Section 6.9 Alterations. In each case that a Party intends to add, remove, and/or replace
improvements comprising the then -existing Joint Use Improvements (each an "Alteration"), that Party
shall cause adequate plans and specifications for the Alteration ("Alteration Plans") to be prepared by
qualified and experienced personnel or consultants. The Parties shall thereafter review the Alteration
Plans and, acting reasonably and in good faith, attempt to agree on: (i) any modifications to the Alteration
Plans necessary to make them reasonably acceptable to both Parties; (ii) the portions of the cost of the
Alteration, if any, to be paid by each of the Parties, and (iii) a schedule for completion of the Alteration.
If the Parties are unable to agree in accordance with the foregoing, either Party may invoke the dispute
resolution provisions set forth in Part 11 herein.
Section 6.10 Payment of Costs. Each Party shall pay the costs associated with repair and
maintenance described in this Part 6 as provided in the applicable Responsibility Table. If the
Responsibility Table specifies that the Parties are to "share" the cost of any particular repair or
maintenance activity, then each Party shall pay such percentage of the reasonable, actual costs of that
repair or maintenance activity as specified in the Responsibility Table. With respect to Non -Routine
Maintenance, the costs of which are to be shared by the Parties, the Party with responsibility for
performing that Non -Routine Maintenance must, not less than thirty days before the date the Parry intends
to commence the work: (i) provide a reasonably detailed estimate of the scope and cost of the Non -
Routine Maintenance; and (ii) thereafter consult with the other Party as to the necessity for that Non -
Routine Maintenance. The Parties may at any time agree in an amendment to this Agreement that: (i) the
percentage amounts set forth in the Responsibility Table shall be modified; (ii) any fixed, lump -sum, or
liquidated amount(s) shall be deemed and construed to constitute adequate reimbursement for the costs of
certain repair and maintenance; and/or (iii) that no reimbursement will be necessary with respect to costs
of certain repair and maintenance. A Party that seeks reimbursement of costs from the other Party in
accordance with this Section must provide to the other Party an invoice and such other documentation
(which may include but is not limited to, contracts, invoices, and time sheets) as reasonably evidences all
of the costs of the work. The undisputed portion of each such invoice shall be due and payable on the
date that is sixty days following receipt of the invoice and other documentation.
Section 6.11 Responsibility for Damage. Notwithstanding anything to the contrary, a Party
shall be responsible for costs associated with the repair of damage to any of the Joint Use Facilities or
other portions of the School if and to the extent the need for such repair is attributable to damage caused
by or resulting from: (i) any action or inaction by anyone who is present on or at the Joint Use Facilities
or other portions of the School in connection with, or as a consequence of, that Party's use rights pursuant
to this Agreement; (ii) the negligence or willful misconduct of that Party or its representatives; or (iii) any
action or inaction by that Party or its representatives that is contrary to or otherwise inconsistent with this
Agreement. A Party that seeks reimbursement of costs from the other Party in accordance with this
Section must provide to the other Party an invoice and such other documentation (which may include but
is not limited to, contracts, invoices, and time sheets) as reasonably evidences all of the costs of the repair
work. The undisputed portion of each such invoice shall be due and payable on the date that is sixty days
following receipt of the invoice and other documentation.
Section 6.12 Additional Maintenance and Repair Items. If subsequent to the Effective Date,
a Party determines that any item of maintenance and/or repair associated with the Joint Use Facilities is
not specified in an otherwise applicable Responsibility Table, the Parties shall reasonably cooperate in
determining the allocation of responsibility for such item, and the Parties shall enter into a written
amendment to this Agreement that modifies the Responsibility Table accordingly. If the Parties are
unable to agree on the allocation of responsibility, the Parties shall resolve the matter in accordance with
the dispute resolution provisions set forth in Part 11 of this Agreement.
005718.0008423 BWS/07-18-23 -1%-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
PART 7. COSTS OF UTILITIES
Section 7.1 Responsibility for Payment. Each Party shall pay the costs for utilities (including,
without limitation, water, sewer, and electricity) serving the Joint Use Facilities as provided in the
Responsibility Table in Exhibit E hereto that is entitled "Allocation of Utility/Service Costs."
Section 7.2 Alternative Allocations of Costs. The Parties may at any time agree in an
amendment to this Agreement that any fixed, lump -sum, or liquidated amount(s) shall be deemed and
construed to constitute adequate reimbursement for utility costs or may agree that no reimbursement will
be necessary.
Section 7.3 Invoicing of Costs. A Party that seeks reimbursement of costs from the other Party
in accordance with this Section must provide to the other Party an invoice and such other documentation
(which may include but is not limited to, contracts, invoices, and time sheets) as reasonably evidences all
of the applicable utility costs. The undisputed portion of each such invoice shall be due and payable on
the date that is sixty days following receipt of the invoice and other documentation.
PART 8. SCHOOL REAL PROPERTY
Section 8.1 Ownership. The School Real Property is and shall remain the property of, as
applicable, the District or OCBOE. Nothing in this Agreement shall be deemed or construed to
constitute, create, cause, or otherwise result in any conveyance to the City of any fee or other interest in or
to the School Real Property, including, without limitation, the real property underlying or constituting any
portion of the Joint Use Facilities, and regardless of whether actually owned by the District or OCBOE.
