Agenda packet — Union City City Council, December 6, 2022

NOTICE AND AGENDA

CITY OF UNION CITY

CITY COUNCIL /

SPECIAL MEETING
Tuesday, December 6, 2022
6:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
This meeting will also be held via teleconference.

Please click the link below to join the webinar:
https://unioncity-org.zoom.us/j/83495459703?
pwd=cXhVam9abEEyWkZtT0ZHeFFqV0l3dz09
Passcode: .@rDKd9J
Or Telephone:

Dial +1 408 638 0968
Webinar ID: 834 9545 9703
Passcode: 01251386

1. CALL TO ORDER

1.a. Roll Call

2. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda

3. CITY MANAGER REPORTS

3.a. Adopt A Resolution Declaring Portions Of City-Owned Properties As Exempt Surplus Lands Pursuant To
Government Code Section 54221(F)(1)(D); And Adopt A
Resolution Approving A Land Exchange Agreement, A Master Joint Use Agreement And Joint Use Agreements For Pioneer Park, Shorty Garcia Park, James Logan Tennis Center, Dan Oden Swim Complex And For The Use Of Buses With New
Haven Unified School District

4. ADJOURNMENT
/s/ Carol Dutra-Vernaci
Carol Dutra Vernaci
Mayor
Agenda Item
DATE: 12/6/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION DECLARING PORTIONS OF CITY-OWNED

PROPERTIES AS EXEMPT SURPLUS LANDS PURSUANT TO
GOVERNMENT CODE SECTION 54221(f)(1)(D); AND ADOPT A

RESOLUTION APPROVING A LAND EXCHANGE AGREEMENT, A

MASTER JOINT USE AGREEMENT AND JOINT USE AGREEMENTS

FOR PIONEER PARK, SHORTY GARCIA PARK, JAMES LOGAN TENNIS

CENTER, DAN ODEN SWIM COMPLEX AND FOR THE USE OF BUSES

WITH NEW HAVEN UNIFIED SCHOOL DISTRICT
Staff and the City Attorney’s Office recommend that the City Council adopt a Resolution approving a Land Exchange Agreement with the New Haven Unified School District (the “District”) and Joint Use Agreement for various properties that are jointly used by the City and the District.

Prior to approving the Land Exchange Agreement, the City is required to declare the properties to be transferred to the District as exempt surplus lands under the California Surplus Lands Act. Staff and the City Attorney’s Office recommend that the City Counciladopt a necessary resolution to effectuate this.

BACKGROUND
The Surplus Land Act, codified in California Government Code Section 54220 et seq., (“SLA”) requires that a localagency’s governing body take formalaction in a regular public meeting declaring that the land that is not necessary for the agency’s use be declared as “surplus land” or “exempt surplus land.” Land that is being transferred to another localagency for that agency’s use is defined as exempt surplus land under the SLA.

The City is intending to complete three actions as part of the Land Exchange Agreement. The first action is a lot line adjustment on City property known as Pioneer Park that is also occupied by Pioneer Elementary School (see Exhibit Titled “Pioneer Park”). The result of the recordation of the lot line adjustments and associated documents is that an approximately 5-acre portion of the City-owned land will be transferred to the New Haven Unified School District (the “District”) for Pioneer Elementary School. The second action is that the City will transfer to the District a City-owned 0.73 acre parcel at Guy Emanuel Elementary School that is located near the corner of Decoto Road and Mission Boulevard (see Exhibit Titled “Guy Emanuel”). The third action is that the District has agreed to record a new parcel map for the City at Itliong Vera Cruz Middle School, the result of which will be to transfer approximately 2 acres of property where Holly Community Center and Fire Station 32 are located from the District to the City (see Exhibit Titled “IVC”). The City and the District have negotiated a Land Exchange Agreement to effectuate the exchange of the properties between the City and the District, and joint use agreements to set forth certain conditions related to the joint use and maintenance of the District property and City property at Shorty Garcia Park and Pioneer Park.

The District and the City have also negotiated joint use agreements for the City’s use of the James Logan High School Tennis Complex, the Dan Oden Swim Complex and Buses, all of which are owned by the District.

DISCUSSION
Land Exchange Agreement, JUAs for Shorty Garcia Park and Pioneer Park As described above, the City and the District intend to exchange certain lands located on each other’s adjacent properties. Pursuant to the SLA, the transfer of City owned property to another local agency for use by that localagency can be declared exempt surplus land. The City must make that finding by resolution and send the resolution to the California Department of Housing and Community Development at least 30 days prior to closing on the transfer of the property. The resolution declaring the property exempt surplus land must be adopted prior to the resolution approving the Land Exchange Agreement.

Both the City and the District regularly use Shorty Garcia Park, which is adjacent to Guy Emanuele School, and Pioneer Park, which is adjacent to Pioneer Elementary School. Facilities used include both parking facilities, playground equipment, and the park grounds. The joint use agreements that have been negotiated for Shorty Garcia Park and Pioneer Park set forth the joint use and payment for maintenance for the City and the District for facilities that are owned by the District and used by the City and for City facilities that are owned by the City and used by the District.

Master JUA, JUA’s for Tennis and Swim Complexes and JUA for Buses The Master JUA sets forth certain terms that apply to all of the joint use agreements, such as the designated contact person for each party and terms related to promotional material.

