MASTER JOINT-USE AGREEMENT
FOR USE OF SHARED SITES
BETWEEN
POMONA UNIFIED SCHOOL DISTRICT
AND
CITY OF POMONA
[DATE: February 16, 2023]
Attachment No. 1
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2 MASTER JOINT-USE AGREEMENT FOR USE OF SHARED SITES
This MASTER JOINT-USE AGREEMENT for the use of shared sites (“ Agreement”) is made as of the 16th day of February 16 , 202 3 (the “ Effective Date ”) by and between the POMONA UNIFIED SCHOOL DISTRICT (“ District”), a public agency of the State of California, and the CITY OF POMONA, a California charter city (“ City”) (collectively, the District and the City may be referred to herein as the “Parties” and individually as a “Party”).
RECITALS
A. The District and City wish to share with each other, under the terms and limitations set forth herein or as otherwise provided by the Facilities Addenda between the Parties, the use of their separately owned property (collectively “the Property”) for the common general educational and recreational objectives of the community and to jointly accomplish various projects related to the improvement and use of the Property.
B. The purpose of this Agreement is to establish a master agreement setting forth the general terms applicable to the Parties’ joint use of the Property.
C. It is the desire of the District and the City, upon the express terms and conditions set forth in this Agreement, to jointly utilize facilities for the mutual benefit of each Party, pursuant to the terms set forth herein.
D. The Facilities Addenda set forth the specific t erms for each individual joint use project and are expected to be issued separately by the parties in accordance with the procedures set forth in Exhibit “B”.
E. The Parties recognize and acknowledge that this Agreement supersedes any prior joint use agreements b etween the Parties, which prior agreement s shall be of no further force or effect.
F. The Parties have full authority to enter into the Agreement, including but not limited to, California Education Code Sections 10900 et seq. for recreational and other public uses and California Education Code Sections 38130 et seq. (also known as the Civic Center Act).
OPERATIVE PROVISIONS
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties agree as follows:
1.0 DEFINITIONS. For purposes of this Agreement, the following terms mean:
1.1 “Facilities Addendum” means any separate addendum agreed to in writing by the Parties to govern the joint use of a specific Site entered in the form and content shown on the attached Exhibit “A” and entered into in accordance with the procedures described in the attached Exhibit “B”.
1.2 “Owner” means the Party who owns a particular Site.
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3 1.3 “Site”, or “Sites”, means the Joint Use Area of a specific property or properties and its associated facilities in a District-Owned Site or City-Owned Site subject to this Agreement.
1.4 “District-Owned Site(s)” means all Sites owned by the District.
1.5 “City-Owned Site(s)” means all Sites owned by the City.
1.6 “Joint Use Area(s)” means the common areas of District and City Property authorized for use under this Agreement and a Facilities Addendum.
2.0 TERM OF THE MA STER JOINT USE AGREEMENT . Except as provided in Sections 13 and 14, this Agreement shall terminate on June 30, 2028.
3.0 EMERGENCY NEED. Nothing in this Agreement or any Facilities Addendum shall limit either Owner’s right to make unlimited use of all or any portion of its Sites during an emergency.
For purposes of this Agreement, an emergency is any circumstance or event that the Owner, in Owner’s sole discretion, deems to pose an actual or potential danger to life or property. The Parties shall exchange and keep current a list of authorized representatives, by name or by title, to be contacted in the event of an emergency. When such Owner declares any such emergency, a notice in writing shall be provided to the other party within a reasonable amount of time according to the emergency.
4.0 FACILITIES ADDENDA.
4.1 The Facilities Addenda shall set forth the specific terms of each individual joint use project. In the event of any inconsistency between this Agreement and a Facilities Addendum, the Facilities Addendum shall govern. In the event of any additional terms that are not included in this Agreement, such terms shall apply to the individual Facilities Addendum. Otherwise, this Agreement, as the master contract, shall be deemed incorporated into each individual Facilities Addendum.
4.2 The Addenda shall be numbered consecutively beginning with Facilities Addendum No. 1 . Each Addendum shall be considered a part of the Agreement and shall be included in accordance with the procedures described in the attached Exhibit “B”. Facilities Addenda, once mutually agreed by the Parties shall be , attached as part of Exhibit “A ” to this Agreement. Each Facilities Addendum shall include an exhibit showing the boundaries/location of the individual Site.
