JOINT FACILITY USE AGREEMENT
This JOINT FACILITY USE AGREEMENT (“Agreement”) is made and effective on [___________] (“Effective Date”) by and between the CITY OF MENIFEE , a California municipal corporation, (“City”) and the MENIFEE UNION SCHOOL DISTRICT, a California Education Code public entity (“District”). City and District may be referred to herein, individually, as a “Party” and collectively as the “Parties.”
Section 1. Purpose of Agreement, Party Representatives.
A. Purpose. City and District each individually own and operate specific properties and facilities pursuant to their respective functions and operations. The purpose of this Agreement is to authorize the joint use by the Parties of specific properties and facilities identified herein, subject to the terms and conditions of this Agreement.
B. City Representative. Mariana Mitchell, Community Services Director, shall serve as the City’s representative for all coordination matters pursuant to this Agreement.
Except as expressly identified otherwise, all correspondence to the City hereunder shall be directed to said representative. City may change its representative by written notice to the District at any time.
C. District Representative. Marc Bommarito, Assistant Superintendent, Business Services, shall serve as the District’s representative for all coordination matters pursuant to this Agreement. Except as expressly identified otherwise, all correspondence to District hereunder shall be directed to said representative. The District may change its representative by written notice to the City at any time.
Section 2. Term and Termination
A. Term. The term of this Agreement shall begin on the Effective Date and shall end on 6/30/2030 unless the term of this Agreement is otherwise terminated or extended as provided in this Agreement.
B. Termination. Either Party may terminate this Agreement upon ninety (90) days’ written notice to the other Party.
Section 3. Joint Use of Facilities.
A. City Use of District Facilities . Subject to the terms and conditions of this Agreement, District hereby authorizes City to use the District facilities set forth on Exhibit A (the “District Facilities”) attached hereto and incorporated herein by this reference at the times and for the purposes set forth on Exhibit A (the “District Facilities Approved Uses”). The applicable fee payable by the City to the District for the City’s use of the District Facilities hereunder shall be indicated on the fee schedule included on Exhibit A.
B. District Use of City Facilities . Subject to the terms and conditions of this Agreement, City hereby authorizes District to use the City facilities set forth on Exhibit B (the “City Facilities”) attached hereto and incorporated herein by this reference at the times and for the purposes set forth on Exhibit B (the “City Facilities Approved Uses”). The applicable fee payable by the District to the City for the District’s use of the City Facilities hereunder shall be indicated on the fee schedule included on
Exhibit B.
C. Parties Supply Materials and Equipment. Except as indicated otherwise on Exhibits A or B, each Party shall be solely responsible for providing its own materials and equipment necessary for its use of the other Party’s Facilities hereunder.
D. Facility Access. Each Party shall reasonably cooperate with the other to provide access to said Party’s Facilities where scheduled hereunder, including, without limitation, providing assistance with access or a key or security code for access, as appropriate.
E. District and City Policies. When using the other Party’s Facilities hereunder, each Party shall comply with all security, personnel, and other policies provided by the owner of the Facilities in advance.
F. Additional Terms. Each Party reserves the right to require additional terms for the use of particular District Facilities or City Facilities, as applicable. Such additional terms, if any, shall be included in Exhibit A for the District Facilities and Exhibit B for the City Facilities. Additional terms shall be added in the form of an Amendment if not included in the existing Exhibits.
G. Defined Terms. As used in this Agreement, the term “Facilities” shall mean and refer to the District Facilities or City Facilities, as applicable under the context. The term “Approved Uses” shall refer to the District Facilities Approved Uses or City Facilities Approved Uses, as appropriate under the context.
Section 4. Scheduling Matters.
