1 JOINT USE AGREEMENT
BETWEEN
SAN MATEO UNION HIGH SCHOOL DISTRICT
AND
CITY OF SAN MATEO
This Joint Use Agreement (“Agreement”) is entered into as of ________________, 2026 (“Effective Date”) by and between the San Mateo Union High School District, a public school district organized and existing under the laws of the State of California (“District”) and the City of San Mateo, a municipal corporation existing under the law of the State of California (“City”).
The District and City may each be referred to individually as “Party” and together as the “Parties” in this Agreement.
RECITALS
WHEREAS, California Education Code sections 10900, et seq., empower the District and City to cooperate with each other and enter into agreements for the purposes of organizing, promoting, and conducting programs for community recreation, and acquiring, constructing, improving, maintaining, and operating recreational centers, including but not limited to such facilities as playgrounds, outdoor playing fields or courts, swimming pools, and gymnasiums; and
WHEREAS, Education Code section 10910 provides that the governing body of any school district may use or grant the use of any of the buildings or grounds of the school district to any other public authority for the purpose of organizing, promoting, and conducting community recreation whenever such use will not interfere with the use of such facilities for any other purpose of the public school system; and
WHEREAS, Sections 6500-6528 of the Government Code of the State of California authorize public agencies through their governing bodies to jointly exercise any power common to the contracting agencies; and
WHEREAS, the District owns and operates a public school on real property owned by the District known as San Mateo High School located at 506 N Delaware Street, in San Mateo (“School Site”); and
WHEREAS, District and City previously entered into a joint use agreement, which generally provided for joint use, maintenance, and operation of the San Mateo Community Gymnasium located at the School Site (the “Gymnasium Facility”), dated June 3, 2002 (the “Prior Agreement”); and
WHEREAS, on October 21, 1996, District and City, sometimes referred to hereinafter as the Parties, executed an agreement, in writing, in which certain funds appropriated by the City were contributed to District in connection with certain school facilities projects; and WHEREAS, one of the facilities designated included the construction of a joint District/ 2 Community Gymnasium at San Mateo High School, sometimes referred to hereinafter as the facility; and
WHEREAS, the City desires to continue use of the Gymnasium Facility for recreational opportunities for City residents after school, on non-school days, and at certain other times when the Gymnasium Facility is not otherwise in use by the District for school purposes (“City Recreation”); and
WHEREAS, the Parties desire to continue to work together as partners to support and build success for local youth and the community by cooperating in exploring avenues for the development and expansion of recreational and educational opportunities; and WHEREAS, the Parties agree that public recreation is important and necessary for the development of good citizenship and the promotion, as well as the preservation, of the health and welfare of youth and members of the community at large; and WHEREAS, the Parties further agree that it is to their mutual benefit and to the benefit of local youth and members of the community at large that the Parties enter into this Agreement; and WHEREAS, the Parties intend that this Agreement shall supersede and replace in its entirety the Prior Agreement, and any other agreements or understandings between the Parties, whether oral or in writing, related to use of the Gymnasium Facility.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:
AGREEMENT
1. Purpose. The purpose of this Agreement is to: (1) clarify the roles and responsibilities of the Parties with regard to the District’s grant of use of the Gymnasium Facility to the City for City Recreation; and (2) affirm the Parties’ desire to continue to work together as partners to support and build success for local youth by cooperating in exploring avenues for the development and expansion of recreational and educational opportunities.
2. Gymnasium Facility. For purposes of this Agreement, the term “Gymnasium Facility” refers specifically to the main gymnasium facility located on the School Site, along with the Dance Room, Wrestling Room, parking, lobby, office space, storage, and restrooms all as detailed in Exhibit A attached hereto and incorporated herein by this reference.
3. Term of Agreement. The initial term of this Agreement shall commence on ________________, 2026 (“Effective Date”) and shall remain in effect for twenty-five (25) years (“Initial Term”), subject to earlier termination as provided in this Agreement. This Agreement may be renewed by mutual written consent of the Parties.
