1 JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT ("Agreement"), dated for purposes of identification only this __________day of _________________, 2025, 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"
and sometimes together hereinafter referred to as "PARTIES."
W I T N E S S E T H:
WHEREAS, Chapter 10, part 7 of Division 1 of Title I (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, to establish systems of playgrounds and r ecreation, and to acquire, improve maintain, and operate centers within or without the territorial limits of ANAHEIM; and
WHEREAS, SCHOOL DISTRICT owns and operates the Anaheim Hills elementary School, located at 6450 East Serrano Avenue, Anaheim, California (the "School site"); and
WHEREAS, ANAHEIM will use approximately 4.3 acres of property located on the southerly portion of the School Site (the "Premises"), including lighted athletic field areas, restrooms, a snack bar and such facilities indicated on the approved Site Plan, attached hereto and incorporated herein as Exhibit "A" (collectively, the "Recreational Facilities"); and
WHEREAS, ANAHEIM and community organizations conduct recreational activities requiring the use of lighted athletic fields; and
WHEREAS, SCHOOL DISTRICT and ANAHEIM recognize the benefit to the community in the joint use of the Recreational Facilities; and
WHEREAS, SCHOOL DISTRICT wishes to make the Recreational Facilities available to ANAHEIM and to other community youth organizations between the hours of 4:00 p.m. and 9:00 p.m., Monday through Friday and 7:00 a.m. and 10:30 p.m. on holidays, Saturdays and Sundays, on a year round basis; and
2 WHEREAS, SCHOOL DISTRICT wishes ANAHEIM to assume the responsibilit y for scheduling the use of the Recreational Facilities both for recreational programs conducted by ANAHEIM and other community organizations; and
WHEREAS, ANAHEIM has agreed to maintain the Recreational Facilities as specified under Section IF, Use of Facilities, and
NOW, THEREFORE, FOR AND INCONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. USE OF FACILITIES
A. SCHOOL DISTRICT shall have the exclusive use of the Premises and Recreational Facilities for public school uses in conjunction with the operation of the School Site during regular school hours each day, including summer school, and at such other times the Premises may be needed for school purposes or is not being used by ANAHEIM or its agents.
B. Except as otherwise provided in Paragraph A. of this Section 1 , SCHOOL DISTRICT shall permit ANAHEIM to use the Recreational Facilities for community youth recreation and athletic purposes, without charge, Between the hours of 4:00 p.m. and 9:00 p .m., Monday through Friday and 7 :00 a.m. and 10:30 p.m. on holidays, Saturdays and Sundays on a year-round basis. Notwithstanding Section 9 hereof, under no circumstances shall ANAHEIM assign, transfer, or sublet the recreational Facilities to for-profit enterprises. ANAHEIM shall not use the Recreational Facilities for any other purpose or purposes without the prior written consent of SCHOOL DISTRICT, which consent may be withheld in the absolute discretion of SCHOOL DISTRICT. All other use of the Recreational Facilities, including, but not limited to events under the Civic Center Act commencing at Education Code Section 38130, shall be subject to the existing policies and regulations of SCHOOL DISTRICT.
C. Subject to the terms and conditi ons set forth in Section 2 of this Agreement, ANAHEIM shall assume the scheduling responsibility for the Recreational Facilities from 4:00 p.m. to 9:00 p.m., on Monday through Friday and 7:00 a.m. and 10:30 p.m. on holidays, Saturdays and Sundays on a year-round basis both for ANAHEIM youth recreational and athletic activities and for youth activities by other community organizations.
D. ANAHEIM shall pay for costs of electricity associated with the use of the meter for the athletic field areas.
E. ANAHEIM, at its sole cost and expense, and during the entire term of this agreement, shall be responsible for maintaining the Recreational Facilities and Maintenance boundaries list attached hereto as Exhibit "A" and incorporated herein by this reference, in a state of good repair, and shall provide day -to-day maintenance of same. As part of this maintenance responsibility, ANAHEIM agrees to: (i ) furnish necessary custodial service to keep the Recreational Facilities, including applicable restrooms, in a neat, o rderly and sanitary condition; (ii) mow the lawn, trim edges, remove weeds, repair and replace broken sprinkler heads as needed, 3 and otherwise maintain the Recreational Facilities in a neat and orderly appearance; (iii) maintain, repair, and/or replace, as necessary, all structures, fences, lights, planting materials, utility systems, etc. situated within the Maintenance Boundaries; and (iv) be responsible for locking the restrooms every day and for opening and locking the restrooms designated in Exhibit "A" on weekends and holidays when the Recreational Facilities are not in use by SCHOOL DISTRICT. SCHOOL DISTRICT will be responsible for parking lot maintenance and all water costs.