The District owns the James Logan Tennis Complex, the Dan Oden Swim Complex and school buses.

During the summer, the City uses the Tennis Complex and the Swim Complex for certain park and recreation programs, and occasionally uses District owned buses for transportation for park and recreation programs.

The joint use agreements for the Tennis and Swim Complexes set forth formulas for the payment of costs associated with the City’s use of those facilities, as well as the facilities that the City is permitted to use within the complexes. The joint use agreement for buses sets forth the City’s requirements for insurance, maintenance and payment of a fee for the use of the District’s buses.

FISCAL IMPACT
The City will need to pay for its escrow costs and fees at closing on the Land Exchange Agreement, estimated not to exceed Five Thousand Dollars ($5,000). There may also be associated costs for the creation of final maps and engineering documents. These costs will be shared with the District. The City is currently paying for maintenance and use costs at the District facilities. Any increase going forward will be directly related to increase in costs related to utilities and janitorial services related to the City’s use.

RECOMMENDATION
Staff and the City Attorney’s Office recommend that the City Council adopt the resolutions declaring certain City property as exempt surplus land and approving the Land Exchange Agreement and the Joint Use Agreements.

The adoption of the resolutions is not the final step in the process for the land exchange or the Joint Use Agreement. The Joint Use Agreement and the Land Exchange Agreement also must be approved by the School Board. In addition, the District will need to prepare and complete a parcel map for the Itliong Vera Cruz Middle School that will identify the property to be transferred to the City. The parcel map must be approved by the Planning Commission. Once these steps are completed, all of the land exchange actions will take place at the same time, including 1) the lot line adjustment and property transfer at Pioneer Park/Pioneer Elementary School, 2) the property transfer at Guy Emanuele Elementary School/Shorty Garcia Park, and 3) the property transfer at Itliong Vera Cruz Middle School/Holly Center and Fire Station 32.

The Joint Use Agreements can be signed and become effective upon approval by the School Board, independent of the land exchange actions.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Resolution Declaring Land Exempt Surplus Resolution
Resolution Authorizing Agreements Resolution
Land ExchangeAgreement Attachment
Master JUA Attachment
JUA Pioneer Park Exhibit Exhibit
JUA Shorty Garcia Exhibit Exhibit
JUA Tennis Exhibit Exhibit
JUA SwimExhibit Exhibit
JUA Bus Exhibit Exhibit
Pioneer Park Exhibit
Guy Emanuele Exhibit
IVC Exhibit
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

DECLARING A PORTION OF CITY-OWNED PROPERTY EXEMPT SURPLUS LANDS PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(D)
WHEREAS, the Surplus Land Act, codified in California Government Code Section 54220 et seq., (“SLA”) defines “surplus land” as land owned in fee by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is “surplus land” and is not necessary for the agency’s use; and
WHEREAS, surplus property that the City is transferring to another local necessary for the local agency’s use may be declared “exempt surplus land” under California Government Code Section 54221(f)(1)(D) and the City has determined that the City Property (defined below) is exempt surplus land because it will be transferred to the New Haven Unified School District (the “District”) for the District’s use in exchange for property necessary for the City’s use; and WHEREAS, the City of Union City (the “City”) is the fee owner of certain real property adjacent to Guy Emanuel School, known as Assessor Parcel Numbers 87-21-14-4 located in the City (the “Shorty Garcia Park Property”); and
WHEREAS, the City desires to transfer 0.729 acres of the Shorty Garcia Park Property (the “Shorty Garcia Park Transfer Property”) to the District pursuant to a lot line adjustment; and WHEREAS, the City is also the owner of certain property located adjacent to Pioneer Elementary School known as Assessor Parcel Numbers 543-423-1 and 543-433-1 located in the City (the “Pioneer Park Property”); and
WHEREAS, the City desires to transfer 5.375 acres of the Pioneer Park Property (the “Pioneer Park Transfer Property”) to the District pursuant to a lot line adjustment; and WHEREAS, The Shorty Garcia Park Transfer Property and the Pioneer Park Transfer Property are collectively referred to herein as the “City Property”; and WHEREAS, the City desires to have the City Property declared exempt surplus land in compliance with the Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find that the foregoing recitals are true and correct and incorporated herein by reference.

BE IT FURTHER RESOLVED that the City Council hereby finds and declares that the City Property is exempt surplus land under Gov. Code section 54221(f)(1)(D).

BE IT FURTHER RESOLVED that the declaration of the City Property as “exempt surplus land” is exempt from environmental review under the California Environmental Quality Act. 5239191.1
RESOLUTION NO. XXXX-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING A LAND EXCHANGE AGREEMENT, A MASTER JOINT USE AGREEMENT