A. Scheduling Procedure. A Party’s use of the other Party’s Facilities shall be scheduled in advance according to facility reservation processes established by the Party that owns the Facilities. The Party that owns the requested Facilities shall respond to the request within seven business days (7) business days, either approving or denying the request. Each party shall designate a scheduling liaison to process requests as follows:
(1) City – [email protected]
(2) District – [email protected]
B. Priority in Scheduling. Each Party shall give the other priority in scheduling use of Facilities under this Agreement, as outlined in Exhibits A and B. Priority pursuant to this Paragraph shall mean accepting reasonable requests for use of the Facilities
Unless (a) the Facilities are already scheduled to be used by the Party owning the Facilities or by another party, or (b) the Party owning the Facilities reasonably demonstrates that the requesting Party’s use of the Facilities on the requested date is infeasible or impractical.
C. Payment of Fees. The fees due and payable pursuant to Paragraphs A or B of Section 3 of this Agreement, as applicable (the “Fees”) shall be due and payable upon scheduling, or at such other time as agreed by the Parties in writing.
D. Cancellation and Rescheduling. Scheduled use of Facilities may be cancelled or
rescheduled at any time more than 72 hours before the reserved date. In the event of a timely cancellation hereunder, all Fees for the reservation shall be refunded to the Party that scheduled the cancelled facility use. No refunds shall be issued for late cancellations.
Section 5. Obligations of Facilities Owner . The owner of the Facilities shall maintain the Facilities and surrounding premises accessible to visitors in a safe and operable condition, consistent with all applicable laws and industry standards. The Facilities shall be maintained in a condition appropriate for the Approved Uses identified in Exhibit A for District Facilities and in Exhibit B for City Facilities. The Party owning the Facilities assumes no liability or responsibility for any personal property of the other Party or its employees, volunteers, agents, officials, or invitees while using the Facilities.
Section 6. Obligations of Facilities User. The Party using the other Party’s Facilities pursuant to this Agreement shall conduct all its activities in the Facilities in a safe manner that complies with all applicable laws and industry practices. The Party using the other Party’s Facilities shall be responsible to the other Party for the conduct of itself, its employees, volunteers, agents, officials, and invitees to the Facilities. The using Party shall provide adequate supervision and crowd control for its Approved Uses; comply with the Facilities owner’s written safety/security rules and site procedures; immediately report any incident, injury, or property damage to the Facilities owner’s representative; and reimburse the Facilities owner for repair/restoration costs for damage caused by the using Party, its employees, volunteers, agents, officials, invitees, or participants, beyond ordinary wear and tear.
Section 7. Compliance with Law . Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this Agreement, including obtaining and maintaining any required approvals or permits . Section 9 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law, including specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Each Party is independently responsible for reviewing and complying with all applicable laws, including, without limitation, the payment or nonpayment of prevailing wages required under California law.
Section 8. Insurance. Each Party shall, at its sole cost and expense, maintain during the term of this Agreement and for three (3) years thereafter insurance or an equivalent program of self- insurance/risk pool coverage sufficient to cover that Party’s liabilities arising out of its operations and obligations under this Agreement. Evidence of coverage shall be provided prior to a Party’s scheduling for use of the Facilities and upon renewal.
A. Commercial General Liability. Coverage shall be at least as broad as ISO CG 00 01 (occurrence) and include premises/operations, products/completed operations, personal and advertising injury, and contractual liability. Limits: not less than $2,000,000 per occurrence and $ 4,000,000 general aggregate (or such higher limits as maintained by that Party).
B. Automobile Liability. For any owned, hired, or non-owned vehicles used in connection with this Agreement, automobile liability coverage shall be at least as broad as ISO CA 00 01 and provide limits not less than $1,000,000 combined single limit per accident.
C. Workers’ Compensation / Employer’s Liability. Statutory Workers’ Compensation as required by California law and Employer’s Liability limits of not less than $1,000,000.
D. Additional Insured; Primary/Non- Contributory (When Applicable). To the extent
commercially available, the Party using the other Party’s Facilities for an Approved Use (“Using Party”) shall cause the Facilities owner and its officers, employees, agents, and authorized volunteers to be included as additional insureds on the Using Party’s Commercial General Liability and Automobile Liability policies, but only with respect to liability arising out of the Using Party’s o perations/use of the Facilities. Such additional insured coverage shall be primary and non- contributory with respect to the additional insureds. To the extent commercially available, the Using Party further agrees to provide a Waiver of Subrogation in favor of the Facilities owner and its officers, employees, agents, and authorized volunteers on all required insurance policies.