F. In addition to the maintenance responsibilities of ANAHEIM described in section
1.E., ANAHEIM acknowledges the requirements of the Healthy School Act of 2000 (California Education Code, Section 17608 et seq.) for pesticide/herbicide use on school sites. To the extent that ANAHEIM's actions on the Recreational Facilities in clude pest control that could affect the School Site, as defined in the Healthy School Act of 2000, ANAHEIM shall take the following actions:
(i) By June 1 of each year, ANAHEIM shall provide SCHOOL DISTRICT with a notice and listing of the pesticide/herbicide control activities proposed to be applied by ANAHEIM, including, without limitation, spraying, placing or otherwise introducing insecticides, pesticides and/or herbicides on or near the Recreational Facilities. This list shall indicate anticipated q uantities of materials to be applied and the intended methods of application. SCHOOL DISTRICT shall have the right to approve and/or modify this schedule to match SCHOOL DISTRICT's own posting and pesticide/herbicide use. SCHOOL DISTRICT will include this information with the notices SCHOOL DISTRICT is required to send to staff and parents or guardians of pup ils enrolled at the School Site p ursuant to the Healthy School Act of 2000. When performing any pesticide/herbicide control activity, ANAHEIM will be responsible for posting any and all required warnings as s pecified in Education Code Section l 7612(d) and for providing SCHOOL DISTRICT with seven (7) days' notice prior to applying any pesticide or herbicide.
(ii) On or before thirty (30) days following the Commencement Date and each year thereafter by June 30 of each year, SCHOOL DISTRICT shall review and approve the list of pesticides and herbicides described above, as submitted or as modified by SCHOOL DISTRICT, not later than thirty (30) days followi ng SCHOOL DISTRICT's receipt from ANAHEIM of the aforementioned list.
SCHOOL DISTRICT will include this information with the annual/semi -annual notices regarding possible chemicals that may be used at the Recreational Facilities that SCHOOL DISTRICT is req uired to send to staff and parents or guardians of pupils enrolled at the School Site pursuant to the Healthy School Act of 2000. When performing any pesticide/herbicide control activity, ANAHEIM will be responsible for posting any and all required warning s as specified in Education Code Section l 76 l 2(d) and for providing SCHOOL DISTRICT with seven (7) days' notice prior to applying any pesticide or herbicide. ANAHEIM shall use only those pesticides, herbicides and other related chemicals, in those quantities and by those methods, which have been approved by SCHOOL DISTRICT for each year.
4 (iii) Special Indemnification. SCHOOL DISTRICT agrees to indemnify, defend and hold harmless ANAHEIM, its officers, officials, agents, employees and volunteers from an y and all claims, losses, penalties and liabilities of any nature, at law or equity including attorneys' fees, to the extent caused by, arising out of, or in connection with, ANAHEIM's use of pesticides, herbicides and related chemicals upon the Recreation al Facilities in the quantity, type and method previously approved by SCHOOL DISTRICT, as provided in this Agreement.
SCHOOL DISTRICT shall not be required to indemnify or defend ANAHEIM to the extent any claim, loss, penalty or liability is caused by or arises out of ANAHEIM's use of pesticides, herbicides or related chemicals of a type, in a quantity or by a method not previously approved in writing by SCHOOL DISTRICT as provided above, or arises from or in connection with ANAHEIM's failure to notify SCH OOL DISTRICT as required herein, or arises from the negligence or willful conduct of ANAHEIM, its officers, officials, agents, employees, or volunteers in the application of said materials. SCHOOL DISTRICT's indemnification obligation shall not be limited to insurance proceeds, if any, received by SCHOOL DISTRICT, its officers, officials, agents, employees or volunteers on account of any claim arising out of such application of pesticides or herbicides. This Subsection shall survive the termination of this Agreement.
G. ANAHEIM shall perform maintenance activities on all grounds and facilities shown on Exhibit A on a scheduled basis during the school day. ANAHEIM City Maintenance staff will check in at school office prior to beginning maintenance activit ies and will not perform maintenance during recess and lunch periods.
H. User groups are not authorized to use School Site restrooms other than the restrooms adjacent to the snack bar depicted in Exhibit "A".
I. ANAHEIM shall have the right to charge a reasonable fee to participants for participation in the recreational activities sponsored by ANAHEIM at the Recreational Facilities, which shall accrue solely to ANAHEIM.
J. ANAHEIM shall provide, at its own expense, any personnel necessary for the direction or supervision of recreational activities sponsored by it at these facilities.
K. ANAHEIM shall be financially responsible for all damage to the School Site, including the Recreational Facilities, caused by ANAHEIM's or the community's use of the Recreational Facilities under the terms of this Agreement, other than for normal wear and tear.