AND JOINT USE AGREEMENTS FOR PIONEER PARK, SHORTY GARCIA PARK, JAMES

LOGAN TENNIS CENTER, DAN ODEN SWIM COMPLEX AND FOR BUSES WITH

NEW HAVEN UNIFIED SCHOOL DISTRICT
WHEREAS, the City of Union City (the “City”) is the fee owner of certain real property adjacent to Guy Emanuele School, known as Assessor Parcel Numbers 87-21-14-5 located in the City (the “Shorty Garcia Park Property”); and
WHEREAS, the City desires to transfer 0.729 acres of the Shorty Garcia Park Property (the “Shorty Garcia Park Transfer Property”) to New Haven Unified School District (the “District”) pursuant to a lot line adjustment; and
WHEREAS, the City is also the owner of certain property located adjacent to Pioneer Elementary School known as Assessor Parcel Numbers 543-423-1 and 543-433-1 located in the City (the “Pioneer Park Property”); and
WHEREAS, the City desires to transfer 5.375 acres of the Pioneer Park Property (the “Pioneer Park Transfer Property”) to the District pursuant to a lot line adjustment; and WHEREAS, the District is the fee owner of certain real property (the “Itliong Vera Cruz School Property”) located in the City, known as Assessor Parcel Number 483-20-17-5; and WHEREAS, District desires to transfer 2.01 acres of the Itliong Vera Cruz School Property to City (the “District Property”), through the creation of a new parcel and recordation of a tentative parcel map; and
WHEREAS, the City and the District have negotiated a Land Exchange Agreement (the “Land Exchange Agreement”), pursuant to which the City will transfer the Pioneer Park Transfer Property and the Shorty Garcia Transfer Property to the District and the District will transfer the District Property to the City, substantially in the form on file with the City Clerk; and WHEREAS, the City and the District desire to enter into joint use agreements for the use and maintenance of the Pioneer Park Transfer Property and the Shorty Garcia Transfer Property and have negotiated a master joint use agreement (the “Master JUA”), a joint use agreement for the Shorty Garcia Transfer Property (the “Shorty Garcia JUA”) and a joint use agreement for the Pioneer Park Transfer Property (the “Pioneer Park JUA”), substantially in the form on file with the City Clerk; and WHEREAS, the City and the District also desire to enter into joint use agreements for the use and maintenance of the James Logan High School Tennis Complex, the Dan Oden Swim Complex and for school buses and have negotiated a joint use agreements for each (respectively, the “Tennis JUA,” the “Swim JUA” and the “Bus JUA”), substantially in the form on file with the City Clerk; and WHEREAS, the City finds that the transactions contemplated hereby further the health, safety and welfare of the City’s residents and are in conformity with the City’s municipal code.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find that the foregoing recitals are true and correct and incorporated herein by reference.

BE IT FURTHER RESOLVED that the City Council hereby approves the Land Exchange Agreement, the Master JUA, the Shorty Garcia JUA, the Pioneer Park JUA, the Tennis JUA, the Swim JUA and the Bus JUA (collectively the “Agreements”).

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreements, with such changes that are approved by the City Attorney and to take all actions and to execute all other documents necessary to carry out the intent of this Resolution. 5238638.1
1 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022

LAND EXCHANGE AGREEMENT
THIS LAND EXCHANGE AGREEMENT (this “Agreement”) is entered into as of _____________, 2022 (“Effective Date”) by and between the City of Union City, a California municipal corporation (“City”) and New Haven Unified School District, a California public school district (“District”). City and District are hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS
A. City is the fee owner of certain real property adjacent to Guy Emanuel School, known as Assessor Parcel Numbers 87-21-14-4 located in the City (the “Shorty Garcia Park Property”), as depicted on Exhibit A attached hereto and incorporated herein by this reference.

B. City desires to transfer 0.729 acres of the Shorty Garcia Park Property (the “Shorty Garcia Park Transfer Property”) to District pursuant to a lot line adjustment (the “Shorty Garcia Park Lot Line Adjustment”), as more particularly described in Exhibit B attached hereto and incorporated herein by this reference and as depicted on Exhibit C attached hereto and incorporated herein by this reference.

C. City is also the owner of certain property located adjacent to Pioneer Elementary School known as Assessor Parcel Numbers 543-423-1 and 543-433-1 located in the City (the “Pioneer Park Property”), as depicted on Exhibit D attached hereto and incorporated herein by this reference.

D. City desires to transfer 5.375 acres of the Pioneer Park Property (the “Pioneer Park Transfer Property”) to District pursuant to a lot line adjustment (the “Pioneer Park Lot Line Adjustment”), as more particularly described in Exhibit E attached hereto and incorporated herein by this reference and as depicted on Exhibit F attached hereto and incorporated herein by this reference.

E. The Shorty Garcia Park Transfer Property and the Pioneer Park Transfer Property are collectively referred to herein as the “City Property.” F. District is the fee owner of certain real property (the “Itliong Vera Cruz School Property”) located in the City, known as Assessor Parcel Number 483-20-17-5, a portion of which is depicted on Exhibit G attached hereto and incorporated herein by this reference.
2 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
G. District desires to transfer 2.01 acres of the Itliong Vera Cruz School Property to City (the “District Property”), through the creation of a new parcel and recordation of a tentative parcel map, as more particularly described in Exhibit H attached hereto and incorporated herein by this reference and as depicted on Exhibit I attached hereto and incorporated herein by this reference.

H. Based on the above, the City will transfer a total of 6.104 acres to the District and the District will transfer a total of 2.01 acres to the City, for a net transfer of

4.094 from the City to the District as consideration for this Agreement.

I. The City Property and the District Property are exempt surplus land under Government Code Section 54221(f)(1)(D).

J. City has determined that the disposition of the City Property pursuant to this Agreement is consistent with the City’s General Plan.

K. City finds that the transactions contemplated hereby further the health, safety and welfare of the City’s residents and are in conformity with the City’s economic development plans and municipal code.

