A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this _____ day of ____________, 2024, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
ORANGE UNIFIED SCHOOL DISTRICT, a public school district, hereinafter referred to as "SCHOOL DISTRICT."
W I T N E S S E T H:
WHEREAS, Chapter 10, part 7 of Division 1 of Title 1 (section 10900 et seq.) of the Education Code of the State of California authorizes and empowers school districts and cities to organize, promote, and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the State; and
WHEREAS, SCHOOL DISTRICT owns and operates a swimming pool located in said SCHOOL DISTRICT at Canyon High School, 220 South Imperial Highway, Anaheim, California (hereinafter "Swimming Pool"); and
WHEREAS, CITY is interested in using the Swimming Pool to cond uct community swim programs at said Swimming Pool; and
WHEREAS, SCHOOL DISTRICT is willing to allow CITY to use said Swimming Pool for those community swim programs.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDIT IONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. USE AND SCHEDULING OF SWIMMING POOL
A. SCHOOL DISTRICT shall have exclusive use during all school hours and during all other times when water sports are scheduled as part of SCHOOL DISTRICT's regular physical education and/or athletic program.
B. City shall have the responsibility of scheduling the publi c use of the Swimming Pool when not in use for the normal school physical education and/or athletic program.
This shall include all periods after school activities have been completed and all holidays and vacation periods when the school is not in session , except when required for maintenance or repairs. Said use shall include the use of restrooms adjacent to gymnasium . CITY, with the approval of SCHOOL DISTRICT, may schedule the Swimming Pool for community recreation programs during normal school hours and days when s uch use will not conflict with SCHOOL DISTRICT's use of the pool and locker room facilities and the CITY shall provide the necessary equipment and supervision of such programs.
C. CITY shall have the right to charge a rea sonable fee for th e use of the Swimming Pool at such times that said Swimming Pool is under the control of the CITY in order to offset personnel costs.
D. Both CITY and SCHOOL DISTRICT agree that all use by CITY of said Swimming Pool shall not, in any way, conflict with S CHOOL DISTRICT's use for the public school system. In case of dispute, SCHOOL DISTRICT shall have control and make the final decisions as to any use of said Swimming Pool.
2. MAINTENANCE
SCHOOL DISTRICT shall be responsible for all utilities, maintena nce, and care of said swimming pool and surrounding facilities except as noted below.
The CITY shall reimburse the SCHOOL DISTRICT for the custodial related fees during the CITY use of the swimming pool.
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3. EQUIPMENT
SCHOOL DISTRICT shall furnish all necessary permanent equipment for regular and sanitary maintenance including, but not limited to, all chemicals, vacuums, and skimmers.
CITY and SCHOOL DISTRICT shall cooperate and agree upon a mutual purchase plan for all equipment necessary for the utilization of the Swimming Pool for each government entity.
4. TERM OF AGREEMENT
The term of this Agreement shall commence on the date this Agreement is executed by ANAHEM and shall terminate five (5) years thereafter, unless sooner terminated as provided herein.
5. MEET AND CONFER
ANAHEIM and SCHOOL DISTRICT shall meet on an annual basis or as necessary to discuss operational issues concerning the use of the Swimming Pool covered by this Agreement and to correct deficiencies associated with such use.
6. INDEMNIFICATION
CITY and SCHOOL DISTRICT agree that:
A. During the period said Swimming Pool is under the exclusive use and control SCHOOL DISTRICT, SCHOOL DISTRICT shall indemnify, defend, and hold CITY harmless from any an d all claims, losses, suits or liabilities for injury or damage resulting from the acts or omissions of SCHOOL DISTRICT.
B. During period said Swimming Pool is under the exclusive use and control of CITY, CITY shall indemnify, defend, and ho ld SCHOOL DISTRICT harmless from any and all claims, losses, suits, or liabilities for injury or damages resulting from the acts or omissions of CITY.
C. During periods said Swimming Pool is under the joint use and control of both SCHOOL DISTRICT and CIT Y, it is agreed that pursuant to Government Code Section 895.4, SCHOOL DISTRICT and CITY shall mutually fully indemnify and hold each other harmless from any liability for injury (as defined by Government Code Section 810.8), occurring
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by reason of anything done or omitted to be down by SCHOOL DISTRICT or CITY during its use of said Swimming Pool under or in connection with any works, maintenance, operation, or authority pursuant to this Agreement.
7. POSSESSORY INTEREST
The parties to this Agreement rec ognize and understand that this Agreement may create possessory interests subject to property taxation, and in such case, the party obtaining such interest expressly agrees to pay any such property tax levied on such interest. This provision constitutes notice of the possibility of the imposition of a possessory interest tax as contemplated by Revenue & Taxation Code Section 107.6.
8. ENTIRE AGREEMENT
A. This writing constitutes the entire 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 a gree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid.
9. ASSIGNMENT
Neither SCHOOL DISTRICT nor ANAHEIM may assign or transfer this Agreement, or any part thereof, without the written consent of the other party.
10. 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, t hen such portion only shall be deemed invalid.
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11. TERMINATION
Either ANAHEIM or SCHOOL DISTRICT may terminate this Agreement upon giving the other party at least one hundred eighty (180) days’ prior written notice.
12. 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.
13. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
ANAHEIM: City of Anaheim
Attention: City Clerk
200 S. Anaheim Boulevard, Suite 217
Anaheim, California 92805
Telephone: (714) 765-5166
Facsimile: (714) 765-4105
WITH A COPY TO: City of Anaheim
Attention: Director of Community Services
200 S. Anaheim Boulevard, 4th Floor
Anaheim, California 92805
Telephone: (714) 765-5155
Facsimile: (714) 765-4454
SCHOOL DISTRICT: Orange Unified School District
1401 North Handy Street
Orange, California 92867
Telephone: (714) 628-4000
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. ///
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14. AUTHORITY AND EFFECTIVE DATE
A. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.
If applicable, CONTRACTOR shall, at City's request, deliver a certified copy of its governing board's resolution or certificate authorizing or evidencing such execution.
B. This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
Remainder of page intentionally left blank; signatures on next page.
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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: _
Mayor
“ANAHEIM”
ATTEST:
By: _
Theresa Bass, City Clerk
DATE OF EXECUTION:
ORANGE UNIFIED SCHOOL DISTRICT, a
public school district
By:
Printed Name _
Title
“SCHOOL DISTRICT"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
123810.3