5.0 COOPERATION. The Parties hereby agree to cooperate in coordinating programs and activities conducted on the Sites as well as other properties and facilities that may become subject to this Agreement so as to avoid conflicting or competing uses.
6.0 OWNERSHIP OF THE SITES, FACILITY, FURNISHINGS AND EQUIPMENT.
6.1 Each Owner shall retain its existing ownership interest in and t o its Sites and any land, building, or improvement existing thereon as of the effective date of the applicable Facilities Addendum. No past, present, or future use of any of the Sites pursuant to this Agreement shall be interpreted as conveying any ownership or other property interests in any of the Sites.
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4 6.2 Personal property, trade fixtures, furnishings, or equipment installed or placed on a Site by a Party after the effective date of the applicable Facilities Addendum shall remain that Party’s separate property.
6.3 Upon the expiration or termination of a Facilities Addendum, the Party who is not the Owner shall remove from the Site its personal property, trade fixtures, furnishings, or equipment within thirty (30) days or longer by mutual agreement of the Parties or else such personal property, trade fixtures, furnishings, or equipment shall become the sole property of the Owner. If a Party removes any personal property, trade fixtures, furnishings or equipment from a Site of which it is not the Owner, that Party must return to its original condition that portion of the Site affected by such removal.
7.0 IMPROVEMENTS.
7.1 The terms under which the capital im provements will be made, funded, and amortized on any Site shall be set forth in the applic able Facilities Addendum. Such terms shall include, at a minimum if applicable, (a) provisions for funding said capital improvements and (b) provision for (i) extending the term of the applicable Facilities Addendum to allow for amortization of that funding by the Party making it, (ii) waiving certain termination rights to this Agreement or the applicable Facilities Addendum, or (iii) the payment of any recoupment of non- amortized capital improvement to the Party making it.
7.2 The Party seeking to make such improvements sha ll be responsible for all costs associated with any improvements unless otherwise determined and agreed pursuant to an Facilities Addendum for the site of the improvements or otherwise in writing by the Parties, including but in no wa y limited to compliance with the California Environmental Quality Act (CEQA), the Division of State Architects (DSA), the Department of Toxic Substances Control (DTSC), or the California Department of Education (CDE), unless otherwise determined and agreed, in writing, to by the Parties.
7.3 The Party which owns the Site upon which improvements are to be made , unless construction of the improvements is assumed as an obligation by the other Party, shall have the right to review and approve all project plann ing, design and construction, and shall have final approval of all contracts and schedules related to any such improvements.
7.4 As may be required by each Party’s policies and procedures, a ll construction services for such improvements shall be performed by a properly licensed architect, engineer, contractor, or inspector to the extent required by law . All c onstruction management services, if any, shall be provided either by personnel for the Party making the improvement, or, in said Party’s discretion, by a licensed contractor, architect or engineer, and shall comply with all applicable public works labor requirements, as required of school districts and charter cities and as approved by the required State agencies. Each Party reserves the right to have its employees make improvements on their respective Sites, in their reasonable discretion.
7.5 All contractors and subcontractors, and their employees and agents who enter onto District Sites for any reason or at any time subscribed herein and have any in teraction with a District pupil, outside of the immediate supervision and control of pupil’s parent or legal guardian City of Pomona
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5 or a District employee , shall submit or have submitted their fingerprints, without exception, as prescribed by California Education Code S ection 45125.1. Prior to the issuance of keys to any third-party, including contractors and sub-contractors, the District and the City shall each require said third-party, contractor or sub -contractor to acknowledge that he/she has been informed that California Penal Code Section 469 provides that any person who “knowingly makes, duplicates, causes to be duplicated, or uses.” or attempts to do same, or possesses any key to a public building, structure, or barrier such as a gate without authorization and wi th knowledge of the lack of such authorization, is guilty of a misdemeanor; and that said third -party, contractor or sub -contractor further specifically acknowledges that he/she shall be responsible for any such duplication or unauthorized use of said keys, whatsoever.
