JOINT USE AGREEMENT FORRIVERSIDE AQUATICS COMPLEX AT RIVERSIDE CITY COLLEGEThis JOINT USE AGREEMENT FOR RIVERSIDE AQUATICS COMPLEX AT is entered into by and between the RIVERSIDE COMMUNITY COLLEGE DISTRICT, a public educational institution ), and the CITY OF RIVERSIDE, a California charter city and municipal corporationboth1. Purpose. The Parties have determined that it is in the public interest andfor the general welfare for the Parties hereto to share jointly in the use of the property owned by the District, currently known as the Riverside Aquatics Complex at Riverside City College (hereinafter referred to as the, to conduct swimming and water sports events for the benefit of the students of District and for the residents of City. This Agreement serves to clarify the usage of the Complex by all Parties to the Agreement, upon completion of construction of the Complex, as well as to set rules and regulations regarding that usage.2. Development of Complex. The Parties have signed a Memorandum ofAgreement as to the financing, development and construction of the Complex, which was signed on or about September 2, 2008 and is incorporated herein by reference.3. Maintenance of Complex. Following its construction the District shallmaintain the Complex at a level consistent with the level established by the District for the current pool facility.The Districtmaintenance responsibilities shall include, but not be limited to, repairing the pool, all plumbing and water pipes, restrooms, buildings, diving platforms, 2 bleachers and other facilities and systems not specifically mentioned herein. The District and City shall be responsible for the cost of maintaining the Complex as defined above.Notwithstanding the above, the City shall contribute Fifty Thousand Dollars ($50,000.00) annually based on the maintenance associated with Five Hundred (500) hours of usage. If the City exceeds the use of 500 hours, City shall pay for actual costs in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) annually during the term of Agreement. This payment shall commence for the calendar year 2025 as the Complex opened on January 1, 2025, and payment will be due every year thereafter on January 1. Any vandalism or damage beyond normal wear and tear incurred during the use of the Complex by City, or by entities, groups, or clubs associated with and scheduled by City, shall be repaired by City, respectively, at their sole expense pursuant to Section 10. below. Any vandalism or damage beyond normal wear and tear incurred when the Complex is not in use by City or entities, groups, or clubs associated with City, shall be repaired by District at its sole expense.4. Utilities. The District and City shall be responsible for the cost of all utilities associated with the Complex, including, but not limited to, water, electricity and natural gas. Annual utility costs shall be prorated based on actual usage. The District shall maintain records of expenditures associated with utilities and submit invoices and detailed back-up on a quarterly basis to the Parties.5. Use and Scheduling of Complex. The Complex shall be used by District for conducting District classes and programs and by City for its sports and recreation programs and other events. 3 Notwithstanding the Minimum Usage provisions set forth below, District classes and programs shall be scheduled first. Once schedule has been determined, then any portion of time that remains open shall be shared equally by City. Likewise, District shall not use the Complex during those times allocated to the City as set forth on the Riverside Community College District Aquatics Complex at Riverside Community College City Use Schedule (hereinafter referred to as the City hereto as Exhibit A and incorporated herein by reference. The City Schedule shall be reviewed annually and shall not change unless mutually agreed to by District and City. District shall create and maintain the master schedule of classes, meets, matches, events and any other activities in the Complex to be held by District or City, subject to the limitations hereinthe . The Master Schedule shall include the City Schedule. By July 15 of each year, District shall provide City with its scheduled use for the upcoming year beginning September 1. The City shall provide District of the dates and times of their proposed annual use of the In the event of a dispute between the Parties regarding scheduling, such dispute shall be submitted to the President of Riverside City College for resolution.Entities, groups or clubs not associated with District or City, and not on the Master Schedule, shall contact the District Facilities Department, obtain and complete the required forms for usage (attached hereto and incorporated herein as Exhibit B) and meet all other requirements prior to using the Complex. Entities, groups or clubs not associated with District found using the Complex without the proper permission from District, or not on the Master Schedule, shall be asked to leave the Complex.All Parties using the Complex shall adhere to and comply with the Complex Usage Rules, Exhibit C. 4 have