4. Use and Operation of Gymnasium Facility. Use and operation of the facility shall be on a shared basis between the District and the City. City shall use the Gymnasium Facility solely 3 for the purpose of providing City recreation for City residents (“City Recreation”), subject to the terms and conditions of this Agreement. City agrees to assume full responsibility for the scheduling, supervision, and control of recreational activities conducted by the City. City further agrees to provide adequate and qualified recreational personnel to fulfill these responsibilities.
All personnel employed in connection with the City’s use of the Gymnasium Facility for recreational programs shall be deemed City employees or agents. The hiring, supervision, and discipline of all such personnel shall be the responsibility of the City. City agrees to procure and maintain in full force and effect, workers’ compensation insurance coverage for such recreational personnel for any death, injury, or illness arising in connection with the performance of this Agreement.
4.1 Specific Use Provisions. Except as otherwise agreed to by the District and the City in writing, the District shall have sole possession and use of the Gymnasium Facility. during hours that the School Site is in operation (“School Hours”). The City shall have use of the Gymnasium after School Hours on school days, on weekends and during vacation periods, during certain times of the year, specifically as described below. Use by the Parties is subject to the following specific use provisions:
4.1.1 Dance Room. The City shall have exclusive use of the Dance Room, after 6:00 PM Monday through Friday, and on Saturday and Sunday for the purpose of running its dance programs throughout the year.
4.1.2 Youth Sports Program. The City shall also have exclusive use of the Gymnasium Facility on Saturdays from February 1 up to and including April 30 of each year for use by the Youth Sports Program. The City shall also have exclusive use of the Gymnasium Facility, between 4 PM and 9 PM on agreed-upon midweek days during that same time period each year.
The exact days of the week and times will be determined jointly by the Parties by November 30 of each year of this Agreement, and the District will offer at least ten (10) hours per week for exclusive use by the City for its Youth Sports Program.
4.1.3 Sunday Access. The City shall have exclusive use of the Gymnasium Facility on Sundays year-round.
4.1.4 Summer. Except as otherwise set forth herein, the City shall have exclusive use of the Gymnasium Facility from 8 AM to 3 PM daily for, at minimum, six weeks between the end of school and the beginning of the next school year. The exact weeks shall be agreed to by the Parties prior to January 1 of each year. During the same period, the District shall have exclusive use of the Gymnasium Facility after 3 PM daily.
4.1.5 Annual Maintenance. The District shall have exclusive use of the Gymnasium Facility for two weeks during the summer in order to perform annual maintenance. The exact weeks shall be agreed to by the Parties prior to January 1 of each year.
4.1.6 These Specific Use Provisions may be revised as needed upon written agreement of both Parties.
5. Scheduling. Both the District and the City recognize the need to plan and schedule programs with as much foresight as possible so as to minimize unanticipated re-scheduling or 4 disruption of activities once they are publicized and agree to make reasonable efforts to keep such unexpected disruptions to a minimum.
5.1 Master Schedule. The District shall be responsible for and maintain the Master Schedule for the Gymnasium Facility which shall comply with the Specific Use Provisions above.
5.2 Cooperation. The District and City shall cooperate and coordinate as necessary for scheduling use of the Gymnasium Facility during times other than School Hours and Specific Use designations. A schedule of the times and dates that the Gymnasium Facility are available for use by District and City times other than School Hours shall be completed at a joint meeting of both Parties by no later than August 1 of each year.
5.3 Monthly Coordination Meetings. The schedule shall be reviewed and updated each month at monthly coordination meetings (“Monthly Meetings”). The dates of the Monthly Meetings shall be scheduled for the entire school year (August 1 to May 31) and shall be finalized prior to the start of each school year.
5.4 Notification. City and District agree to notify the other at least thirty (30) days prior, if possible, to any scheduled activities by the other Party in the Gymnasium Facility that may materially impact the use of the Gymnasium Facility.
6. Periodic Review. For a period of twelve (12) months after each of the seventh (7th), fourteenth (14th), and twenty-first (21st) anniversaries of the Effective Date, either Party may deliver written notice to the other Party requesting a review of the Parties’ rights and obligations under this Agreement, including (1) facility use, (2) scheduling, (3) operating hours, (4) access, and (5) programming or other terms governing the joint use of the Gymnasium Facility. Following receipt of a Periodic Review Request, the Parties shall meet and confer in good faith regarding any proposed modifications.
