1 AGREEMENT
THIS AGREEMENT, dated for purposes of identification only this ___ day of ________, 2023, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM,"
A
N
D
ANAHEIM UNION HIGH SCHOOL DISTRICT,
a public school district, hereinafter referred to as “SCHOOL DISTRICT.”
W I T N E S S E T H:
WHEREAS, SCHOOL DISTRICT has athletic fields at the following school locations in the City of Anaheim:
Trident Education Center, 1800 W. Ball Road, Anaheim, CA 92804 South Jr. High School, 2320 E. South Street, Anaheim, CA 92806 Sycamore Jr. High School, 1801 East Sycamore Street, Anaheim, CA 92805 WHEREAS, Trident Education Center and South Jr. High School shall make their athletic fields available to Non-Profit Youth Organizations for use in accordance with this Agreement and as shown in Exhibit “B”, attached hereto and incorporated herein by reference; and WHEREAS, Sycamore Jr. High School shall make its athletic fields available to Non-Profit Youth Organizations and also make the fields available for “park like” use as shown in Exhibit “B”; and
WHEREAS, “park like” use shall be defined as public access to the field for passive recreation and such use shall be in accordance with the provisions of Anaheim Municipal Code Chapter 13.08; and
WHEREAS, SCHOOL DISTRICT has agreed to waive charges f or use of such athletic fields by non-profit youth organizations in Anaheim (hereinafter referred to as “Non-Profit Youth Organizations”); and
2 WHEREAS, both ANAHEIM and SCHOOL DISTRICT have experienced vandalism in ANAHEIM's parks and SCHOOL DISTRICT's playgrounds; and
WHEREAS, as such, ANAHEIM agrees to have its Park Rangers patrol those schools listed above during use of those athletic fields at the times further specified herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. USE OF FACILITIES
A. SCHOOL DISTRICT shall waive charges for Non-Profit Youth Organizations’ use of its athletic fields for the above-named schools. The general dates and times available for permitting are as follows:
Time Period Weekdays Weekends
June - July 8:00 am – 8:00 pm 8:00 am – dusk
August – October 5:00 pm – 8:00 pm 8:00 am – dusk
November – February 4:30 pm – 6:00 pm 8:00 am – dusk
March – May 5:00 pm – 8:00 pm 8:00 am – dusk
SCHOOL DISTRICT shall provide ANAHEIM with site specific use schedule by November 1 of each year with all available dates and times. Additionally, a 7-week period will be identified for the following calendar year by SCHOOL DISTRICT and ANAHEIM when sites will not be available for permitting due to renovation or maintenance. SCHOOL DISTRICT shall provide ANAHEIM with a report every six months detailing the permitted use that has resulted from this Agreement.
B. SCHOOL DISTRICT and ANAHEIM agree that ANAHEIM shall hav e staff present at all times during use of the Sycamore Jr. High School for “park like” use.
C. SCHOOL DISTRICT shall continue day-to-day maintenance of the athletic fields to maintain the fields in a safe and playable surface, in accordance with attached Exhibit “A”. ANAHEIM shall not bear any responsibility of the maintenance of the athletic fields. 3 D. During the term of this Agreement, ANAHEIM shall provide SCHOOL DISTRICT with Fifty Thousand Dollars and No/100 Cents ($50,000.00) per year for improvements and annual maintenance costs.
The scope of work for the renovations and ongoing maintenance will specifically include work outlined in Exhibit “A”. Yearly renovation/maintenance dates as will be identified agreed upon by SCHOOL DISTRICT and ANAHEIM. During the renovation/maintenance dates the fields will be closed and no play shall take place.
E. ANAHEIM shall make payment to SCHOOL DISTRICT on the following schedule: Fifty Thousand Dollars and No/100 Cents ($50,000.00) will be due to SCHOOL DISTRICT no later than June 15th prior to the year of use.
F. ANAHEIM agrees to provide and regularly maintain portable restrooms for any user group use of the SCHOOL DISTRICT athletic fields identified herein . Portable restroom placement must be approved by SCHOOL DISTRICT and secured in a manner that would prevent them from being moved.
G. ANAHEIM shall subm it all req uests for use of SCHOOL DISTRICT facilities by approved Youth Sports Organizations to SCHOOL DISTRICT. SCHOOL DISTRICT shall review all requests and provide ap proval when appropriate. ANAHEIM may confirm and permit use of SCHOOL DISTRICT facilities by YSOs afte r receipt of approval from SCHOOL DISTRICT.