permission to utilize the Complex:1) Special Olympics2) Parks, Recreation and Community Services Department3) Riverside Aquatic4) Water polo5) Aquettes6) Turn and Burn (competition only)The City reserves the right to add to the User Groups at any time. The Parties acknowledge and agree that the Turn and Burn group has a separate arrangement for competitions booked by any User Group, including Turn and Burn, must be approved by 6. [Intentionally omitted].7. Fees. Nothing herein shall prohibit any of the Parties from charging fees for use of the Complex during such time as the Complex is assigned to that Party. Any such fees collected shall remain the property of the charging Party.8. Hold Harmless. City shall defend, indemnify and hold District, its officers and employees harmless from any and all claims, demands or liability arising from alleged acts or omissions of City, its officers, employees, or agents in the conduct of any event during those times when City shall have the use of the Complex.District shall defend, indemnify and hold City, its officers and employees harmless from any and all claims, demands or liability arising from alleged acts or 5 omissions of the District, its officers, employees or agents in the conduct of any event during those times when District shall have the use of the Complex.9. Concessions. District hereby agrees that City may provide concessionoperations or enter into non-exclusive agreements with various civic groups or concessionaires for the furnishing of food, snacks and beverages during such time as the Complex is assigned to them for use. Groups and concessionaires are prohibited from selling alcoholic beverages, chewing gum or sunflower seeds at the Complex.10. Insurance. Each Party shall maintain general liability insurance coverageat a minimum amount of $1,000,000.00 for each occurrence and $3,000,000.00 aggregate. City shall provide a Certificate of Insurance to District, naming District as an additional insured, for use of the Complex. Such insurance requirements may be met by a program of self-insurance, through a Joint Powers Authority, or a combination of both.11. Damage and Destruction. In the event the Complex grounds, pools,buildings, or diving boards are damaged or destroyed as a result of the actions of any City-affiliated groups or concessionaires with whom City has an agreement for usage of the Complex, the Party in use of the Complex at the time the facilities were damagedshall pay for, or reimburse District for repairs. District shall contact City as soon as possible after the damage or destruction is discovered, and provide photographic evidence of such damage or destruction. Prior to any repairs, or request for repairs, City shall be given 30 days to make the repairs before District takes any action to have the damage/destruction repaired, unless the damage or destruction is of such a nature that it prohibits further use of the Complex until repaired. In that event, District shall have the right to have the repairs done as soon as possible. In the event that District ultimately receives insurance proceeds for the damage/destruction, and City has 6 already paid for the repairs, City shall be reimbursed the amount expended (upon proof of expenditures), not to exceed the total amount of the insurance proceeds. 12. Discrimination Prohibited. The Parties agree and understand thatdiscrimination against any person in the provision of services, employment, or use of these facilities on the basis of race, religion, medical condition, disability, marital status, gender, age or sexual orientation, is prohibited.13. Term. The term of this Agreement shall be for f) years,commencing on the first date written above. This Agreement may renew for f(5) year term upon writtenagreement of the Parties. 14. Termination. This Agreement may be terminated at any time by mutualagreement of the effected Parties, i.e. District and City.15. Modification. This Agreement may be modified at any time, upon writtenagreement of the Parties.16. Law. This Agreement shall be governed by and construed in accordancewith the laws of the State of California.[Signatures on the following page.] 7 IN WITNESS WHEREOF, the Parties hereto have caused this Joint Use Agreement for Riverside Aquatics Complex at Riverside City College to be executed the day and year first above written.RIVERSIDE COMMUNITY COLLEGE DISTRICT, a public educational institution By:_______________________________Name:Its:Date: _____________________________ By:_______________________________Name: ____________________________ Its: _______________________________ Date: _____________________________ CITY OF RIVERSIDE, a California charter city and municipal corporationBy: _______________________________Mike FutrellCity ManagerDate: _____________________________Attest:By: _______________________________Donesia GauseCity ClerkCERTIFIED AS TO AVAILABILITY OF FUNDS:By: _______________________________Chief Financial OfficerAPPROVED AS TO FORM:By: _______________________________Anthony L. BeaumonSr. Deputy City Attorney
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