Section 8.2 Encumbrances. In no event whatsoever may the City: (i) encumber, or suffer or
permit the encumbrance of, any portion of the School Real Property or any improvement thereto or
thereon; or (ii) record, or authorize or permit the recording of, any mortgage, deed of trust, lien, UCC
filing, or other encumbrance of any nature (including, without limitation, any mechanics or judgment
liens) relating to any portion of the Joint Use Facilities, the other portions of the School Real Property, or
any improvement thereto or thereon. However, the District and/or OCBOE, each in its sole discretion and
for purposes of financing or otherwise, may encumber their respective portions of the School Real
Property with any lease, mortgage, lien, or other encumbrance ("Financing Documents"). This
Agreement shall in all cases be subordinate to any and all Financing Documents, provided that: (i) to the
extent Financing Documents relate to the District's portion of the School Real Property, the District, upon
request of the City, shall execute a non -disturbance agreement relating to this Agreement that is
reasonably acceptable to the District; and (ii) to the extent the Financing Documents relate to OCBE's
portion of the School Real Property, the District, upon request of the City, shall seek to cause OCBE to
execute a non -disturbance agreement relating to this Agreement that is reasonably acceptable to OCBE.
Section 8.3 As -Is Conditions. Prior to the Effective Date, the City had sufficient opportunities
to inspect and, to the extent it determined necessary, inspected the School Real Property, and the City
shall be deemed and construed to have: (i) accepted the School Real Property in its "as is" and "with all
faults" condition; (ii) waived and released any and all claims relating to the condition of the School Real
Property, regardless of the nature of the claims and regardless of whether the City was or could have been
aware of such claims; and (iii) in connection with the foregoing, waived any and all rights it may have
pursuant to Civil Code Section 1542. Section 1542 provides that:
A general release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with the debtor
or released party.
005718.0008423 BWS/07-18-23 -18-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
PART 9. INSURANCE
Section 9.1 Generally. Each Party shall at all times during the Agreement Term maintain in
effect such general liability, vehicle liability, fire and property, workers' compensation, and other
insurance coverage as required by law and, otherwise, as reasonably will protect the interests of the
Parties in connection with this Agreement. A Party may obtain or maintain such insurance coverage
through appropriate self-insurance or a joint -powers insurance cooperative of which the Party is a
member. Each Party's liability policies must be endorsed to: (i) provide that the other Party is an
additional insured; and (ii) waive the insurer's rights of subrogation against the other Parry. Each Party's
workers' compensation insurance must be endorsed to waive the insurer's rights of subrogation against
the other Party. Insurance coverage maintained by a Party shall be deemed and construed as primary with
respect to matters for which such Party is primarily liable or responsible pursuant to this Agreement, and
the insurance coverage maintained by the other Party shall be deemed secondary with respect to such
matters. Each Party shall, not later than thirty days prior to the beginning of each fiscal year, provide
certificates of insurance and endorsements evidencing the required insurance coverage to the other Party.
Within a reasonable time following the request by a Party, the other Party shall provide to the requesting
Party a copy of each requested insurance policy.
Section 9.2 Prohibited Actions. In no event a Party suffers or permit anything to be done,
brought, or kept on or at the Joint Use Facilities or other portions of the School Real Property that likely
will or could increase or otherwise adversely affect the existing costs, rates, or coverage of fire, property,
liability, or other insurance maintained by the other Party. The prohibition set forth in this Section shall
not be deemed or construed to apply to: (i) acts by the City expressly permitted by this Agreement; (ii)
acts by the District expressly permitted by this Agreement; and (iii) any other acts by the District that are
required, normal, usual, historical, traditional, or common uses of school property by the District or other
school districts in California, including, without limitation, special events and "Civic Center" uses.
PART 10. LIABILITYAND INDEMNIFICATION
Section 10.1 Liability of City. The City shall control and be solely responsible and liable for
the acts, omissions, and welfare of all City employees, agents, participants, and invitees at all times they
are present on or at any of the Joint Use Facilities or other portions of the School Real Property
specifically as a result of, or in connection with, the City's rights pursuant to this Agreement.
Section 10.2 Indemnification and Defense by City. The City shall indemnify and hold
harmless the District with respect to any and all damages, losses, judgments, costs, expenses (including,
without limitation, attorney fees and costs), and other liabilities of whatever nature (each a "Liability"
and, if more than one, the "Liabilities") that arise or are alleged to have arisen from the City's activities
pursuant to this Agreement, including, without limitation: (i) the use of any of the Joint Use Facilities by
any third party as a result of the City's rights pursuant to this Agreement; and (ii) the failure by the City to
perform its maintenance and repair or other obligations in accordance with this Agreement. However, the
City shall not be obligated pursuant to this Section to the extent any Liability is attributable to: (i) the
negligence or willful misconduct of the District or any of its officers, employees, students, or invitees; or
(ii) any act or omission for which the District is liable, without fault of the City. The City, at its sole cost
and expense, shall defend the District with respect to any and each claim, demand, action, and other
proceeding relating to matters within the scope of the foregoing indemnification obligation. Each defense
of the District conducted pursuant to this Section must be conducted by qualified and appropriately
experienced legal counsel reasonably acceptable to the District but selected and retained by the City at its
sole cost and expense.
Section 10.3 Liability of District. The District shall control and be solely responsible and
liable for the acts, omissions, and welfare and control of all District employees, agents, students, and
invitees at all times they are present on or at any of the Joint Use Facilities or other portions of the School
005718.0008423 BWS/07-18-23 -19-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Real Property specifically as a result of, or in connection with, the District's rights pursuant to this
Agreement.