L. California Education Code Section 17536 et seq. provides that the governing board of a school district, upon a two-thirds vote of its members, may exchange any of its real property for real property of another person upon such terms and conditions as the parties thereto may agree, without complying with any provisions in the Education Code except as provided for in this article.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Recitals. The Parties acknowledge that the foregoing recitals are true and correct and are incorporated herein by this reference.

2. City Conveyance to District.

2.1 City Conveyance. Subject to satisfaction of the conditions precedent set forth in this Section, City shall convey to District and District shall accept from City, the City Property in accordance with the terms, covenants and conditions set forth herein.

The conveyance of the City Property from City to District shall be accomplished by recordation of (i) certificates of the City Engineer for the Shorty Garcia Park Lot Line Adjustment and the Pioneer Park Lot Line Adjustment, and (ii) grant deeds, substantially in the form attached hereto as Exhibit J (“City Grant Deed”). 3 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022

2.2 Conditions Precedent. Notwithstanding anything to the contrary set forth herein, City’s conveyance of the City Property to District is expressly conditioned upon satisfaction of the following conditions (“City Conditions Precedent”):
(i) receipt of all governmental approvals necessary to deliver the City Property, if any;
(ii) review and approval of the property during the Due Diligence Period (defined in Section 9. Below); and
(iii) removal or waiver of any exceptions to title.

3. District Conveyance to City.

3.1 District Conveyance. Subject to satisfaction of the conditions precedent set forth in this Section, District shall convey to City and City shall accept from District, the District Property in accordance with the terms, covenants and conditions set forth herein. The conveyance of the District Property from District to City shall be accomplished by (i) recordation of Vesting Tentative Parcel Map, substantially in the form attached hereto as Exhibit H (“Parcel Map”) and (ii) recordation of a grant deed from the District to the City, substantially in the form attached hereto as Exhibit K (“District Grant Deed”).

3.2 Conditions Precedent. Notwithstanding anything to the contrary set forth herein, conveyance of the District Property to the City is expressly conditioned upon satisfaction of all the following conditions (“District Conditions Precedent”):
(i) receipt of all governmental approvals necessary to deliver the District Property, including Board approval pursuant to California Education Code Section 17537, Board approval designating the District’s Property as Exempt Surplus Land under Government Code section 54221, and approval from the Department of Housing and Community Development designating the District Property as Exempt Surplus Land;
(ii) review and approval of the property during the Due Diligence Period; and
(iii) removal or waiver of any exceptions to title.

3.3 Itliong Vera Cruz Utilities. The Parties acknowledge and agree that, in furtherance of the District’s transfer of the 2.01 acre District Property to the City (as described in Recital G), the utilities underlying the Itliong Vera Cruz School Property may need to be included within an easement, which may be called out in the Parcel Map, along with other easements, such as a reciprocal access and parking easement, 4 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
in furtherance of the transfer to the City. The Parties hereby agree to negotiate, enter into further agreements, or take other actions as may be necessary to address any sharing of the utilities.

4. Purchase Price. The consideration for the City Property and the District Property consists of the benefit that the City and the District will receive from the exchange of the properties. There is no further consideration.

5. Closing.

5.1 Escrow; Escrow Instructions. The City and the District have opened an escrow with Chicago Title Company, 1200 Concord Ave., Concord, CA 94520, attention Laurie Balding-Smith (“Title Company” or “Escrow Agent”) Order No. 36303019-363- LB-KD. Upon execution of this Agreement, the Parties shall deposit with the Escrow Agent a copy of this Agreement, which together with such additional instructions as may be executed by either Party and delivered to the Escrow Agent, shall serve as the escrow instructions of District and City for the conveyance of the District Property to City and the conveyance of the City Property to District.

5.2 Close of Escrow; Closing Costs. Each Party shall pay the cost of any title insurance such Party elects to purchase with respect to the property to be acquired by such Party pursuant to this Agreement. District and City shall each pay one-half (1/2) of all other closing costs and escrow fees (including without limitation recording fees, escrow charges, real estate transfer taxes, and documentary transfer taxes) associated with the close of escrow for the conveyance of the District Property to City (“City Close of Escrow”) and the conveyance of the City Property to District (“District Close of Escrow”).

5.3 Closing; Documents and Funds; Timing. Provided that the conditions set forth in Section 2 and Section 3 have been satisfied, and neither Party has terminated this Agreement prior to the end of the Due Diligence Period, the City Close of Escrow and District Close of Escrow shall take place as soon as practicable following the deposit into escrow of all the documents described in this Section (each, a “Closing Date”). The Parties each agree that they shall not unreasonably condition, delay, or withhold consent to an extension of either Closing Date.

A. District Close of Escrow. Not later than _____________, 2022, the Parties shall deposit the following documents into escrow:
(i) City shall deposit the certificate of the City Engineer for the Shorty Garcia Park Lot Line Adjustment;
(ii) City shall deposit the certificate of the City Engineer for the Pioneer Park Lot Line Adjustment;
5 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
(iii) District shall deposit a duly executed and acknowledged Certificate of Acceptance for the City Property, substantially in the form attached to Exhibit J; (iv) City shall deposit the fully-executed City Grant Deeds substantially in the form attached hereto as Exhibit J sufficient to convey good and marketable fee simple title of City Property to the District free of all title defects and encumbrances except the Permitted Exceptions (as defined in Section 8); (v) City and District shall each deposit into escrow their respective share of closing costs as set forth in Section 5.2;
(vi) City and District shall each deposit such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the conveyance of the City Property to District.