E. Public Entity Self-Insurance / Risk Pools. If a Party is self -insured or participates in a public entity risk pool/JPA and cannot provide an additional insured endorsement, that Party shall provide a certificate/letter of self -insurance or memorandum of coverage evidencing the coverages and limits required by this Section.
F. Proof of Insurance. Certificates/letters of coverage must reference this Agreement and be signed by an authorized representative. Each Party reserves the right to request certified copies of policies, endorsements, or applicable coverage documents.
G. Notice of Cancellation/Material Change. Each Party shall provide written notice to the other at least ten (10) working days prior to cancellation, non- renewal, or reduction in coverage if any required coverage is cancelled or non-renewed or if limits are reduced.
H. Self-Insured Retentions/Deductibles. Self-insured retentions (SIR) or deductibles over $50,000 shall require the prior written approval of the other Party (or evidence acceptable to the other Party that the SIR is funded/managed through a public entity risk pool/JPA).
I. Risk-Based Adjustments. The Facilities owner may require additional insurance terms, endorsements, or limits based on the specific facility, activity, or risk characteristics of a requested Approved Use.
Section 9. Indemnification , Allocation of Liability. The Parties intend that liability be allocated consistent with Education Code §38134(h) and applicable law.
A. Each Party Responsible for Its Own Negligence. To the fullest extent permitted by law, each Party (“Indemnifying Party”) shall indemnify and hold harmless the other Party, and its officers, officials, employees, agents, and volunteers, from and against cla ims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees), but only to the extent caused by the negligent acts or omissions or willful misconduct of the Indemnifying Party and its officers, employees, agents, volunteers, contra ctors, or invitees in connection with this Agreement or the Indemnifying Party’s use of the Facilities.
B. Facilities Owner Maintenance. The Party owning the Facilities remains responsible for the ownership, operation, and maintenance of its Facilities and surrounding premises and shall indemnify and hold harmless the using Party to the extent a claim is caused by the Facilities owner’s negligent failure to maintain, repair, or keep the Facilities in safe condition.
C. Defense of Claims. Consistent with Education Code §38134(h), each Party shall bear
the cost to insure and defend itself. Nothing in this Agreement is intended to require either Party to provide a defense to the other; however, each Party shall reasonably cooperate in the defense and investigation of claims.
D. Comparative Fault. If a claim arises out of the concurrent negligence or willful misconduct of both Parties, each Party’s obligations under this Section shall be limited to its proportionate share of fault.
E. No Waiver of Immunities. Nothing in this Agreement shall be construed to waive, limit, or modify any immunity, defense, or limitation available under the Government Claims Act (Gov. Code §810 et seq.) or other applicable law.
F. Survival. This Section survives termination or expiration of this Agreement.
Section 10. Parties are Independent Contractors . This Agreement is by and between two independent public entities. It is not intended to, and shall not, be construed to create the relationship of agent, employee, partnership, joint venture, or association. Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party.
Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the
Power to incur any debt, obligation, or liability whatever against the other Party, or bind the other Party in any manner. Neither Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.
Section 11. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested, and addressed to the appropriate Party as follows:
To City: To District:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Community Services Director
With a Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Menifee Union School District
29775 Haun Road
Menifee, CA 92586
Attn: Assistant Superintendent of
Business
Attn: Director of Facilities
Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after
deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight carrier . A Party may change its addressee by written notice to the other Party at any time.
Section 12. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this Agreement by either Party, the non-defaulting Party shall give ten (10) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this Agreement and shall have any and all rights and remedies available at law or in equity to recover for the uncured default. The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non- defaulting Party may immediately terminate this Agreement and seek any and all rights and remedies available at law or in equity.
B. Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
Section 13. Subcontract and Assignment
Neither Party may assign or subcontract any portion of this Agreement without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.
Section 14. Survival
All obligations arising before the expiration or termination of this Agreement , and all provisions of this Agreement allocating liability between the Parties, shall survive the expiration or termination of this Agreement.
Section 15. Time
Time is of the essence in this Agreement and for the performance of this Agreement. Section 16. Applicable Law and Venue
This Agreement shall be interpreted and enforced under the laws of the State of California. If either Party brings any action against the other under this Agreement, the Parties agree that venue for such action shall be vested exclusively in Riverside County.
Section 17. Attorneys’ Fees
If either Party commences any legal action against the other, each Party shall bear its own costs of suit, including attorneys’ fees.
Section 18. Severability
If any term, provision, covenant, or condition of this Agreement shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall
not be affected to the extent the remaining provisions are not rendered impractical to perform , taking into consideration the purposes of this Agreement.
Section 19. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
Section 20. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
Section 21. Captions
The captions, subtitles, and headings contained in this Agreement are for convenience only. They shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.
Section 22. Entire Agreement, Amendment, and Construction This Agreement, including the exhibits, is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.
Section 23. Construction
The terms of this Agreement shall be construed in accordance with the meaning of the language used. They shall not be interpreted for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
Section 24. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference.
Section 25. Amendments
This Agreement may be amended only by written agreement, and no purported oral amendment to this Agreement shall be valid. The City Manager or his or her designee may execute and approve amendments to this Agreement on behalf of the City, which, in the City Manager’s reasonable discretion, do not substantially modify the terms and conditions of this Agreement, provided, however, that the City Manager may instead require City Council approval for any proposed amendment.
Section 26. No Third-Party Beneficiaries
There are no intended third-party beneficiaries under this Agreement, and no such third parties shall have any rights or obligations hereunder.
Section 27. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination
against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry
Section 28. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this Agreement.
Section 29. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this Agreement.
Section 30. No Benefit to Arise for Employees
No member, officer, or employee of either Party, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the rights and obligations performed hereunder.
Section 31. Authority to Execute
The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
Section 32. Counterparts
This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF MENIFEE
City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
MENIFEE UNION SCHOOL DISTRICT
Marc Bommarito,
Assistant Superintendent of Business
EXHIBIT A
DISTRICT FACILITIES
Facility Approved Annual Use City Program Reduced Fee Parking Lot at Evans
Ranch Elementary,
located at 30465 Evans
Rd
During the City Flag Football
Season held each August to
October:
• Every Friday from 5 pm-9
pm (4 hours daily)
• Every Saturday from 8 am
2 pm (6 hours daily)
30% reduction to the current
district facility rate applicable
to the request.
Custodial and Security Fee will
be waived for use of Parking
Lots Only
See the sample of the 2025
district rate sheet below
Gymnasium at Menifee
Valley Middle School,
located at 26255
Garbani Rd
During the City Youth Basketball
Season held each January to
March:
• Every Saturday from 8 am
4 pm (8 hours daily)
Parking Lot at Menifee
Valley Middle School,
located at 26255
Garbani Rd
During the City Youth Basketball
Season held each January to
March:
• Every Saturday from 8 am
4 pm (8 hours daily)
Other requests Any City request for use of a
District Facility not outlined above
will be reviewed by the District and
scheduled in accordance with
paragraph B, Section 4, “Priority in
Scheduling,” of the Agreement.
Additional Terms
• Reservation changes or additions shall be communicated to/via [email protected] (District Facilities Scheduling Liaison).
EXHIBIT A
DISTRICT FACILITIES
2025 District Rates
District Facility Rate Table Non-profit Youth Rates City Youth Programs Reduced Fees (30%)
Facility Hourly Daily
Max.
Hourly Daily
Max.