Section 10.4 Indemnification by District. The District shall indemnify and hold harmless the
City with respect to any and all Liabilities that arise or are alleged to have arisen from the District's
activities pursuant to this Agreement, including, without limitation: (i) the use of any of the Joint Use
Facilities by any third party as a result of the District's rights pursuant to this Agreement; and (ii) the
failure by the District to perform its maintenance and repair or other obligations in accordance with this
Agreement. However, the District shall not be obligated pursuant to this Section to the extent any
Liability is attributable to: (i) the negligence or willful misconduct of the City or any of its officers,
employees, agents, participants, or invitees; or (ii) act or omission for which the City is liable, without
fault of the District. The District, at its sole cost and expense, shall defend the City with respect to any
and each claim, demand, action, and other proceeding relating to matters within the scope of the
foregoing indemnification obligation. Each defense of the City conducted pursuant to this Section must
be conducted by qualified and appropriately experienced legal counsel reasonably acceptable to the City
but selected and retained by the District at its sole cost and expense.
Section 10.5 Comparative Liability. Notwithstanding anything in this Section 10 to the
contrary, in the event a court of competent jurisdiction, or an arbitrator if the Parties have agreed to
arbitration, determines that both Parties are, to some extent, responsible for the existence of any Liability,
the Parties shall request that the court or arbitrator determine the comparative liability of the Parties with
respect to that Liability. Thereafter, the Parties shall be responsible for any damages payable on account
of such Liability consistent with such comparative liability determination, and a Party shall be entitled to
reimbursement from the other Party for damages that it has paid in excess of its share of damages based
on such comparative liability determination.
Section 10.6 Statutory Liability. Notwithstanding anything to the contrary, in the event a final
judgment issued by a court of competent jurisdiction or an arbitrator if the Parties have agreed to
arbitration, determines that this Agreement is an agreement within the scope of Government Code Section
895 and, in connection therewith, imposes liability on a Party solely by virtue of Government Code
Section 895.2, that Party shall be entitled to contribution as provided by Government Code section 895.6.
In the event Government Code Sections 895, 895.2, and/or 895.6 are amended or repealed, the
requirements of this Section shall apply with respect to any similar, successor, or superseding law that
imposes liability on a Party consistent with provisions of Government Code Sections 895.2 and 895.6 in
effect as of the Effective Date.
Section 10.7 Scope of Indemnification Obligation. With respect to each obligation of the City
set forth in this Agreement to indemnify, defend, and/or hold harmless the District, the term "District"
shall be deemed and construed to mean the District, the District Board, and each member thereof,
OCBOE, and each member thereof, the Orange County Superintendent of Schools, their respective other
officers, employees and agents, and each of them. With respect to each obligation of the District set forth
in this Agreement to indemnify, defend and/or hold harmless the City, the term "City" shall be deemed
and construed to mean the City, the City Council of the City, and each member thereof, their respective
other officers, employees and agents, and each of them.
Section 10.8 Insurance Not a Limitation on Liability. A Party's liability or responsibility
pursuant to this Agreement shall not be deemed or construed to be limited by the coverage amount(s) of
any insurance coverage maintained by either Party or both Parties (whether pursuant to this Agreement or
otherwise) or any proceeds thereof.
Section 10.9 Survival. With respect to any and all acts, omissions, and incidents that occur
prior to the expiration of the Agreement Term or other termination of this Agreement, each Party's rights
and obligations pursuant to this Section 10 shall survive such expiration or termination.
005718.0008423 BWS/07-18-23 -20-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
PART 11. DISPUTE RESOLUTION
Section 11.1 Notice and Opportunity to Cure. If a Party ("Asserting Party") desires to assert
or allege that the other Party ("Responding Parry") is in default of any one or more of its material
obligations pursuant to this Agreement, or as permitted by this Agreement in the event one or more other
specific issues arise, the Asserting Party may provide a written notice to the Responding Party that
specifies in reasonable detail the nature and extent of each alleged default and/or other issue underlying
the notice ("Notice of Opportunity to Cure"). Notwithstanding anything that may be construed to the
contrary, this Part 11 does not apply to any termination of this Agreement pursuant to clause (vii), (viii),
or (ix) of Section 12.2 herein. Depending on the nature of an alleged dispute or other issues, the
Responding Party shall have a specific number of days after receipt of the Notice of Opportunity to cure
the default or issue (each a "Cure Period"). In the event the Responding Party does not cure a default or
other Issue described in a Notice of Opportunity to Cure within the applicable Cure Period, the Asserting
Party, at its discretion, may initiate dispute resolution in accordance with this Part 11. For purposes of
this Agreement, the Cure Periods shall be:
(i) A reasonable period of time, not in excess of 72 hours, to cure any default or issue that constitutes
an imminent threat to persons or property, including, without limitation, any clean-up, maintenance,
or repair issue that might adversely affect the health, safety, or welfare of District students or other
persons;
(ii) A reasonable period of time, not in excess of 20 days, to cure any clean-up, maintenance, repair,
Project completion, or similar issue that does not constitute an imminent threat to any person;
(iii) A reasonable period of time, not in excess of sixty days, to cure a default or issue of any nature not
within the scope of the foregoing clauses (i) or (ii), other than a default of an obligation to pay or
reimburse any money; and
(iv) A reasonable period of time, not in excess of ninety days, to cure a default of an obligation to pay
or reimburse any money.
