FUTSAL COURT MEMORANDUM OF UNDERSTANDING THIS FUTSOL COURT MEMORANDUM OF UNDERSTANDING, hereinafter referred to as “Agreement,” is made and entered into this ______ day of _______________, 2023 (“Effective Date”) by and between the City of Merced, a California Charter Municipal Corporation, hereinafter referred to as (“City”), and the Merced County Office of Education, hereinafter referred to as (“MCOE”), referred to collectively herein as the “Parties” and each a “Party”. RECITALS WHEREAS, the City has planned for the construction of a 40-acre Sports Complex at the corner of Tyler and Mission Avenues, hereinafter referred to as (“Project”) with construction commencing in April of 2023; and, WHEREAS, the Sports Complex will include two (2) soccer/football fields, two (2) volleyball courts, two (2) tennis courts, a futsal court, a concession/restroom building, an additional restroom building, shade structures and other utilities and appurtenances; and, WHEREAS, MCOE has committed funds in the amount of Six Hundred Fifty Thousand Dollars ($650,000) for the construction of a futsal court at the Sports Complex as shown in Exhibit “A”; and, WHEREAS, the City and MCOE, along with the County of Merced and Merced High School District, intend to expand the Sports Complex by jointly developing Phase 2 of the Sports Complex, as described in the Sports Complex Memorandum of Understanding. AGREEMENT 1.CONTRIBUTION. MCOE agrees to pay City the sum of Six Hundred Fifty Thousand Dollars ($650,000), with actual expenses to be invoiced on a monthly basis, for costs to construct a futsal court, as described in Exhibit “B”, within thirty (30) days of MCOE’s receipt of an invoice from City to MCOE, with the understanding the MCOE will have equal access to the Sports Complex at no charge per the Joint Use Agreement dated __________________. 2 2.TERM. This Agreement shall become effective on the Effective Date, and shall terminate twelve (12) months following the Effective Date, unless sooner terminated as provided in this Agreement. 3.TERMINATION. Breach of Contract: Either party may immediately suspend or terminate this Agreement in whole or in part, if it is determined that either party is in breach of any of the following: a. An illegal or improper use of funds. b. A failure to comply with any terms of this Agreement. c. A substantially incorrect or incomplete report has been submitted. The aggrieved party shall give written notice of such termination to the breaching party. In no event shall the continued provision of services by City constitute a waiver by City of any breach of this Agreement or any default that may then exist on the part of MCOE. Neither shall the continued provision of services by City impair or prejudice any remedy available to City with respect to the breach or default. Upon any termination of this Agreement, City shall be compensated for all work performed pursuant to this Agreement, up to and including the date of termination. 4.MODIFICATION. Any modifications to this Agreement requested either by City or MCOE shall be effective and binding upon both Parties only if specifically, mutually agreed upon in writing by the Parties’ respective duly authorized representatives. 5.NOTICES. Any and all notices between City and MCOE provided for under this Agreement shall be in writing and shall be deemed duly served when personally delivered to one of the parties, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to such party. The persons and their addresses having authority to give and receive notices under this Agreement include the following: CITY City of Merced 678 W. 18th Street Merced, CA 95340 Attn: City ManagerMCOE Merced County office of Education 632 W. 13th Street Merced, CA 95341 3 6.GOVERNING LAW. The parties agree that for purposes of venue, performance under this Agreement is to be in Merced County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. 7.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between CITY and MCOE with respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. [Remainder of this Page was Intentionally Left Blank] 4 * * * * * * * * * * IN WITNESS WHEREOF, the foregoing Agreement is executed on the ______ day of _____________________, 2023. CITY OF MERCED, a California Charter Municipal Corporation By: ____________________________ Dated: ________________ ATTEST: STEPHANIE R. DIETZ, CITY CLERKBy: ____________________________ Assistant/Deputy City Clerk APPROVED AS TO LEGAL FORM By: ____________________________ Dated: ________________ {Signatures continued on next page} 4/6/23Digitally signed by: Laurie Avedisian-FaviniDN: CN = Laurie Avedisian-Favini email = [email protected] C = US O = Lozano SmithDate: 2023.04.06 13:22:36 -07'00'Laurie Avedisian-Favini 5 MERCED COUNTY OFFICE OF EDUCATION By: ____________________________ Dated: ________________ ATTEST: By: ____________________________ Clerk APPROVED AS TO LEGAL FORM By: ____________________________ Dated: ________________ J:\wdocs\03360\001\AGT\01031510.DOCX Exhibit “A”
Exhibit “B”