8.0 MAINTENANCE, REPAIR AND OPERATIONS . For so long as the Agreement and the Facilities Addenda for any Sites remain in effect, and s ubject to appropriations, as defined in Section 13.0, by their applicable and respective legislative bodies, the Owner shall be responsible for all costs associated with maintaining, repair ing and operating the Joint Use Area of a Site , unless the Facilities Addendum for the Site provides otherwise. The terms under which each Joint Use Area of a Site is maintained, repaired and operated shall be set forth in the applicable Facilities Addendum.
9.0 CONSIDERATION. Consideration for each Party’s use of the other Party’s Sites shall be as set forth in the Facilities Addendum for each Site.
10.0 USE SCHEDULING. The District shall develop and administer the scheduling for use of the District-Owned Sites unless otherwise mutually agreed in the applicable Facilities Addendum.
The District will consult with the City in developing such schedules. Similarly, t he City shall develop and administer the scheduling for use of the City-Owned Sites unless otherwise mutually agreed in the applicable Facilities Addendum , and the City will consult with the District in developing such schedules.
11.0 USE OF JOINT USE AREA OF SITES.
11.1 Except as provided herein, during use by the District of a District-Owned Site, City shall not be permitted to utilize or allow the community to utilize that Site. Except as prov ided herein, during use by the City of a City-Owned Site, District shall not be permitted to utilize or allow the community to utilize that Site.
11.2 Each Site shall be used to the maximum extent possible for both school and community purposes to the ex tent that such does not interfere with the Owner’s schedules for maintenance, repair, or use of the Site, which schedules shall have priority over any use of the Site by the Party who is not its owner.
11.3 Except as otherwise provided in a Facilities A ddendum, neither Party shall be responsible to the other Party for the cost of its own recreation programs and activities.
11.4 Except as otherwise provided in a Facilities Addendum, each Party shall be solely responsible for the direction and supervision of its respective programs and activities on the Sites.
The Owner of any given Site shall retain sole discretion and authority to determine lock style, types of gates, and key/code authorization at the Site. The Owner shall provide the other Party City of Pomona
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6 with adequate copies of each key necessary to access the Site designated for use by the other Party.
Security and locking of all applicable entries shall be of the highest priority. Costs associated with any necessary re-keying from time to time shall be paid by the Parties (and invoiced by the Owner of a particular Site) based upon proportionate use, in the Owner’s sole discretion; provided however, that costs associated with re-keying made necessary for a breach of security caused by a Party, or such Party’s lack of supervision at a Site, shall be paid solely by that Party.
11.5 The Parties shall utilize the Sites in conformance with all applicable federal, state, and local laws, as well as any applicable administrative regulations and policies adopted by either Party.
11.6 Each Party utilizing the other Party’s Site shall hold any third-party user who fails to comply with established guidelines liable to pay for all damages caused thereby to the Site. The Owner of said Site may, in its sole discretion, waive this requirement.
11.7 Advertising on any Site shall be in accordance with the policies established by the Owner’s governing body.
11.8 Each Party utilizing another’s Site shall be aware of such Owner use prohibitions and rules, as may be set by such Owner’s governing body’s policy from time to time.
12.0 SITE USE: PRIORITY, ALLOCATION, AND PERMITS . The use of each Party’s Sites shall be subject to that Party’s use policies as are determined by that Party’s governing board policy (which may be revised from time to time, consistent with the terms of this Agreement), or as are set forth in a Facilities Addendum.
13.0 TERMINATION FOR CAUSE. Failure of a Party to comply with any provision of this Agreement and/or the applicable Facilities Addendum shall constitute a breach. The Party alleging breach (the “Noticing Party”) shall provide written notification to the other Party (the “Breaching Party”) identifying the alleged breach. The Breaching Party shall have ten (10) business days (“Cure Period”) to cure said breach. If the Cure Period requires, notwithstanding due diligence, a greater period of time, the Breaching Party shall have a reasonable period of time to complete the cure of the breach so long as due diligence activiti es continue to take place (the “Extended Cure Period ”). If the Breaching Party does not cure the breach within the Cure Period, the Noticing Party may a) suspend its performance under this Agreement and if applicable, suspend the Breaching Party’s use of t he Site until the breach is cured, or b) terminate this Agreement and/or the applicable Facilities Addendum. If a Party is terminated for cause, it shall not be entitled to any recoupment or recovery of its non-amortized capital contributions. The Noticing Party shall be entitled to recoup the balance of its non -amortized capital contributions from the Breaching Party. Neither Party shall be responsible to the other Party for ongoing operations and maintenance costs associated with the other Party’s Site an d the facilities thereon following the effective date of termination for cause . The failure (also referred to herein as nonappropriation) to make an annual capital, maintenance or other appropriation (collectively, “ appropriations”) shall constitute a brea ch of and cause for termination of this Agreement if not made within the Cure Period.