Section 11.2 Informal Dispute Resolution. In each case that a dispute between the Parties
arises out of or relates to this Agreement (each a "Dispute"), the Parties shall attempt, as provided in this
Part 11, to informally resolve the Dispute as quickly and as amicably as possible. For purposes of this
Agreement, Disputes may include, among others, disagreements regarding: (i) the meaning of any
provision of this Agreement; (ii) the validity of any determination or calculation required pursuant to this
Agreement; (iii) one or more alleged defaults or other issues specified in any Notice of Opportunity to
Cure; and (iv) other rights or obligations of the Parties pursuant to this Agreement. If a Dispute is not of
such nature that a Party may give a Notice of Opportunity to Cure, then the Party alleging the Dispute
shall give the other Party a written notice of the Dispute ("Notice of Dispute"). In each case, the informal
dispute -resolution attempts shall include good -faith, reasonable and diligent efforts by both Parties to
communicate and, if possible, to reconcile or compromise their respective positions. The participation by
a Party in such attempts to informally resolve a Dispute shall be a condition precedent to that Party
exercising any available remedy in response to the Dispute. If the Parties have not resolved a Dispute
after diligently making such attempts for at least the applicable period specified in Section 11.4 herein,
either Party may give written notice to the other Party that the attempts have been unavailing and,
therefore, the attempts have been terminated effective upon receipt of the notice by the other Party.
Section 11.3 Commencement of Informal Dispute Resolution. The Parties, in each case, shall
commence attempts to informally resolve a Dispute, as required pursuant to this Part 11, in accordance
the following: (i) with respect to each matter within the scope of the 72-hour Cure Period described in
Section 11.1, not later than the next business day following expiration of the Cure Period absent a
satisfactory cure by the Responding Party; (ii) with respect to each matter within the scope of the 20-day
005718.0008423 BWS/07-18-23 -21-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Cure Period described in Section 11.1, within fourteen days following expiration of the Cure Period
absent a satisfactory cure by the Responding Party; (iii) with respect each matter within the scope of the
60-day Cure Period described in Section 11.1, within thirty days following expiration of the Cure Period
absent a satisfactory cure by the Responding Party; and (iv) with respect to all other matters, within thirty
days following the date the applicable Notice of Default was received by the recipient Party.
Section 11.4 Continuation of Informal Attempts. Once the Parties have commenced any
particular informal dispute -resolution attempts, they shall diligently and in good faith continue such
attempts for a period of time in accordance with the following: (i) with respect to each matter within the
scope of the 72-hour Cure Period described in Section 11.1, at least two business days; (ii) with respect to
each matter within the scope of the 20-day Cure Period described in Section 11.1, at least fourteen days;
(iii) with respect each matter within the scope of the 60-day Cure Period described in Section 11.1, at
least thirty days; and (iv) with respect to all other matters, at least thirty days.
Section 11.5 Exercise of Available Remedies. If the informal attempts to resolve a Dispute
pursuant to this Part 11 are terminated without the Dispute having been fully and finally resolved, either
or both of the Parties may initiate any legal or equitable action or other proceedings in response to the
Dispute that is available pursuant to applicable law and this Agreement. However, notwithstanding
anything to the contrary, if a Party fails to respond to, or participate in good faith in, any requests or
requirements for resolution of the Dispute pursuant to this Part 11 ("Failing Party"), the other Party, in its
discretion and without needing to further comply with this Part 11, may initiate any legal or equitable
action in response to the Dispute that is available pursuant to applicable law and this Agreement and, in
that action, shall be entitled to a binding determination that the Failing Party did not exhaust its
administrative remedies and, therefore, has prejudiced its own rights. However, no such legal or
equitable action may be initiated unless and until any Cure Period has expired in the absence of a
satisfactory cure.
PART 12. TERMINATION
Section 12.1 Expiration of Agreement Term. This Agreement shall terminate automatically
(i.e., without need for any act by either Party or by any other person or entity) upon expiration of the
Agreement Term.