B. City Close of Escrow. Not later than _____________, 2022, the Parties shall deposit the following documents into escrow:
(i) City and District shall deposit the Parcel Map, duly executed by all parties;
(ii) City shall deposit a duly executed and acknowledged Certificate of Acceptance for the District Property, substantially in the form attached to Exhibit K; (iii) District shall deposit a fully-executed District Grant Deed substantially in the form of Exhibit K sufficient to convey to City good and marketable fee simple title to the District Property free of all title defects and encumbrances except the Permitted Exceptions (as defined in Section 8);
(iv) City and District shall each deposit into escrow the amount necessary to pay the their respective share of closing costs as set forth in Section 5.2; and (v) City and District shall each deposit such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the conveyance of the District Property to City.

5.5 Prorations. In connection with the conveyance of the District Property to City and the City Property to District, the Escrow Agent shall make the following prorations: (i) property taxes and assessments shall be prorated as of the Closing Date based upon the most recent tax bill available, including any property taxes which may be assessed after the Closing Date but which pertain to the period prior to the transfer of title, regardless of when or to whom notice thereof is delivered; (ii) any bond or assessment that constitutes a lien on the District Property on the Closing Date shall be 6 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
assumed by City and any lien on the City Property shall be assumed by District (provided however, it shall be a condition to Closing that any such bond or assessment be paid current by each Party). Any utility and sewer service charges shall be prorated as of the respective Closing Date. City and District do not pay ad valorem property taxes.

The Escrow Agent shall close escrow for the conveyance of the District Property to City and the City Property to the District by:

(i) recording the Parcel Map in the official records of Alameda County; (ii) recording the District Grant Deed in the official records of Alameda County;
(iii) recording the certificate of the City Engineer for the Shorty Garcia Park Lot Line Adjustment in the official records of Alameda County; (iv) recording the City Grant Deed for the Shorty Garcia Park Transfer Property in the official records of Alameda County;
(v) recording the certificate of the City Engineer for the Pioneer Park Lot Line Adjustment in the official records of Alameda County; (vi) recording the City Grant Deed for the Pioneer Park Transfer Property in the official records of Alameda County;
(vii) issuing the Title Policies (defined in Section 7) for the District Property and the City Property and delivering the Title Policies to City and District, respectively;
(viii) delivering to City and District conformed copies of the certificates of the City Engineer and the Parcel Map, indicating recording information thereon; and (ix) delivering to City and District conformed copies of the grant deeds for the City Property and the District Property, indicating recording information thereon.

On each respective Closing Date, possession of the District Property shall be delivered to City and possession of the City Property shall be delivered to the District.

6. Title Documents. No later than ten (10) business days following the Effective Date, each Party shall deliver or cause to be delivered to the other Party an updated title report for its Property (“Preliminary Report”) setting forth all liens, encumbrances, easements, restrictions, conditions, and other matters of record affecting title to that Property (“Title Exceptions”) together with copies of all instruments referred to therein. 7 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Each Party shall provide written approval or disapproval of each Title Exception within thirty (30) days following receipt of the Preliminary Report and documents relating to the Title Exceptions. Upon failure to object within such period, any Title Exceptions that are not disapproved shall be deemed to be Permitted Exceptions (as defined in Section 8).

If either Party objects to any Title Exception, the other Party shall use its best efforts at its sole expense to remove from title or otherwise satisfy each such exception in a form that is reasonably satisfactory to the requesting Party within thirty (30) days following the date that the objecting Party objects to such exception.

7. Title Policy. It shall be a condition to the close of escrow that Title Company shall deliver to the each Party, no later than seven (7) days prior to each Closing Date, a title commitment for a CLTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in an amount to be determined by the Parties, showing title to each Property, subject only to the Permitted Exceptions (as defined in Section 8), including such endorsements as may reasonably be requested by each Party and committing Title Company to issue each Title Policy to its respective Party upon the Close of Escrow.

Either Party may, at its option, pay any costs for obtaining or updating any ALTA survey.

Each Party shall be solely responsible for any extended ALTA owner’s coverage under the Title Policy on the Property is it purchasing; provided, however, that Each Party shall obtain and pay for any endorsements which are required by the Title Company in order to satisfy their obligations under this Agreement with respect to the Title Policy. All other costs and expenses, if any, shall be paid in accordance with the customary practices in Alameda County. If Escrow fails to close and neither Party is then in default, City and District shall share equally all of Escrow Agent’s and Title Company’s fees and charges. All other closing costs shall be borne in accordance with the Escrow Agent’s standard practice. In the event this Agreement is terminated as the result of a default by either Party, the defaulting Party shall pay all escrow and title cancellation fees.

8. Conveyance of Title. Each Party shall convey by grant deed to the other Party marketable fee simple title to its respective Property, free and clear of all recorded and unrecorded liens, encumbrances, restrictions, easements, and leases, except: (i) liens for nondelinquent general and special taxes, assessments and/or bonds; and (ii) such other conditions, liens, encumbrances, restrictions, easements and exceptions as approved in writing by City or District, as appropriate, or deemed approved by City or District, as appropriate, as provided in Section 6 (all of the foregoing, are collectively hereinafter referred to as the “Permitted Exceptions”).