Parking Lot $9.00 $144.00 $6.30 $100.80
Restroom $2.25 $54.00 $1.58 $37.80
Basketball Courts (Outdoor) $8.00 $128.00 $5.60 $89.60 Classroom (Medium) $7.00 $112.00 $4.90 $78.40
Classroom (Small) $7.00 $112.00 $4.90 $78.40
Gym (Medium) $36.00 $576.00 $25.20 $403.20
Cafeteria (Medium) $22.00 $352.00 $15.40 $246.40
Cafeteria (Small) $22.00 $352.00 $15.40 $246.40
Gym (Small) $36.00 $576.00 $25.20 $403.20
Field (Medium) $7.00 $112.00 $4.90 $78.40
Field (Small) $7.00 $112.00 $4.90 $78.40
Facility Rate Table Non-profit Organizations City Adult League/Program Reduced
Fees (30%)
Facility Hourly Daily
Max.
Hourly Daily
Max.
Parking Lot $13.00 $208.00 $9.10 $145.60
Restroom $2.25 $54.00 $1.58 $37.80
Basketball Courts (Outdoor) $11.00 $176.00 $7.70 $123.20 Classroom (Medium) $9.00 $144.00 $6.30 $100.80
Classroom (Small) $9.00 $144.00 $6.30 $100.80
Gym (Medium) $48.00 $768.00 $33.60 $537.60
Cafeteria (Medium) $30.00 $480.00 $21.00 $336.00
Cafeteria (Small) $30.00 $480.00 $21.00 $336.00
Gym (Small) $48.00 $768.00 $33.60 $537.60
Field (Medium) $10.00 $160.00 $7.00 $112.00
Field (Small) $10.00 $160.00 $7.00 $112.00
Facility Rate Table Other Rates City Program Reduced
Fees 30% for all Programs
Hourly Daily
Max.
Hourly Daily
Max.
Custodial (Indoor
Gym) - Weekend
$74.67 $970.71 $52.27 $679.50
Security (Indoor
Gym) - Weekend
$30.00 $390.00 $21.00 $273.00
EXHIBIT B
CITY FACILITIES
Facility Approved Annual Use District Program
Reduced Fee
Remington Park
Multi-purpose Field
Each school year, during the months
of August 1 – January 31 :
• Every Monday and Wednesday from
3:15 pm-5:15 pm (2 hours daily)
• Every Tuesday and Thursday from
3 pm-5 pm (2 hours daily)
City-Partner Program
current sport field
rates will apply.
See the sample of
2025 City sport field
rates below
Other requests Any District request for use of a City
Facility not outlined above will be
reviewed by the City and scheduled in
accordance with paragraph B, Section 4,
“Priority in Scheduling,” of the
Agreement.
30% off current rates,
subject to execution of
the city facility use
agreement. The District,
at its sole cost, shall
comply with all other
requirements of
reservations for use,
which may include
additional approvals for
special events,
application for recurring
use, insurance, or
permits.
Additional Terms
• The City will waive any refundable deposit requirement for city facility use. • Reservation changes or additions shall be communicated via email to - [email protected]
2025 City Facility Rental Rates*
Facility – User Fee Hourly Rate (Resident Non-
Profit Rate)
District Reduced Hourly
Rate (30%)
Sport Field $5.00 $3.50
Field Lights $10.00 $7.00
Field Striping
(Per field/per game)
$15.00 $10.50
Kay Ceniceros Senior Center - Meeting Rooms and capacity Palm Room – 110 $40.00 $28.00
Magnolia Room - 58 $25.00 $17.50
North Annex Multi-purpose - 64 $30.00 $21.00
West Annex Multi-purpose - 32 $25.00 $17.50
Rose Room (10 capacity) - 10 $20.00 $14.00
Lazy Creek Recreation Center – Meeting Rooms and capacity Both Multipurpose Rooms – 90 $40.00 $28.00
Multipurpose Room 1 – 45 $25.00 $17.50
Multipurpose Room 2 – 45 $25.00 $17.50
*Any City Facility not listed, 30% reduction of the current rental rate shall apply.