Section 12.2 Termination for Cause. For avoidance of doubt, a Party may terminate this
Agreement only for cause, and only after compliance, as applicable, with provisions of Part 11 herein
relating to notice, opportunity to cure, and attempts to resolve disputes informally. Except as the Parties,
each in its sole discretion, may agree in writing, a termination for cause, in each case, shall be effective
upon termination of informal dispute -resolution attempts pursuant to Part 11 herein. For purposes of
example, and not as a limitation, each of the following shall constitute cause for termination of this
Agreement:
(i) A Party has, on one or more occasions, defaulted with respect to any of its material obligations
pursuant to this Agreement;
(ii) A Party has, on one or more occasions, failed, within the time required, to pay or reimburse any
amount due to the other Party in accordance with this Agreement;
(iii) The City has not commenced construction of the Joint Use Improvements in time to ensure
completion of that work by March 30, 2028, in accordance with Section 2.3;
(iv) One or more uses of the Joint Use Facilities for Park Purposes has resulted in any significant or
ongoing interference with the use of the buildings, grounds, and/or equipment at the School for
School or District purposes, or has materially interfered with, conflicted with, or been
005718.0008423 BWS/07-18-23 -22-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
incompatible with, the operational, educational, recreational, or other programs or activities of the
School or the District, or has conflicted with or been inconsistent with the provisions of this
Agreement;
(v) In connection with one or more uses of the Joint Use Facilities for Park Purposes, the District has
incurred increased, additional, or otherwise extraordinary operational, maintenance,
administrative, or other costs, and the City has not, within thirty days of notice from the District,
paid or reimbursed, or agreed in writing to pay or reimburse, the District for such costs;
(vi) The presence of non -students at or in the vicinity of the School has resulted in significant or
ongoing property, health, or safety issues (including, without limitation, vandalism or other
crime);
(vii) The District determines in its sole discretion, due to declining enrollment or for any other reason,
to close the School for educational purposes, whether permanently, indefinitely, or for any
specific period in excess of one school year, and the District, OCBOE, and the City have not,
within ninety days following notice from the District, entered into a written amendment to this
Agreement that, among other things, allocates all responsibility and liability for operation,
maintenance, and repair of the Joint Use Facilities to the City;
(viii) The District determines in its sole discretion that it is necessary to reconfigure or otherwise
modify the School in order to accommodate School or District operations, programs, and/or
activities as those evolve or change over time, and the District and the City have not, within
ninety days of notice from the District, entered into a written amendment to this Agreement that,
among other things, provides for relocation and/or reconfiguration of the Joint Use Improvements
as necessary to accommodate the reconfiguration or other modification of the School; and
(ix) For any reason, the Facilities Use Agreement has been or will be terminated, and the District,
OCBOE, and the City have not, within ninety days following notice from the District, entered
into a written amendment to this Agreement that, among other things, sets forth OCBOE's
consent to the continued use of its portion of the School for Park Purposes.
Section 12.3 Disposition of Joint Use Improvements. At all times during the Agreement Term
and thereafter, and subject to all other provisions herein (including, without limitation, Part 6 herein), any
and all Joint Use Improvements that have been affixed to the realty shall be the sole property of the
District. Following termination of this Agreement in accordance with its provisions, the City shall be
solely responsible and liable for any and all obligations to the State that arise from or in connection with
the termination of this Agreement, the State Grant, and/or the Program.
PART 13. ASSIGNMENT
Section 13.1 Generally. Both Parties acknowledge that they have entered into this Agreement
in recognition of their particular roles in serving public needs. Therefore, neither Party may assign this
Agreement (in whole or in part), or assign any of its rights pursuant to this Agreement, or delegate any of
its obligations pursuant to this Agreement, except in the limited manner provided in this Part 13.
Section 13.2 City. The City may not assign any portion of this Agreement other than to a
successor public agency, and only to the extent the City's responsibility for providing public recreational
programs and activities is assumed by such successor public agency. In the event of any such assumption
of the City's responsibility, the successor public agency shall automatically assume all obligations and be
entitled to all rights of the City pursuant to this Agreement.
005718.0008423 BWS/07-18-23 -23-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Section 13.3 District. The District may not assign any portion of this Agreement other than to
a successor public educational entity in the event of a school district reorganization pursuant to pursuant
to Education Code Sections 35500 et seq. and/or 35700 et seq., as those may from time to time be
amended or superseded. In the event of any such reorganization, the successor public educational entity
shall automatically assume all obligations and be entitled to all rights of the District pursuant to this
Agreement.
PART 14. NOTICES
Section 14.1 Manner of Giving or Serving Notice. Each notice required or permitted to be
given or served pursuant to this Agreement (each a "Notice") shall be given or served: (i) by personal
service, with the recipient's signature on delivery receipt requested; (ii) by certified mail, postage prepaid
and return receipt requested; or (iii) by UPS, FedEx, or other private delivery service, delivery charges
prepaid and signature of the recipient on electronic or other delivery receipt requested.
Section 14.2 Applicability of this Part. The requirements of this Part 14 shall not be deemed
or construed to apply to: (i) day-to-day communications between the Parties for purposes of administering
this Agreement; or (ii) service of process in accordance with any applicable law or rule of court.
Section 14.3 Changes in Contact Information. A Party may change its address and/or other
contact information for purposes of Notices by giving Notice to the other Party in accordance with this
Part 14.
Section 14.4 Effectiveness of Notice. A Notice shall be deemed to have been duly given or
served only upon actual receipt of the Notice by the addressee or by an assistant or other person in the
offices of the addressee. Notwithstanding the foregoing, any and each Notice that is given or served after
4:30 p.m. Pacific time on any business day or that is given or served on any day that is not a business day
shall be deemed to have been given or served as of 9:00 a.m. Pacific time on the next subsequent day, that
is a business day.
Section 14.5 Contact Information for Purposes of Notice. Notices shall, as applicable, be
addressed and sent to the following addresses:
To District:
Tustin Unified School District
Attn: Director of Maintenance & Operations
1302 Service Road
Tustin, CA 92780
With copies of Notices to District also sent to:
Tustin Unified School District
Attn: Chief Financial Officer
300 South C Street
Tustin, CA 92780
PART 15. MISCELLANEOUS PROVISIONS
To Ci :
City of Tustin
Attn: Director of Parks and Recreation
300 Centennial Way
Tustin, CA 92780
With conies of Notices to Citv also sent to:
City of Tustin
Attn: City Manager
300 Centennial Way
Tustin, CA 92780
Section 15.1 Drafting of Agreement. Each Party acknowledges that it had the opportunity to
consult with independent legal counsel of its own choice throughout all negotiations preceding the
execution of this Agreement and that it has executed this Agreement after receiving, or having had an
unqualified opportunity to receive, the advice of its own legal counsel. Therefore, in interpreting this
Agreement, no ambiguity shall be resolved against either Party based on the premise that it or its
attorneys were responsible for drafting this Agreement or any provision herein.