9. Due Diligence.

9.1 Feasibility Studies. During the period commencing upon the Effective Date and terminating one hundred twenty (120) days thereafter (“Due Diligence Period”), City and District may undertake further inspection, review and testing of the 8 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
District Property and the City Property, respectively, including without limitation (i) a review of the physical condition of such property, including inspection and examination of soils, environmental condition, and archeological information relating to the property; (ii) completion of Phase I and Phase II, if required, environmental assessments; (iii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the property, and (iv) an evaluation of the property to determine its feasibility for the Party’s intended use. All of the foregoing is hereinafter collectively referred to as “Feasibility Studies.” The Parties may consult with or retain civil engineers, contractors, soils and geologic engineers, architects and other specialists in its investigation, and may consult with or retain other consultants to determine if the property is suitable for each Party’s intended use. Each Party shall bear the costs of its Feasibility Studies and consultations.

9.2 Contracts, Reports and Investigations. District and City each agree to make available within ten (10) business days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property such Party has agreed to convey pursuant to this Agreement which are in such Party’s possession or which are reasonably available to such Party, including without limitation any Phase I Environmental Site Assessments, surveys, studies, reports and investigations concerning the property’s physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Substances in, on or under the Property and its compliance with Environmental Laws (as defined in Section 13).

9.3 Termination. Either Party may terminate this Agreement prior to the end of the Due Diligence Period by written notice to the other Party.

10. Right of Entry. During the Due Diligence Period, each Party grants to the other and to the other Party’s agents and employees a right of entry, to enter the its Property upon reasonable notice for the purpose of inspecting, examining, surveying and reviewing such property in accordance with Section 9. Each Party’s inspection, examination, survey and review of such property shall be at such Party’s sole expense.

Each Party shall obtain the other Party’s advance consent to any proposed physical testing of the property, which consent shall not be unreasonably conditioned, withheld or delayed. Physical tests shall be scheduled during normal business hours unless otherwise approved by the owner of the property to be tested. Each Party agrees to indemnify the other Party and to hold the other Party harmless from and against all liability, loss, cost, damage and expense (including, without limitation, reasonable attorney's fees and costs of litigation) resulting from such Party’s activities pursuant to this Section. This Section will survive the expiration or termination of this Agreement and the Close of Escrows.

11. “As Is” Purchase. Except as otherwise specified in this Agreement, each Party agrees to accept the Property conveyed to it pursuant to this Agreement, including the 9 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
land, all buildings, structures, improvements, equipment, and operating systems located on or under the land “AS IS, WHERE IS” and in its current state and condition, without any warranties whatsoever regarding its condition except as specifically described in this Agreement, and with all faults and defects, including Hazardous Substances and any other environmental conditions or hazards, if any, that may be located on, under, or around the Property, whether known or unknown, suspected or unsuspected, actual or potential, and each Party assumes all responsibility for any such faults, defects, and conditions as of the City Close of Escrow and the District Close of Escrow.

12. Representations, Warranties, and Covenants.

12.1 Representations and Warranties. Each Party hereby represents, warrants, and covenants that except as disclosed in writing to the other Party, as of the Effective Date and as of the Close of Escrow: (i) no contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; (ii) Party knows of no pending actions, suits, condemnation or other proceedings against or affecting the Property or any portion thereof or the interest of Party in the Property; (iii) there are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Property or any portion thereof; (iv) Party knows of no receipt of notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are in violation of any Environmental Law; (v) Party has disclosed all material facts concerning the Property; and (vi) Party shall comply with all local entitlement processes.

12.2 Additional Representations. Each Party further represents and warrants that this Agreement and all other documents to which it is a party and delivered or to be delivered in connection herewith shall at the time of their delivery: (a) have been duly authorized, executed, and delivered; (b) be the binding obligations of that Party; (c) collectively be sufficient to transfer all of that Party’s right, title and interest in and to the Property; and (d) not be in violation of the provisions of any agreement to which Party is a party or which affects the Property. Each Party further represents and warrants that the persons who have executed this Agreement on behalf of that Party are authorized to do so, that it has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against the Party in accordance with its terms.

12.3 Covenants. Each Party covenants that from the Effective Date and through the Close of Escrow, it: (i) shall not willingly permit any liens, encumbrances, or easements to be placed on its Property other than Permitted Exceptions; (ii) shall not without the prior written consent of the other Party, enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on the other Party or the Property after the Close of Escrow; (iii) shall not permit any act of waste or act that would tend to diminish the value 10 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
of the Property for any reason, except that caused by ordinary wear and tear; and (iv) shall maintain the Property in its condition as of the date hereof, ordinary wear and tear excepted, and shall manage the Property substantially in accordance with established practices.

12.4 Notification. Each Party shall notify the other Party in writing of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. If either Party reasonably believes that any fact materially and adversely affects the Property, such Party shall have the option to terminate this Agreement within five (5) days of receipt of such material adverse information by delivering written notice thereof to other Party. In the event either Party elects to terminate this Agreement, all funds and documents deposited into escrow by or on behalf of each Party shall be returned to that Party, and all rights and obligations hereunder shall terminate.

