LEASE AGREEMENT FOR PARKING PURPOSES
BETWEEN THE FULLERTON SCHOOL DISTRICT
AND THE CITY OF FULLERTON
This Lease Agreement for Parking Purposes ("Agreement") is entered into this 121hof May, 2020 Effective Date"), by and between the Fullerton School district (" District") and the City of Fullerton (" City).
RECITALS
WHEREAS, City desiresto leasefor public parking purposesreal property belongingto District and located at Nicolas Junior High School, 1100 West Olive Avenue, Fullerton, California 92833; and
WHEREAS, District is willing to lease to the City the property for public parking purposes pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. The Leased Premises. The Leased Premises to be leased by District to City pursuant to this Agreement is paved asphalt pad adjacent to Hill Avenue delineated in Exhibit " A" attached hereto and incorporated herein by this reference.
2. Term. The term of this Agreement shall commence on the Effective Date set forth above and continue to June 30, 2022.
3. Pur ose. Cityisallowed to usethe LeasedPremisesonly for public parkingpurposes.
4. Annual Rent. City shall pay District an annual rent of $ 1.00 payable upon the Effective Date and the date of any renewal of the Agreement term pursuant to Section 2 of this Agreement.
5. Improvements. City will slurry seal and stripe the Leased Premises for parking purposes at its sole cost.
6. Indemnification and Hold Harmless. City shall defend, indemnify, and hold harmless District, its governing board, officers, employees, and agents from and against any claims, actions, suits, or other legal proceedings relating to personal injury, including death or property damagearisingout of City's useof the LeasedPremisesunder this Agreement, exceptfor claims, actions, suits, or legal proceedings arising out of the sole negligence or willful misconduct of District.
7. Insurance. City shall provide District with proof of self-insurance in a form mutually agreeable to both parties.
8. Notices. Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: ( a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
If to District
Fullerton School District
1401 W. Valencia Drive
Fullerton, Ca 92833
Attn: Assistant Superintendent, Business
If to City:
City of Fullerton
303 W. Commonwealth
Fullerton, Ca 92832
Attn: Public Works Director
9. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
10. No Assignment. City may not assign its interests in this Agreement.
11. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be full or accurate description of the content thereof and shall in no way affect the meaning or interpretation of this Agreement.
12. Construction. The parties have participated jointly in the negation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be constructed as drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring ay party by virtue of the authorship of any of the provisions of this Agreement.
13. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein.
14. Amendments. Only a writing executed by the parties or their respective successors and assigns may amend this Agreement.
15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
16. Execution Authority. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WHITNESSWHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized offices, as of the date first above written.
FULLERTON SCHOOL DISTRICT
Robert R. Coghlan, Ph. .
Assistant Superintendent, Business Services
APPROVAL AS TO FORM:
Y
J& uZtte Vazquez
President, Board of Trustees
City Manager
9 All
FULLERTON SCHOOL DISTRICT BOARD AGENDA ITEM # 2c
DISCUSSION/ ACTION ITEM
DATE: May 12, 2020
TO: Robert Pletka, Ed. D., District Superintendent
FROM: Robert R. Coghlan, Ph. D., Assistant Superintendent, Business Services PREPARED BY: Scott Schlabsz, Director, Facilities, Maintenance and Operations SUBJECT: APPROVE AN EXTENSION OF THE EXISTING LEASE AGREEMENT WITH
THE CITY OF FULLERTON FOR USE OF NICOLAS JUNIOR HIGH
SCHOOL' S PARKING LOT FOR OVERNIGHT PARKING THROUGH
2019/ 2020, 2020/ 2021, AND 2021/ 2022 FISCAL SCHOOL YEARS Backaround: The City of Fullerton has requested to use the parking lot adjacent to Nicolas Junior High School for neighborhood overnight parking. Residents with a city - issued permit will be able to park on the lot from 10 p. m. to 7 a. m., seven nights a week. The City will maintain the parking lot, which includes re -slurry and striping, as needed. The City will carry liability insurance for their use and hold the Fullerton School District harmless.
Rationale: The Board of Trustees approves the extension of the existing lease agreement with the City of Fullerton.
Funding: There is no cost to the District.
Recommendation: Approve an extension of the existing lease agreement with the City of Fullerton for use of Nicolas Junior High School' s parking lot for overnight parking through 2019/ 2020, 2020/ 2020, and 2021/ 2022 Fiscal school years.
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Attachments