Parties shall follow the procedure set forth below:
a. Staff Level. The staff of the Parties shall first meet and negotiate in good faith regarding any proposed changes to the terms of the Agreement. b. City Manager/Superintendent Level. If the Parties are unable to reach agreement at the Staff Level, the matter shall be elevated to the City Manager and the District Superintendent, or their respective designees, who shall meet and negotiate in good faith in an effort to reach agreement.
c. 2x2 Level. If the Parties are unable to reach agreement at the City Manager/Superintendent Level, two (2) members of the City Council and two (2) members of the District Governing Board shall meet to discuss the remaining proposed changes and attempt to reach agreement.
d. Non-Binding Mediation. If the Parties are unable to reach agreement at the 2x2 Level, the matter shall be submitted to non-binding mediation administered by Judicial Arbitration and Mediation Services (“JAMS”). The matter shall be submitted by either Party to JAMS no later than thirty (30) days from the completion of the 2x2 Level process. The Parties shall mutually select the mediator. If the Parties are unable to agree upon a mediator, the mediator shall be selected in accordance with the applicable JAMS procedures. Mediation shall be completed within thirty (30) days of 5 submission of the matter to JAMS, or as soon thereafter as practicable, and in no event shall Mediation be completed more than ninety (90) days after such submission. Upon completion, the mediator shall issue a non-binding mediation report (“Non-Binding Report”). The mediator’s fees shall be shared equally by the Parties. e. Board and City Council Review. If the Parties are unable to reach agreement through mediation, the District Board and the City Council shall have sixty (60) days to review the Non-Binding Report and consider potential agreement terms based on the Non-Binding Report.
f. Binding Mediation. If the Parties are unable to reach agreement on all terms following completion of the procedures outlined in subsections (a) through (e) above, the matter shall be submitted to binding mediation administered by JAMS no later than thirty (30) days from the completion of the Board and City Council review and consideration process. The Parties shall each provide a written submission to the mediator who shall issue a binding and enforceable mediation report (“Binding Report”) within thirty (30) days based on these written submissions and the NonBinding Report. Notwithstanding the foregoing, the mediator may request and consider additional written statements to address specific issues and questions.
Written submissions from each Party shall be no longer than ten (10) pages using standard formatting. The Binding Report shall represent the final decision. The mediator’s fees shall be shared equally by the Parties.
7. Compliance with Law; Limitations on Use. At all times while using the Gymnasium Facility for City Recreation, the City shall enforce and comply with all applicable federal, state, local, and District laws, regulations, ordinances, policies, and procedures, as well as all state executive orders, and public health orders regarding health and safety, including all applicable laws related to COVID-19 (collectively, the “Law”).
The City shall not cause the Gymnasium Facility to be used or occupied under this Agreement in any manner or for any purpose that is in any way in violation of any Law. If any license, permit, or other governmental authorization is required for the City’s lawful use of the Gymnasium Facility, the City shall procure and maintain same to the extent required by Law. The City shall be solely and completely responsible for the safety of all persons and property associated with its use of the Gymnasium Facility, and all materials, equipment, and supplies provided by City during said use shall fully conform to all applicable Law.
8. Maintenance and Repairs; Custodial Obligations.
a. At the end of each day of City use, the City shall be responsible for leaving the Gymnasium Facility in a safe, clean, and hygienic condition, which shall include, at a minimum, ensuring that all rubbish is placed in trash containers and/or dumpsters; sweeping or dust mopping the floors; and removing all equipment and personal property from the Gymnasium Facility.
b. Except as provided in subsection (a), above, District shall be responsible for custodial obligations related to maintaining the Gymnasium Facility and surrounding areas, which shall include: keeping all floors and walkways swept and clear of debris; 6 cleaning and disinfecting the Gymnasium Facility and surrounding areas; and maintaining the Gymnasium Facility in a neat, orderly, and sanitary condition. c. Except for maintenance or repair necessitated by the negligence or misconduct of City or anyone using the Gymnasium Facility during periods of City use, District shall be solely responsible, at its own cost and expense, for any maintenance, repair, replacement, and upkeep for interior and exterior of the following systems, equipment or elements: heating, ventilating, and air conditioning system (“HVAC”), plumbing, interior and exterior lighting, interior and exterior fixtures, interior walls, roof, ceilings, floors and flooring, windows, interior and exterior doors, signage, any foundation or exterior surface, and gym equipment and bleachers.