ANAHEIM shall give written notice to SCHOOL DISTRICT and SCHOOL SITE of any such damage within two (2) working days of the discovery of the damage. SCHOOL DISTRI CT shall be responsible for any damage occurring during SCHOOL DISTRICT sponsored events or caused by any lessee of School District.
Additionally, if ANAHEIM is non-responsive to safety or maintenance concerns that could impact the SCHOOL DISTRICT's use o f the Recreational Facilities, the SCHOOL DISTRICT may perform, or cause to be performed, any repairs or maintenance necessary to make the 5 Recreational Facilities safe for use. ANAHEIM agrees to reimburse the SCHOOL DISTRICT for all reasonable costs associated with said repairs.
L. User groups are financially responsible for damages caused by their use of the Recreational Facilities and will be billed by ANAHEIM with payment going to ANAHEIM for the damage repair.
M. ANAHEIM will be responsible for obta ining all insurance certificates from each user group. All certificates must contain endorsements naming Orange Unified School District and the City of Anaheim as additional insureds. A copy of each group's insurance certificate will be provided to SCHOOL DISTRICT along with a copy of the permit pursuant to Section 2.A of this Agreement.
N. SCHOOL DISTRICT will provide ANAHEIM with a copy of its rules and regulations relating to the use of SCHOOL DISTRICT property and facilities. ANAHEIM will distribute the rules and regulations to all user groups of the Recreational Facilities
O. ANAHEIM shall enforce and comply with all rules, regulations, ordinances and policies of SCHOOL DISTRICT while directing ANAHEIM's activities on the Recreational Facilities.
P. No adult use will be scheduled for the Recreational Facilities.
2. SCHEDULING OF SCHOOL DISTRICT FACILITIES
ANAHEIM shall be responsible for scheduling all reserved public and ANAHEIM use of the athletic field areas during the hours of use for community recreation purposes subject to the following terms and conditions:
A. All requests for public or ANAHEIM use of the Recreational Facilities for community recreation purposes shall be submitted to ANAHEIM on ANAHEIM Facility Use Application forms. The permit approval process will be as follows:
1. ANAHEIM Community Services Department staff will provide a copy of the permit and certificate of insurance to the School Site and the Facilities Office of SCHOOL DISTRICT, and a copy of the permit to the permit holder once the permit has been approved and the information entered on the calendar.
B. ANAHEIM's Facility Scheduling Representative shall have the authority to approve or deny the Facility Use Application, unless SCHOOL DISTRICT advises of times or dates on which the athletic field areas will not be available.
C. Any scheduled use of the Recreational Facilities shall be subject to cancellation in the event that rain, inclement weather or other unforeseen circumstances have caused a condition to exist such that the holding of the event would cause serious damage to the turf. Cancellation may be made by either ANAHEIM or SCHOOL DISTRICT.
6 D. Should major renovation require closure of all or a portion of the Recreational Facilities for an extended period, ANAHEIM shall provide SCHOOL DISTRICT with a minimum six (6) months notice of such closure. If ANAHEIM determines that the Recreational Facilities, in whole or in part, must be closed for a short period of time for repair, renovation or maintenance , ANAHEIM shall give SCHOOL DISTRIC T advance notice prior to the closure, unless ANAHEIM determines that an emergency condition exists. In such case, ANAHEIM shall have the right to immediately close the affected Recreational Facilities. In the case of an emergency, ANAHEIM shall give SCHOOL DISTRICT notice of the closure within twenty -four (24) hours of learning of the emergency condition necessitating the closure of the affected Recreational Facilities by calling (714) 997 -6396. At such time, ANAHEIM, SCHOOL DISTRICT and the school site shall discuss whether the condition at the Recreational Facilities affects health and safety and whether the Recreational Facilities should remain closed. All such work performed by or on behalf of ANAHEIM on any portion of the Recreational Facilities shall be promptly completed so as to minimize the loss of use of the affected Recreational Facilities.
E. ANAHEIM shall provide all operations personnel as may be required i n connection with maintenance use and scheduling of the Recreational Facilities, including daily opening and closing of the designated restrooms, gates and building.
F. SCHOOL DISTRICT shall be entitled to use the Recreational Facilities for school activities not specified in this Agreement on a priority basis. SCHOOL DISTRICT shall submit to ANAHEIM a schedule of anticipated activities outside of school hours at the beginning of the school year. ln the event the SCHOOL DISTRICT has unanticipated events r equiring the use of all or a portion of the Recreational Facilities after school hours, SCHOOL DISTRICT shall notify ANAHEIM in writing a minimum of two (2) weeks prior to said event.
3. TERM OF AGREEMENT
This Agreement shall be effective upon execution by the Parties as specified below (the "Effective Date") for an initial term of ten (10 ) years (the " Term"), unless sooner terminated by either party pursuant to Section 11 below.