005718.0008423 BWS/07-18-23 -24-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
Section 15.2 Interpretation. The captions and headings set forth herein are for convenience
only and in no way establish, define, or limit the scope or intent of any Parts, Sections, Subsections, or
other provisions of this Agreement. Unless specified otherwise, any reference herein to a Part, Section,
Subsection, or other provision shall be construed as a reference to a provision of this Agreement. As used
in this Agreement, "must" and "shall" shall be interpreted as mandatory, and "may" shall be interpreted as
permissive. Where necessary or useful in the context of this Agreement, use of the singular shall be
deemed to include the plural and use of the plural shall be deemed to include the singular.
Section 15.3 Days and Other Periods of Time. Unless expressly specified otherwise,
references in this agreement to periods of days shall mean consecutive calendar days, and references to
months or other periods of time shall mean consecutive months or other periods of time. For purposes of
this Agreement, the term "business day" means any day that is not a Saturday, a Sunday, or an official
federal or California holiday.
Section 15.4 Third -Party Beneficiaries. Notwithstanding that this Agreement may result in
benefits to the public, generally, this Agreement shall not be deemed or construed to benefit, and shall not
be enforceable by, any person or entity that is not a party to this Agreement. The Parties have entered into
this Agreement solely for their own benefit, and no third person shall be entitled, directly or indirectly, to
base any claim or to have any right arising from, or related to, this Agreement. Neither Party shall be
deemed or construed, as a consequence of having entered into this Agreement, to have waived any of the
immunities provided under state or federal law.
Section 15.5 Waiver. No waiver of any provision of this Agreement shall be binding or
enforceable unless set forth in writing and signed by a duly authorized representative of the waiving
Party. Absent an applicable written waiver, the forbearance or indulgence by a Party in any regard
whatsoever with respect to any particular obligation or right shall not constitute a waiver of such
obligation or right. No waiver of any provision of this Agreement shall be deemed or construed to be a
waiver of any other provision of this Agreement or, except as expressly provided in the applicable written
waiver, shall constitute a continuing waiver of that provision.
Section 15.6 Severability. If a court of competent jurisdiction issues a final and binding
determination that any term, covenant, condition, or other provision of this Agreement is invalid, void, or
unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and this
Agreement shall thereafter be construed, to the maximum extent possible, to implement the intent
underlying the invalid, void, or unenforceable provision.
Section 15.7 Entire Agreement. This Agreement sets forth the entire understanding and
agreement of the Parties with respect to the joint use of the School by the Parties, and this Agreement
supersedes any and all prior and contemporaneous discussions, understandings, and agreements (whether
written or oral) relating to such subject matter. No promise, representation, or warranty made by either
Party in connection with such subject matter (whether written or oral) shall be valid or binding, to any
extent or for any purpose, except to the extent it has been expressly set forth in this Agreement.
Section 15.8 Amendments. No amendment or other modification of this Agreement shall be
valid or enforceable unless set forth in writing and duly approved and executed by both Parties.
Section 15.9 Recitals and Exhibits. The Recitals set forth on pages 1 and 2 of this Agreement
are intended to be used and shall be used for purposes of interpreting this Agreement. The Exhibits
referenced herein and attached hereto are hereby incorporated as effective and operative parts of this
Agreement.
005718.0008423 BWS/07-18-23 -25-
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
PART 16. EXECUTION OF AGREEMENT
Section 16.1 Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same original instrument. Signature
pages may be detached from counterpart originals and combined to physically form one or more original
copies of this Agreement containing the signatures of both Parties.
Section 16.2 Due Authority and Binding Effect. Each Party hereby represents and warrants
that it has all power and authority necessary to execute, deliver, and perform this Agreement. Each
person that signs this Agreement on behalf of a Party hereby represents and warrants that he or she has
been duly authorized by appropriate action of such Party to execute, and thereby bind such Party to, this
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as evidenced by the
signatures below of their respective duly authorized representatives.
TUSTIN UNIFIED SCHOOL DISTRICT
Lin
Harold Sullins, Chief Financial Officer
Date Signed:
APPROVED AS TO FORM:
By: Atkinson, Andelson, Loya, Ruud & Romo,
Attorneys for the Tustin Unified School
District
LIN
Brian W. Smith, Legal Counsel
DISTRICT BOARD APPROVAL DATE:
2023
CITY OF TUSTIN
By:
Austin Lumbard, Mayor
Date Signed:
ATTEST:
By:
Erica Yasuda, City Clerk
Date Signed:
APPROVED AS TO FORM.
By: for
David E. Kendig, City Attorney
CITY COUNCIL APPROVAL DATE:
RIZ►N
005718.0008423 BWS/07-18-23
783122.10
-26-
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
EXHIBIT "A"
Depiction of School as of the Effective Date
illiams 5t
005718.0008423 BWS/07-18-23 A-1
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
EXHIBIT `B"
Joint Use Area Site Plan
1
1 *1
r`
n
I
IJ
yet"✓
3 P� � /
W
\ n
w
K
�
—L
0)
13 NNVH?NI711a
IV IN]
•%
w x
H �! V
w Y z
F z
a Q F-
005718.0008423 BWS/07-18-23
783122.10
B-1
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
EXHIBIT "C"
Itemization of Estimated Total Improvement Cost
PARK SITE at HEIDEMAN ELEMENTARY SCHOOL
PRELIMINARY CONSTRUCTION BUDGET ESTIMATE
November 2020
No.