9. Operations & Maintenance Funding. The District and the City shall budget for and expend any moneys necessary and appropriate to the performance of operations and maintenance of the Gymnasium Facility. The District and the City shall each pay a proportionate share of the maintenance costs for the facility, including utilities, based upon actual usage. The City shall make reimbursement to the District when presented with an itemized invoice from the District showing the actual expenditures. The District shall present such an invoice annually following the close of each fiscal year (June 30), and the City shall make payment within sixty (60) days from the date of presentation.
10. Capital Improvement Funding. The District shall be responsible, at its own cost and expense, for all capital improvements and major deferred maintenance projects, including but not limited to, roof replacement and repair, and HVAC system replacement and repair. The City shall not be required to contribute to the “sinking fund” account maintained by the District for the purpose of undertaking major capital building repairs or improvements. This clause applies retroactively to the commencement of the Prior Agreement for all costs incurred under Section 6 of the Prior Agreement.
11. Alterations and Improvements. The City shall not make any alterations or improvements to the Gymnasium Facility without prior written consent from the District.
12. Equipment and Materials.
The cost for repair or replacement of fixed asset equipment such as volleyball standards, basketball standards, speakers and other installed items of the like shall be split equally between district and city. The cost for all other miscellaneous equipment such as balls, rackets, nets, scoreboard controls and the like, required as part of programmed activities, shall be paid for separately by district and city.
13. Damage or Destruction of District Property. The City shall be responsible for the cost of repair and/or replacement of any District property or any portion of the Gymnasium Facility that is lost, damaged or destroyed during and/or as a result of the City’s use of the Gymnasium Facility, normal wear and tear excepted. The City shall promptly notify the District upon the City’s actual knowledge of any loss, damage, or destruction of District property or the Gymnasium Facility.
7 14. Indemnification.
a. To the fullest extent permitted by law, the City shall defend, indemnify, and hold the District, its Board of Trustees and each member thereof, and its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys’ fees or claims (“Claims”), for any injury to or death of any person, loss or damage to property and any other loss or damage arising out of resulting from City’s and its employees’, agents’, contractors’, and invitees’ access to, occupancy or use of the Gymnasium Facility for City Recreation or the City’s performance its duties and obligations under this Agreement. The City’s indemnity obligations hereunder shall not apply to Claims which are caused by the sole negligence or willful misconduct of the District, its officials, agents, employees, contractors, and invitees. The City’s indemnity obligations shall survive expiration or earlier termination of this Agreement.
b. To the fullest extent permitted by law, the District shall defend, indemnify, and hold the City, its City Council and each member thereof, and its officers, employees and agents, harmless from and against any and all Claims, for any injury to or death of any person, loss or damage to property and any other loss or damage arising out of or resulting from the District’s performance of its duties and obligations under this Agreement. The District’s indemnity obligations hereunder shall not apply to Claims which are caused by the sole negligence or willful misconduct of the City, its officials, agents, employees, contractors, and invitees. The District’s indemnity obligations shall survive expiration or earlier termination of this Agreement.
15. Insurance. Each Party, at its sole cost and expense, shall carry commercial policies of insurance, or self-insure, its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for comprehensive general liability, which will insure the District or the City, as applicable, against liability for injury or death of persons and damage to property or the Gymnasium Facility, as applicable.
Each policy shall be for not less than $2,000,000 per occurrence and $4,000,000 aggregate, and not less than $2,000,000 for property damage and shall be maintained on an occurrence basis. Each Party agrees to provide the other Party proof of such coverages, naming the other Party as “additional insured” and shall also provide thirty (30) days’ advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.