4. MEET AND CONFER
Representatives of ANAHEIM and SCHOOL DISTRICT shal l meet on annual basis or as necessary to discuss operational issues concerning the use of the Recreational Facilities covered by this Agreement and to correct deficiencies associated with such use.
5. INDEMNIFICATION
A. Neither SCHOOL DISTRICT nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ANAHEIM or its agents, employees, or independent contractors in any way connected with (a) any work upon or to Premises and/or Recreational Facilities; and (b) the use of Recreational 7 Facilities under the terms of this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, ANAHEIM shall fully indemnify , defend, and hold SCHOOL DISTRICT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ANAHEIM or its agents, employees, or independent contractors in any way connected with (a) any work upon or to Premises and/or Recreational Facilities; and (b) the use of Recreational Facilities as authorized under the terms of this Agreement. For this purpose, ANAHEIM shall pay for any and all reasonable costs and reasonable attorney's fees in depending against any and all claims pertaining to such injury.
B. Neither ANAHEIM nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SCHOOL DISTRICT or its agents, employees, or independent contractors in any way connected with (a) any work upon or to Premises and/or Recreational Facilities; and (b) the use of Recreational Facilities under the terms of this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, SCHOOL DISTRICT shall fully indemnify, defend, and hold ANAHEIM harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SCHOOL DISTRICT or its agents, employees, or independent contract ors in any way connected with (a) any work upon or to Premises and/or Recreational Facilities; and (b) the use of the Recreational Facilities as authorized under the terms of this Agreement. For this purpose, SCHOOL DISTRICT shall pay for any and all reaso nable costs and reasonable attorney's fees in defending against any and all claims pertaining to such injury.
6. INSURANCE
A. ANAHEIM agrees to self -insure for at least the minimum liability coverage set forth below or maintain comprehensive general li ability insurance either through an insurance carrier licensed to do business in the State of California or a joint powers insurance authority with the amount of said insurance required to be a minimum of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. ANAHEIM agrees to name SCHOOL DISTRICT on the insurance policies and to provide not less than thirty (30) days prior written notice to SCHOOL DISTRICT if it proposes to change, or modify the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage.
B. ANAHEIM shall ensure that all persons or organizations desiring to use the Recreational Facilities , as part of ANAHEIM's community recreational programs, shall have in effect at the time of such use, the above-referenced general liability insurance coverage.
7. POSSESSORY INTEREST
The Parties to this Agreement recognize 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 8 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 agree, if reasonably practicable, upon provisions which are equivalent from an economic point o f 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.
l0. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
11. TERMINATION
A. Should ANAHEIM default in the performance or breach any covenant, condition, or restriction of this Agreement herein provided to be kept or performed by ANAHEIM and should such default or breach continue uncured for a period of thirty (30) days from and after written notice thereof by SCHOOL DISTRICT to ANAHEIM, then in any such event, SCHOOL DISTRICT may, at its option, terminate this Agreement by giving ANAHEIM writ ten notice thereof.
B. In addition to the right to terminate the Agreement as provided in paragraph A. of this section, either ANAHEIM or SCHOOL DISTRICT may terminate this Agreement for any or no reason 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.
9 13. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
ANAHEIM SCHOOL DISTRICT
City of Anaheim Orange Unified School District
Attention: City Clerk Attn: Business Services Department 200 S. Anaheim Boulevard 1401 N. Handy
Anaheim, CA 92805 Orange, CA 92867
Copies of any notices shall also be sent to the Director of Community Services for ANAHEIM and the Director of Facilities and Planning for SCHOOL DISTRICT at the respective addresses above. 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 or with a mutually approved overnight courier.
14. WAIVER
The failure of either party to insist upon strict performance of any of the terms, conditions, or covenants of this Agreement shall not be d eemed a waiver of any right or remedy that party may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, or covenants herein contained.
15. AUTHORITY AND EFFECTIVE DATE
A. SCHOOL DISTRICT’S and ANAHEIM’S signatories represent that the signatories hold the positions set forth below their signatures and that the signatories are authorized to execute this Agreement on behalf of SCHOOL DISTRICT and ANAHEIM and to bind SCHOOL DISTRICT and ANAHEIM hereto respectively.
B. This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date")
(SIGNATURE PAGE FOLLOWS)
10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a municipal corporation
By______________________________
Sjany Larson-Cash,
Director of Community Services
DATE OF EXECUTION:
ATTEST:
_________________________ By ______________________
City Clerk
"ANAHEIM"
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
Date________________________
153888.3
Anaheim Hills
Elementary School
6450 Serrano Ave
Orange U. S.D
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^ EXHIBIT A
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Total Premise Acres: 4.38
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City ofAnaheim Leased
Restroom & Concession Stand
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Map Location
Fest
1:2, 000
^mi9
City of Anaheim
GIS Central
November 25, 2024