13. Mutual Release & Indemnity. Each Party (i) releases and forever discharges the other Party from any and all claims and causes of action under or with respect to any Environmental Laws, including without limitation the California Hazardous Substance Account Act, California Health and Safety Code Section 25300 et seq., (including Section 25359.7), the Comprehensive Environmental Response, Compensation, and Liability Act, (“CERCLA”) Title 42 U.S.C. section 9601 et seq., the Resource Conservation and Recovery Act (“RCRA”) title 42 U.S.C. section 6901 et seq.; and the Clean Water Act, Title 33 U.S.C. section 2601 et seq., as these laws may be amended in the future; and (ii) agrees to defend (with counsel approved by both Parties, which approval will not be unreasonably withheld), indemnify, protect and hold the other Party free and harmless from any claim, liability, damages of any kind, attorneys’ fees, costs, etc. arising out of or resulting from the physical condition or use of the Property on or after Close of Escrow, including, without limitation, due to the presence of Hazardous Substances on the Property, as well as any claims or causes of action threatened or made by anyone relating to the condition or use of the Property, including, without limitation, third-party adjoining property owners, governmental agencies, or claims brought under Proposition 65, California Health and Safety Code Sections 25249.5- 25249.13.

13.1 “Hazardous Substances” means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a “hazardous substance”, “hazardous material”, “hazardous waste”, “extremely hazardous waste”, “infectious waste”, “toxic substance”, “toxic pollutant”, or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term “hazardous substances” shall also include asbestos or asbestos-containing materials, radon, methyl tertiary butyl ether, perchlorate, polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural 11 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
gas liquids, liquefied natural gas, and synthetic gas usable as fuel, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws.

13.2 “Environmental Laws” means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Substances, or the protection of the environment or human, plant or animal health.

14. Miscellaneous Provisions.

14.1 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant hereto shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice shall be deemed delivered upon receipt;
(ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered two (2) business days after deposit, postage prepaid in the United States mail;
(iii) nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) day after deposit with such courier; or (iv) facsimile transmission, in which case notice shall be deemed delivered on transmittal, provided that a transmission report is generated reflecting the accurate transmission thereof.

To District: New Haven Unified School District
34200 Alvarado-Niles Road
Union City, CA 94587
Attn: Superintendent
To City: City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Attn: City Manager
12 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
To Escrow : Chicago Title Company
1200 Concord Ave., #400
Concord, CA 94520
Attn: Laurie Balding-Smith

14.2 Attorneys’ Fees. In any action at law or in equity, arbitration or other proceeding arising in connection with this Agreement, the prevailing party shall recover reasonable attorneys’ fees and other costs, including but not limited to court costs and expert and consultants fees incurred in connection with such action, in addition to any other relief awarded.

14.3 Escrow Cancellation Charges. If the escrow fails to close by reason of a default by District or City hereunder, such defaulting party shall pay all escrow or other Title Company charges. If the escrow fails to close for any reason other than default by District or City, then District and City shall each pay one-half of such charges.

14.4 Amendments; Assignment. This Agreement may be amended only by a written instrument executed by the Parties hereto or their successors in title.

14.5 Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby.

14.6 Waiver. A waiver by either Party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant or condition, nor shall the delay or forbearance by either Party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.

14.7 Default and Remedies. An event of default (“Default”) under this Agreement shall occur if either Party fails to comply with any of such Party’s covenants or obligations set forth herein and does not cure such failure within ten (10) days after receipt of written notice thereof (or in the case of a non-monetary default, fails to commence to cure such default within such 10-day period and fails to thereafter proceed with due diligence to cure such default.) Upon the occurrence of an event of default hereunder the Parties may pursue all remedies at law or in equity including the remedy of specific performance. The rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default.

14.8 Entire Agreement. This Agreement, together with Exhibits A through K which are hereby incorporated by reference, contains the entire agreement between the 13 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Parties with respect to the subject matter hereof, and supersedes all prior negotiations, documents and discussions pertaining thereto.

14.9 Binding Effect; Due Authorization. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the Parties hereto. Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired an interest in compliance with the terms of this Agreement, or under law.

14.10 Parties Not Co-Venturers; No Brokers. Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or principal and agent with one another. Each Party hereby represents and warrants to the other Party that it has retained no broker or other party to whom a commission or finder’s fee is due with respect to the transactions contemplated hereby. Each Party agrees to defend, indemnify, and hold the other Party harmless from and against all claims, losses, costs, expenses and liabilities arising in connection with a breach of this representation and warranty by the indemnifying Party. The terms of this Section shall survive the expiration or earlier termination of this Agreement and shall survive Close of Escrow.

14.11 No Third Party Beneficiaries. Nothing contained in this Agreement is intended by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or be entitled to damages for any breach by District or City of any of the provisions of this Agreement.

14.12 Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

14.14 Further Assurances. The Parties each agree to execute, acknowledge and deliver to the other such other documents and instruments, and to undertake such actions, as either shall reasonably request or as may be necessary to carry out the intent of this Agreement.
14 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022

14.15 Governing Law; Time is of the Essence. This Agreement shall be interpreted under and pursuant to the laws of the State of California without regard to principle of conflicts of laws. Time is of the essence and is a material term for all conditions and provisions contained in this Agreement.

14.16 No Merger; Survival of Representations. The obligations stated herein which are intended to operate after the Close of Escrow, including without limitation indemnification obligations, shall not merge with the transfer of title but shall remain in effect until fulfilled as provided herein. Without limiting the generality of the foregoing, the representations and warranties made by each Party shall survive Close of Escrow.