Construction Item Description
Estimated
Quantity
Unit
Unit Price
Total
A. PARK
STRUCTURES
1
Building - (Restroom, Staff Office Space &
Storage - 650 SF)
1
LS
$ 385,000.00
$ 385,000.00
2
Shade Structure (1,760 SF)
1
LS
$ 175,000.00
$ 175,000.00
3
Septic System and Pump
1
LS
$ 25,000.00
$ 25,000.00
B. PAVEMENTS, PLAZA AND BALL COURTS
4
Re -surface / Paint (E.) Basketball Court
4,975
SF
$ 10.00
$ 49,750.00
5
Concrete Flatwork
20,950
SF
$ 10.00
$ 209,500.00
6
Concrete Band (12" Wide)
1,115
LF
$ 50.00
$ 55,750.00
7
Concrete Header (6" Wide)
1,875
LF
$ 25.00
$ 46,875.00
8
Concrete Header (24" Wide)
70
LF
$ 100.00
$ 7,000.00
9
All Weather Track (3 Lanes)
12,900
SF
$ 25.00
$ 322,500.00
10
Decomposed Granite Path
7,825
SF
$ 2.00
$ 15,650.00
11
Skate Plaza (1,300 SF)
1
LS
$ 60,000.00
$ 60,000.00
12
Gate - Double Swing
5
EA
$ 5,000.00
$ 25,000.00
13
Chain Link Fencing (6' High)
50
LF
$ 100.00
$ 5,000.00
14
Tube Steel Fencing
205
LF
$ 150.00
$ 30,750.00
15
Decorative Fabric Cover for Chain Link
Fence
500
LF
$ 75.00
$ 37,500.00
16
Park Signage
1
LS
$ 20,000.00
$ 20,000.00
17
Wayfinding Signs
1
LS
$ 20,000.00
$ 20,000.00
18
Bollards
8
EA
$ 2,000.00
$ 16,000.00
C. PLAYGROUND EQUIPMENT AND SURFACING
19
PPllad)y Equipment (2-5 Year Old & 5-12 Year
O
1
LS
$ 300,000.00
$ 300,000.00
20
Playground Play Surfacing (Rubber)
3,370
SF
$ 20.00
$ 67,400.00
D. SITE FURNISHINGS
21
Fitness Equipment (12 Pieces)
1
LS
$ 45,000.00
$ 45,000.00
22
Bike Rack
3
1 EA
1 $ 1,200.00
1 $ 3,600,00
Park Site at Heideman Elementary School Construction Itemized Estimate
1 of 3
11l5/2020
005718.0008423 BWS/07-18-23 D-1
783122.10
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
�awdscupe.hrch6teats awd Puri¢ Ptawwcrs
No.
Construction Item Description
Estimated
Quantity
Unit
Unit Price
Total
23
Trash and Recycling Receptacle
15
EA
$ 1,200.00
$ 18,000.00
24
Picnic Tables
6
EA
$ 2,000.00
$ 12,000.00
25
Cafe Game Tables
3
EA
$ 2,000.00
$ 6,000.00
26
Precast Table Tennis
1
EA
$ 3,500.00
$ 3,500.00
27
Park Bench
10
EA
$ 2,000.00
$ 20,000.00
28
Concrete Seatwall
535
LF
$ 250.00
$ 133,750.00
29
Drinking Fountain
1
EA
$ 5,000.00
$ 5,000.00
E. LANDSCAPE AND IRRIGATION
30
Soil Prep & Fine Grading
95,800
SF
$ 0.30
$ 28,740.00
31
Shrub & Groundcover Plantings
35,200
SF
$ 3.75
$ 132,000.00
32
Tree - 36" Box
60
EA
$ 800.00
$ 48,000.00
33
Wood Mulch (3" Layer - 35,200 SF)
326
CY
$ 50.00
$ 16,300.00
34
Turf - Sod
60,600
SF
$ 2.00
$ 121,200.00
35
Automatic Irrigation System (95,800 SF)
1
LS
$ 300,000.00
$ 300,000.00
36
Ninety (90) Day Maintenance
1
LS
$ 10,000.00
$ 10,000.00
F. SITE LIGHTING & SECURITY
37
Electrical (Including Transformer)
1
LS
$ 35,000.00
$ 35,000.00
38
Bollards (191ea)
1
LS
$ 45,000.00
$ 45,000.00
39
Lighting - Basketball (8 poles/fixtures)
1
LS
$ 50,000.00
$ 50,000.00
40
Lighting - Sports Field (4 poles/fixtures)
1
LS
$ 150,000.00
$ 150,000.00
41
Lighting -Area Lighting (9 poles/fixtures)
1
LS
$ 27,000.00
$ 27,000.00
42
Security Cameras
6
EA
$ 2,500.00
$ 15,000.00
43
Perimeter Fence (16' high C.L.)
1,300
LF
$ 250.00
$ 325,000.00
Park Site at Heideman Elementary School Construction Itemized Estimate
Construction Items Estimate $ 3,423,765.00
2of3
11/5/2020
005718.0008423 BWS/07-18-23 D-2
783122.10
DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F
t.awdseape fFrchEteats avwl 'Perk Pl.pwwcrs
No.