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7 14.0 TERMINATION FOR CONVENIENCE . Except for Section 13.0 , and as may otherwise be provided in a Facilities Addendum, either Party may terminate this Agreement or any or all Facilities Addenda for any reason, without cause, upon thirty (30) days written notice to the other Party. The Party terminating this Agreement for convenience shall not be entitled to any recoupment or recovery of non-amortized capital contributions made by it as of the date of the written notice. The Party not terminating the Agreement for convenience shall be entitled to recoup or recover the full amount of its non -amortized capital contributions which shall be paid by the non-terminating Party within ten (10) days of the expiration of the thirty (30) day notice period .
Neither Party shall be responsible to the other Party for ongoing operations and maintenance costs associated with the other Party’s Site and the facilities thereon upon expiration of the thirty (30) day notice period.
15.0 INDEMNIFICATION.
15.1 Notwithstanding Government Code Section 895.2, no Party or any of its officers, agents, volunteers, contractors, or employees shall be responsible for any damage or liabilit y occurring by reason of any acts or omissions on the part of another Party under or in connection with any obligation delegated to the Parties under this Agreement. Pursuant to Government Code Section 895.4, each Party shall indemnify, defend and hold ha rmless the other party, its officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), or clai ms imposed for damages of any nature whatsoever, including but not limited to, claims for discrimination, Title IX related issues, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the Party’s own officers, agents, contractors, or employees under or in connection with any obligation delegated to such Party under this Agreement. This indemnity shall survive termination of this Agreement.
15.2 Each Party agrees to require all third-party organizations that it authorizes to use or enter the Site, to execute a document stating the following:
[Name of Organization] agrees to hold harmless, defend, and indemnify the Pomona Unified School District and the City of Pomona, their respective board, council, members, agents, officers, employees and repres entatives against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage is due to the sole negligence or willful misconduct of the Pomona Unified School District and the City of Pomona), whenever such injury, death, loss, damage or claim is a consequence of, or arises out of the use of or access to the Site known as [name of Site], by [name of organization] or its agents, officers, employees and representatives.
16.0 INSURANCE.
16.1 General Insurance Requirements . For each of the Facilities Addenda, without limiting the indemnification provision and during the term of this Agreement, the Parties shall provide and maintain the insurance pr ograms set forth in this Section. Each Party’s insurance shall be primary to and not contributing with any other insurance or self -insurance programs City of Pomona
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8 maintained by the other Party, and shall be provided and maintained at the insured Party’s own expense.
16.2 Insurance Coverage Requirements . Unless a Party is self -insured pursuant to Section 16.3, for each of Sites covered by a Facilities Addendum, each Party shall maintain the following program(s) of insurance coverage, with each policy naming the othe r Party as an additional insured:
General liability insurance including bodily injury and property damage, broad form property damage, completed operations and independent contractor’s liability all applicable to personal injury, bodily injury, and propert y damage to a limit not less than Two Million Dollars ( $2,000,000) each occurrence and Four Million Dollars ($4,000,000) in the aggregate, and naming the other Party as an additional insured.
The Parties shall procure and maintain for the duration of this Agreement sexual abuse and molestation liability insurance. Such insurance shall provide for limits of not less than Three Million D ollars ($ 3,000,000) per occurrence , Six Million Dollars ($6,000,000) in the aggregate.
The automobile liability insurance sh all have an each -occurrence limit of not less than One Million Dollars ($1,000,000) for bodily injury and property damage. The automobile insurance shall be at least as broad as the latest version of the Insurance Office Business Auto Coverage form numbe r CA 001, code 1 (any auto). The automobile liability policy shall be endorsed to state that: the other Party shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leas ed, hired or borrowed by each Party or for which either Party is responsible.