Failure to maintain insurance as required in this Agreement is a material breach and may be grounds for termination of the Agreement. The City shall require any third party nonemployee provider of services for recreational programs operated at the Gymnasium Facility to obtain insurance consistent with these requirements (or, with respect to comprehensive general liability insurance, $1,000,000 per occurrence and $2,000,000 aggregate, provided that the District agrees) and name the District as an additional insured on such policies. 8 16. Termination.
a. Either Party may terminate this Agreement for “Cause.” “Cause” shall consist of a breach of any material provision of this Agreement, and the failure of the breaching Party to cure the breach within thirty (30) days of being notified of the breach, or, if the breach is not reasonably correctable within such thirty (30) days, failure to commence and prosecute diligently to completion reasonable steps towards correction of such breach. Such a termination shall become effective immediately upon the giving of written notice to the breaching Party, which notice may be given in the event of an uncured breach.
17. Dispute Resolution. In the event of a dispute between the Parties concerning this Agreement, the Parties shall use their best efforts in good faith to mutually resolve any disputes which may arise between the Parties. If the Parties cannot reach a resolution, the Parties shall, as a condition precedent to initiating any litigation against any other Party, attempt in good faith to settle the dispute through non-binding mediation. The Parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. The Parties to the mediation shall pay equal shares of the mediator’s fees. Each Party shall bear its own attorney’s fees related to the mediation. If the Parties are unable to resolve the dispute through non-binding mediation, each Party may pursue its legal rights and remedies through any other legally permissible means, but no Party may pursue any such legal remedy unless and until the Parties have engaged in at least one session of non-binding mediation.
18. Miscellaneous.
a. Entire Agreement; Prior Agreements and Understandings. This Agreement, including all documents incorporated herein by reference, comprises the entire agreement and understanding between the Parties concerning the subject matter hereof. This Agreement supersedes all prior negotiations, agreements and understandings regarding the subject matter hereof, whether written or oral, including without limitation the Prior Agreement.
b. Amendment. This Agreement may be amended only in writing signed by both the City and the District. The City Council and the District Board of Trustees must approve this Agreement and any amendments or modifications thereto before any amendments and/or modifications become effective.
c. Governing Law; Venue. This Agreement shall be governed by and interpreted under the laws of the State of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships exclusively within the State of California. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for San Mateo County, subject to motion for transfer of venue. d. Severability. If any provision of this Agreement is held invalid, void or unenforceable by a court of competent jurisdiction, but the remainder of the 9 Agreement can be enforced without failure of material consideration to any Party, then this Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the Parties; provided, however, that if the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, then the Party adversely affected thereby shall have the right in its sole discretion to terminate this Agreement upon providing written notice of such termination to the other Party. e. Successors and Assigns. The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the successors and permitted assigns of the respective Parties; provided, however, that neither Party shall have the right to assign its rights or obligations under this Agreement without express written approval of the other Party.
f. No Property Interest Created. This Agreement does not create any interest for the City in the Gymnasium Facility, or any property owned or maintained by the District and is not coupled with any property interest or other interest. Title to the Gymnasium Facility is deemed to be fully vested in the District.
g. Waiver. No waiver of default in any of the terms, covenants, or conditions in this Agreement shall be a waiver of any subsequent default of the same or any other terms, covenants or conditions herein contained.
h. Future Assurances. Each of the Parties agrees to execute such further documents and take such further actions as may be reasonably necessary or appropriate to effectuate the terms of this Agreement.
i. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement. Facsimile signature pages transmitted to other Parties to this Agreement shall be deemed equivalent to original signatures on counterparts.
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j. Warranty of Authority. Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the Party indicated, and each of the Parties by signing this Agreement warrants and represents that such Party is legally authorized and entitled to enter into this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the latest date written below.
CITY OF SAN MATEO SAN MATEO UNION HIGH SCHOOL
DISTRICT
_______________________________ _______________________________ By: Alex Khojikian By:
Title: City Manager Title:
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________________ _______________________________ By: Prasanna W. Rasiah By:
Title: City Attorney Title:
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EXHIBIT A
Description of Gymnasium Facility
Location. The Gymnasium Facility is located on the School Site at San Mateo High School, 506 N. Delaware Street, San Mateo, California 94401.
Description. The Gymnasium Facility, also known as the Main Gym or Community Gym, is a joint-use facility of the District and the City that opened in 2002. It consists of the main gymnasium, along with the Dance Room, Wrestling Room, parking, lobby, office space, storage, and restrooms, as referenced in Section 2 of this Agreement.
The main gymnasium court is marked for basketball, volleyball, and badminton, and has a seating capacity of 1,700.