Construction Item Description
Estimated
Quantity
Unit
Unit Price
Total
G. SITE CLEARING, EARTHWORK AND GRADING, STORMWATER FACILITIES
44
Mobilization (156,200 SF)
1
LS
$ 128,000.00
$ 128,000.00
45
Demolition (156,200 SF)
1
LS
$ 100,000.00
$ 100,000.00
46
Earthwork and Grading
1
LS
$ 52,000.00
$ 52,000.00
CONSTRUCTION CONTINGENCIES & MARK-UP
Contractor Profit (10% of construction items estimate)
$ 342,376.50
Contingency & Escalation Estimate (20% of construction items estimate)
$ 684,753.00
Construction Management & Administration (5% of construction items estimate)
$ 171,188.25
Subtotal $ 1,478,317.75
RECREATION ELEMENTS CONSTRUCTION TOTAL $ 4,902,082.75
PRE -CONSTRUCTION COSTS
Pre -Design Services $ 50,000.00
Design Development & Construction Drawings $ 490,208.28
Bidding Assistance & Permitting $ 245,104.14
Pre -Construction Costs Total $ 785,312.41
RECREATION ELEMENTS CONSTRUCTION TOTAL with PRE -CONSTRUCTION COSTS $ 5,687,395.16
Park Site at Heideman Elementary School Construction Itemized Estimate
3of3
11/5/2020
005718.0008423 BWS/07-18-23 D-3
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
EXHIBIT "D"
Joint Use Schedule
School Year
Table 1: All Joint Use Facilities except for Black Top Area
District
Monday — Friday, 6:00 am — 4:00 pm
Monday — Friday, 4:00 pm — 9:00 pm
City
Saturday/Sunday — 9:00 am — 9:00 pm
Table 2: Black Top Area
District
Monday — Friday, 6:00 am — 6:00 pm
Monday — Friday, 6:00 pm — 9:00 pm
City
Saturday/Sunday — 9:00 am — 9:00 pm
Holiday Breaks (Fall, Winter, Spring, and Summer Recess)
Table 3: All Joint Use Facilities except for Black Top Area
District
Monday
Friday, 6:00 am to 6:00 pm
City
Monday
— Sunday, 9:00 am — 9:00 pm
Table 4: Black Top Area
District
Monday — Friday, 6:00 am — 6:00 pm
Monday — Friday, 6:00 pm — 9:00 pm
City
Saturday/Sunday — 9:00 am — 9:00 pm
Table 5: Field "Rest Periods"
As scheduled by District,
but tentatively first week of June
As scheduled by District,
But tentatively third week of December
005718.0008423 BWS/07-18-23 D-4
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
EXHIBIT "E"
Responsibility Tables
ROUTINE REPAIR AND MAINTENANCE
TO BE PERFORMED BY THE DISTRICT
District Share of
No.
Service or Item
Cost
City Share of Cost
1
Mowing of Natural Turf
50%
50%
2
Irrigation of Natural Turf
50%
50%
Trees, Shrubs, and other
3
50%
50%
Vegetation
4
Garden/Groundcover
50%
50%
5
Fences/Gates
50%
50%
ROUTINE REPAIR AND MAINTENANCE
TO BE PERFORMED BY THE CITY
No.
Service or Item
District Share of
Cost
City Share of Cost
1
Park Bathrooms
(Cleaning/Stocking)
100%
2
Park Bathrooms
(Repair/Maintain)
100%
3
Field Lighting
100%
4
Walkway Lighting
100%
5
Picnic Shelter
100%
6
Tables/Benches
100%
7
Outdoor Fitness Equipment
100%
8
Playground
50%
50%
9
Signs
100%
10
Bike Rack
100%
11
Animal Waste
100%
005718.0008423 BWS/07-18-23 E-1
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
NON -ROUTINE REPAIR AND MAINTENANCE
TO BE PERFORMED BY THE DISTRICT
No.
Service or Item
District Share of
Cost
City Share of Cost
1
Natural Turf
50%
50%
2
Walking Trail
50%
50%
3
Exercise Loop
50%
50%
4
Blacktop Courts/Surfaces
50%
50%
5
Parking Lots/Driveways
50%
50%
6
Trees
50%
50%
NON -ROUTINE REPAIR AND MAINTENANCE
TO BE PERFORMED BY THE CITY
No.
Service or Item
District Share of
Cost
City Share of Cost
1
Field Restrooms
100%
2
Field Lighting
100%
3
Walkway Lighting
100%
4
Picnic Shelter
100%
5
Tables/Benches
100%
6
Outdoor Fitness Equipment
100%
7
Playground
50%
50%
8
Signs
100%
9
Bike Rack
100%
005718.0008423 BWS/07-18-23 E-2
783122.10
DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F
ALLOCATION OF UTILITY/SERVICE COSTS
No.
Utility
District Share
City Share
1
Electricity
o
75 /0
0
25 /o
(Parking Lot Lighting)
Electricity
2
(Field, Office, Bathroom,
100%
and Walkway Lighting)
Water
3
(Park Bathrooms,
100%
Drinking Fountains)
4
Water
o
50 /0
0
50/o
(All Landscape Irrigation)
5
Sewer
o
100/o
(Park Bathrooms)
6
Waste Removal/Recycling
66.66%
33.33%
(Combined Service)
005718.0008423 BWS/07-18-23 E-3
783122.10