16.3 Self-Insurance. In lieu of obtaining the insurance coverages required by Section
16.2, either Party may self -insure up to the specified limits as evidenced by certification of self- insurance to be provided to the other Party.
16.4 Evidence of Insurance. Each Party shall provide a letter or certificate of insurance, or self -insurance, satisfactory to the other Part ies prior to commencing use under each of the Facilities Addenda. Such evidence shall identify the applicable Facilities Addendum and the required coverages. Each Party shall provide the other Party written notice by mail at least thirty (30) days in advance of cancellation for all required coverages.
16.5 Insurer Financial Ratings and Self-Insurance. All insurance policies shall be issued by California admitted insurers, and shall be provided by an insurance company with an A.M. Best rating of not less than A -: VII, or as otherwise mutually agreed to by t he Parties. In lieu of commercial insurance, each Party shall retain the right to self -insure all or any portion of its insurance obligations herein.
16.6 Notification of Incidents, Claims or Suits . To the best of their ability, each Party shall notify the other of any accident or incident relating to its use of the Site pursuant to this Agreement, which involves injury or property damage which may result in the filing of a claim or City of Pomona
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9 lawsuit against any of the Parties, and, of any actual third -party claim or lawsuit arising from or related to services under this Agreement.
17.0 NON-DISCRIMINATION. The Parties agree that in providing use of the Sites pursuant to the Facilities Addenda, the hiring of staff, and the selection and use of volunteers, all per sons will be treated equally and without regard to or because of race, color, religion, ancestry, national origin, sex, age, sexual orientation, marital status or disability, and in compliance with all anti - discrimination laws of the United States of America and the State of California.
18.0 REVIEW AND MODIFICAT ION PROCESS . Each Party shall designate a representative as the contact liaison in connection with any and all issues pertaining to this Agreement. The terms and conditions of the Agreement may be revised or amended in writing as may be necessary from time to time and as mutually agreed by the Parties.
19.0 NOTICES.
19.1 Notice. Notices shall be personally delivered or delivered by United States Mail, postage-prepaid, certified, return receipt requested, by facsimile with proof of transmission, or by reputable document delivery service, including overnight mail with proof of delivery, that provides a receipt showing date and time of delivery. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch. Notices personally delivered or delivered by document delivery service shall be effective upon receipt. Notices shall be delivered to the Parties at the following addresses:
To District: Pomona Unified School District
Attn: Sandra Garcia, Assistant Superintendent/
Chief Business Officer
800 S. Garey Ave.
Pomona, CA 91766
To City: City of Pomona
Attn: City Manager
505 S. Garey Ave.
Pomona, CA 91769
The Parties shall notify one another of any change of address.
19.2 Emergency Contact Numbers . The Parties will provide and periodically update after-hours emergency contact information for appropriate supervisory staff. Such information must include emergency contact numbers for other facilities that may be utilized in the event of a community emergency.
20.0 PARTY EMPLOYEES.
20.1 District Employees. For purposes of this Agreement, all persons employed in the performance of services and functions for District shall be deemed District employees and no District employees shall be considered as an employee of the City, nor shall such District employees have any City pension, civil service, or other status while an employee of the District.
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10 20.2 City Employees . For purposes of this Agreement, all persons employed in the performance of services and functions for the City shall be deemed City employees and no City employee shall be considered as an employee of the District, nor shall such City employees have any District pension, civil services, or other status while an employee of the City.
21.0 MISCELLANEOUS.
21.1 Attorneys’ Fees; Litigation. In the event of a dispute under this Agreement, each Party shall bear its own attorneys’ fees and costs.
21.2 Dispute Resolution. In the event of any dispute between the Parties regarding the meaning or interpretation of this Agreement, the dispute shall be resolved in the following manner.
First, the Parties shall attempt in good faith to resolve the dispute between the respective representatives having immediate supervision and control over the planning, construction, use o f facilities including all addendum facilities. Second, if that is not successful, the Superintendent of the Pomona Unified School District and the City Manager of the City of Pomona shall attempt in good faith to resolve the dispute. If all efforts fail, the Parties may agr ee to submit the matter to nonbinding mediation or binding arbitration, with each Party bearing half the cost, or if no agreement can be reached, either Party may proceed to litigation. In the event of litigation or binding arbitration, the prevailing Party is entitled to reasonable attorneys’ fees and costs.
