EXHIBT AA-1
FACILITIES ADDENDUM NO. 1
TO MASTER JOINT-USE AGREEMENT FOR USE OF SHARED SITES
DISTRICT PROPERTY FOR KELLOGG PARK
RECITALS
WHEREAS, the City and the District first entered into a License Agreement for the use of the Facility, as defined below, on July 15, 1969; and
WHEREAS, the City has paid for and installed certain improvements to the Facility, as defined below, including a gazebo, restroom facilities, a storage closet, three pic nic tables, three benches, a playground, a drinking fountain, and a walking path; and WHEREAS, the City and District now desire to enter into this new agreement regarding the use of the Facility, as defined below.
OPERATIVE PROVISIONS
1. Location & Amenities.
a. The property set forth in Attachment “A” to this Addendum (“Facility”), a District- Owned Site located at 610 Medina St. , Pomona, CA 91768, shall consist of park and playground facilities as depicted on overhead map attached hereto as Attachment “B”;
2. Operations Schedule.
a. City shall have priority use or discretion of use of the Facility at all times . City may schedule events for civic or other community groups to be conducted upon the Facility provided, however, said events do not interfere wit h any of the District’s educational programs or activities, and the City provides the District with a copy of the schedule. The District point of contact for receipt of notice for park scheduling will be Fernando Meza, Assistant to the Superintendent, Facilities, Maintenance & Operations at [email protected] and the City point of contact for receipt of notice for park scheduling will be Mike Osoff, Community Services Manager at [email protected].
b. Notwithstanding the foregoing, the Facility shall be available at all times for use by the District for educational purposes. Any activity planned by the District for educational pur poses on the Facility shall be done in accordance with an advance plan or schedule furnished to the City by the District at least fourteen (14) days prior to the activity so the City will be able to avoid any conflict with any of its programs or events.
c. All requests for Facility use from third party organizations shall be submitted to the District and the City.
d. If either the District or the City (Party, collectively the Parties) has an interest in increasing or decreasing priority use schedules, both Parties will meet and confer to discuss schedules and financial repayment options, if necessary.
Attachment No. 2
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e. Use of facilities may need to be curtailed from time to time for maintenance activities with thirty (30) calendar days advance written notice to the District and the City.
3. Equipment and Capital Improvements.
a. The City may furnish certain equipment or improvements for the Facility but shall not be required to do so . Notwithstanding the foregoing, any equipment or improvement placed upon the Facility by the City, whether it is personal property or fixtures, shall remain the property of the City and shall not become the property of the District by reason of it being on or attached to the Facility, and the City , in its sole direction, may remove from said Fa cility any or all of such property at any time.
4. Maintenance, Repair, and Operation Costs.
a. Based on the Operations Schedule, the City shall be responsible for one hundred percent ( 100%) of all applicable maintenance, repair and operation costs of any kind , except as provided in Sections 4(c) and 4(d) below.
b. These costs include , but are not limited to , minor repair cost s (costs not exceeding $5,000) due to normal wear and usage, cleaning restrooms, trimming trees, maintenance of fences between residential neighbors and Facility, maintenance of fence between San Jose Creek and Facility, replacement of light bulbs, grooming and sp raying of field, and basic everyday collection of trash of the Facility.
c. Notwithstanding Section 4(a) above, c osts for large scale and emergency repairs (over $5,000) will be shared by the District and the City. For such large scale and emergency repairs, the District shall be responsible for ten percent (10%) and the City shall be responsible for ninety percent (90%) of the costs. The District and City shall confer annually to identify any such potential repairs to facilitate budgeting and scheduling. d. Notwithstanding Section 4(a) above, the District shall be responsible for one hundred percent (100%) of all applicable maintenance, repair and operation costs for the fence between the Facility and Kellogg Polytechnic Elementary School.
e. Either Party may notify the other Party in writing of any extraordinary maintenance, repair or operation tasks needing immediate attention, particularly in the event of a safety concern.
5. Performance.
a. All maintenance, repair and operation tasks and all capital improvement projects will be undertaken and accomplished by the City, either by City force account or outsourcing the task or project as provided by law.
6. Staffing.
a. District and City shall not be responsible for providing on -site staffing during use by the other Party. Moreover, District and City understand that the Facility is not regularly staffed.
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7. Term.
a. District and City’s payment obligations for the anticipated capital improvement projects at the Facility detailed in this Addendum shall terminate on June 30, 2028. The term shall be adjusted or by ame ndment to this Addendum, to the extent the installation schedule is different from the anticipated schedule as set forth herein. District shall be responsible for determining life expectancy of the capital improvement projects after meeting and reviewing conditions with the City.
[SIGNATURES ON FOLLOWING PAGE]
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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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ATTACHMENT “A”
[Legal Description of the Facility]
TRACT # 21202 LOT 26
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ATTACHMENT “B”
[Overhead Map]