H. ANAHEIM and SCHOOL DISTRICT agree that ANAHEIM shall be responsible for litter removal at Sycamore Jr. High School “park like” use which includes trash pick-up, emptying of trash cans and disposal of trash offsite as part of closing procedures.
I. ANAHEIM shall hold permittees accountable for litter removal at Trident Education Center and South Junior High School.
J. Upon thirty (30) day prior written notice to ANAHEIM, SCHOOL DISTRICT shall have priority of us e these fields for regular school programs and unexpected school events or construction activities.
4 2. PARK RANGERS PATROL
ANAHEIM agrees to provide personnel and veh icles during the Term of the Agreement, to patrol the schools which are subject of this Agreement in an effort to control vandalism pursuant to the Park Ranger Program. Personnel shall patrol the three school sites during hours of the rentals at the school sites listed in this Agreement.
3. TERM OF AGREEMENT
The term of this Agreemen t shall commence on the Effective Date, and shall continue in effect for five (5) years commencing on the Effective Date of this Agreement, unless terminated earlier pursuant to Section 8 below.
4. INDEMNIFICATION
Each party hereto agrees to indemnify, defend and hold harmless the other contracting party, its officers, agents, employees and representatives from and against all claims, demands and actions in connection with the negligent or acts, errors or omissions of the indemnifying party, its officers, agents, employees and representatives in the performance of this Agreement. In no event shall ANAHEIM be liable for any vandalism which may occur at the school facilities listed in this Agreement. Neither ANAH EIM NOR SCHOOL DISTRICT SHALL have any duty to indemnify, defend or hold harmless for those claims, demands, and actions arising out of the sole negligence or willful misconduct of the other party,
5. ENTIRE AGREEMENT
A. This writing constitutes the enti re agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto.
B. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid.
5 6. ASSIGNMENT
Neither SCHOOL DISTRICT nor ANAHEIM may assign or transfer this Agreement, or any part thereof, without the written consent of the other party.
7. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid.
8. TERMINATION
Either ANAHEIM or SCHOOL DISTRICT may terminate this Agreement upon giving the other party at least six months prior written notice.
9. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein.
10. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
ANAHEIM SCHOOL DISTRICT
City of Anaheim Anaheim Union High School District
Attention: City Clerk Attention: Assistant Superintendent, Business 200 S. Anaheim Boulevard 501 N. Crescent Way
Anaheim, CA 92805 Anaheim, CA 92801
WITH COPIES TO
City of Anaheim
Community Services Department
Attention: Superintendent Facility Scheduling
200 S. Anaheim Boulevard, Suite 433
Anaheim, CA 92805
6 Either party may, by notice to the other party, change the address specified above.
Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the U.S. mail.
11. AUTHORITY AND EFFECTIVE DATE
A. SCHOOL DISTRICT and SCHOOL DISTRICT’s signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of SCHOOL DISTRICT and to bind SCHOOL DISTRICT hereto.
B. ANAHEIM and ANAHEIM’s signators represent that the signators hold the position set forth below their signatur es and that the signators are authorized to execute this Agreement on behalf of ANAHEIM and to bind ANAHEIM hereto.
C. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto (“Effective Date”). (Remainder of page intentionally left blank; signatures on next page) 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
“ANAHEIM”
ATTEST:
By: _
City Clerk of Anaheim
DATE OF EXECUTION:
ANAHEIM UNION HIGH SCHOOL DISTRICT
By:
Title:
Printed Name:
“SCHOOL DISTRICT”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
147241.2
1 EXHIBIT A
On-going maintenance at all three schools will include the following:
• Weekly, weather-based irrigation of all fields
• Periodic inspection and repairs to sprinklers
• Weekly mowing or as needed, depending on time of year. • Aerate 3 times per year
• Annual herbicide applications; includes selective and non-selective herbicide applications to control weeds.
• Annual fertilization, slow release fertilizer at 5LB nitrogen per 1000 sf • Thatching and over seeding (renovation)
• Mow, thatch and remove spoils
• Overseed with sports blend top with organic topper
• Adjust irrigation to establish new grass
1 EXHIBIT B
[ATTACHED BEHIND THIS PAGE]
SOUTH JUNIOR HIGH
04/14/2023
EXHIBIT B
SYCAMORE JUNIOR HIGH
04/14/2023
EXHIBIT B
TRIDENT EDUCATION CENTER
04/14/2023
EXHIBIT B