21.3 Assignment. No Party shall assign this Agreement or any right or privilege any Party might have under this Agreement without the prior mutual written consent of all Parties hereto, which consent shall not be unreasonably withheld, provided that the assignee agrees in a written notice to all Parties to carry out and observe each applicable Party’s agreements hereunder.
21.4 Binding on Successors. This Agreement shall be binding upon the Par ties hereto and their respective successors and assigns (to the extent approved under Section 21.3).
21.5 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
21.6 Entire Agreement, Waivers and Amendments . This Agreement and the Facilities Addenda added hereto, incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the Parties with respect to all or part of the subject matter thereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged. Any amendment or modification to this Agreement must be in writing and executed by all of the Parties hereto.
21.7 Incorporation of Facilities Addenda. Facilities Addenda shall be incorporated, t o the extent set forth herein, into this Agreement whether or not actually attached to this Agreement.
Each Addendum shall be separately approved by the Parties.
21.8 Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in City of Pomona
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11 accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
21.9 Authority. The persons executing this Agreement , including any Facilities Addendum, on behalf of the Pa rties hereto warrant that: (a) such Party is duly organized and existing; (b) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (c) by so executing this Agreement, such Party is formally bound to the provis ions of this Agreement; and (d) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
21.10 Execution in Counterparts; Signatures. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute one agreement binding on all Parties hereto, notwithstanding that all Parties are not signatories to the original or the same counterpart. Copies of signatures shall have the same force and effect as original signatures.
21.11 Effect of Recitals . The Recitals herein are deemed true and correct, are hereby incorporated into this Agreement as though fully set forth herein, and the Parties acknowledge and agree that they are each bound by the same.
21.12 Rights and Remedies are Cumulative. Except as may be otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of its right or remedies shall not preclude the exercise by it, at the same time or at different times, of any other rights or remedies for the same default or any other default by another Party or Parties.
21.13 Provisions Required by Law Deemed Inserted . Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of any Party the Agreement shall forthwith be physically amended to make such insertion or correction.
21.14 Cooperation. The Parties acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the objectives and requirements that are set out in this Agreement. The Parties hereby agree to cooperate with each other by executing such other documents or taking such other a ctions as may be reasonably necessary to complete the objectives and requirements set forth herein in accordance with the intent of the Parties as evidenced in this Agreement.
21.15 Ambiguities Not to be Construed Against Drafting Party . The doctrine that any ambiguity contained in a contract shall be construed against the party whose counsel has drafted the contract is expressly waived by each of the Parties hereto with respect to this Agreement.
21.16 Nonliability of Officials. No officer, member, emplo yee, agent, or representative of the Parties shall be personally liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon, shall be personally enforced against any such officer, official, member, employee, agent, or representative.
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12 21.17 Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not signatory to this Agreement.
IN WITNESS WHEREOF, the Pomona Unified School District and the City of Pomona have entered into this Agreement as of the Effective Date.
CITY OF POMONA:
James Makshanoff
City Manager
Dated:
POMONA UNIFIED SCHOOL DISTRICT:
Sandra Garcia, Assistant Superintendent/
Chief Business Officer
Approved by Board:
ATTEST:
Rosalia A. Butler, MMC, City Clerk
Approved as to Form:
MUNDELL, ODLUM & HAWS, LLP
General Counsel
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
Best Best & Krieger LLP
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EXHIBIT “A”
Facilities Addenda
Addendum # Site Address Term
Addendum No. 1 Kellogg Park 610 Medina St.,
Pomona, CA 91768
February 16, 2023
– June 30, 2028
Addendum No. 2 Phillips Ranch/Decker
Park
18 B Village Loop Road,
Pomona, CA 91766
February 16, 2023
– June 30, 2028
Each Facilities Addendum entered into by the Parties may be inserted behind this page beginning with Exhibit AA-1.
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14 FACILITIES ADDENDUM(S)
[See Attachments]
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EXHIBIT “B”
Facilities Addenda Procedure