14.17 Indemnification. Each Party shall indemnify, defend and hold harmless the other Party and its respective boards, commissions, and elected and appointed officials, employees, agents and contractors (collectively “Indemnitees”) from and against all claims, actions, proceedings, demands, liabilities, judgments, losses, expenses (including reasonable attorneys’ fees and expenses) and costs (collectively “Claims”) arising out of or related to this Agreement including any claim, action or proceeding to attack, set aside, void or annul this Agreement or any part hereof. Each Party shall promptly notify the other Party of any such Claim. The provisions of this Section shall survive the expiration or termination of this Agreement and Close of Escrow.

14.18 Joint / Shared Use Agreements. The Parties intend to enter into multiple Joint and/or Shared Use Agreements related to the Shorty Garcia Park Property, Pioneer Park Property and Itliong Vera Cruz School Property (collectively “Joint Use Agreements”) that will set forth the Parties’ respective responsibilities related to the City Property and the District Property.

SIGNATURES ON FOLLOWING PAGE
15 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
IN WITNESS WHEREOF, the City and District have executed this Agreement as of the Effective Date first written above.

CITY OF UNION CITY
By: ________________________________
City Manager
Attest:

By: _______________________________
City Clerk
Approved as to Form:

By: ___________________________
City Attorney

NEW HAVEN UNIFIED SCHOOL DISTRICT
By: ________________________________
Its: _____________________________
SIGNATURES MUST BE NOTARIZED.
16 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ____________________)
On_____________ before me, _____________________________, Notary Public, , personally appeared,
_______________________________________________________________________, proved to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________
17 5129745.2
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________
Exhibit A
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit A
Depiction of Shorty Garcia Park Property
Exhibit B
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit B
Description of Shorty Garcia Park Lot Line Adjustment
Exhibit C
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit C
Depiction of Shorty Garcia Lot Line Adjustment
Exhibit D
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit D
Depiction of Pioneer Park Property
Exhibit E
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit E
Description of Pioneer Park Property Lot Line Adjustment Exhibit F
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit F
Depiction of Pioneer Park Property Lot Line Adjustment
Exhibit G
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit G
Depiction of Itliong Vera Cruz Property
Exhibit H
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit H
Itliong Vera Cruz Parcel Map
Exhibit I
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit I
Depiction of Itliong Vera Cruz Property – Aerial Map
Exhibit J
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit J
City Grant Deed & District Certificate of Acceptance
Exhibit K
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
Exhibit K
District Grant Deed & City Certificate of Acceptance
3215827.1
Land Exchange Agreement
City of Union City/New Haven School District
Rev. 11/10/2022
5159367.15129745.2
405-5/6482056.1
1 Rev. 11/10/2022

MASTER JOINT USE AGREEMENT FOR COMMUNITY RECREATION FACILITIES

BETWEEN THE NEW HAVEN UNIFIED SCHOOL DISTRICT

AND THE CITY OF UNION CITY
THIS MASTER JOINT USE AGREEMENT for Community Recreation Facilities, (this “Master Agreement”) is made and entered into this _____ day of _________, ____, by and between the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district, (the “District”) and the CITY OF UNION CITY, a California municipal corporation, (the “City”).

The District and the City may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the City and the District have a common interest in providing school and community instructional and recreational facilities and programs for the students of the District and residents of the City; and
WHEREAS, the City and the District each own real property that could be jointly used to further the school and community instructional and recreational facilities and programs of both the District and the City; and
WHEREAS, Division 1, Part 7, Chapter 10 (Sections 10900 et seq.) of the Education Code of the State of California (“Chapter 10”), authorizes and empowers public school districts and cities to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of this State, and authorizes and empowers public authorities to cooperate with each other to carry out the purposes of Chapter 10, and to that end to enter into agreements with each other, and to do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of Chapter 10; and
WHEREAS, entering into joint use agreements for the various properties owned by either the District or the City will benefit the students in the District and residents of the City, providing facilities of interest to both parties; and
WHEREAS, the City and the District have found that it will be in the public interest, economically and practically, to cooperate with regard to the instructional and recreational use of the properties described herein, and therefore desire to enter into this Master Agreement pursuant to Education Code sections 10900 et seq.

NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties hereto agree as follows:

A. Purpose of Master Agreement. Together, the District and the City have six (6) properties or facilities over which they wish to share use (“Joint Use Properties”). Given that each of the Joint Use Properties is unique in one way or another and considering that the City is the owner of certain Joint Use Properties while the District is the owner of others, the Parties negotiated unique 2 Rev. 11/10/2022
terms specific to each of the properties. The property-specific terms and agreements (“Joint Use Agreements”) are attached hereto as Exhibits 1-6, as further described below. The Parties created this Master Agreement for administrative purposes.

B. Joint Use Properties. The Joint Use Properties are briefly described below.

1. Pioneer Park. Pioneer Park is owned by the City. The City grants use of Pioneer Park to the District in accordance with and pursuant to the Joint Use Agreement attached hereto as Exhibit 1.

2. Itliong Vera Cruz School. Itliong Vera Cruz School is owned by the District. The City owns certain personal property in the form of solar arrays located on the Itliong Vera Cruz School property. The District grants use of Itliong Vera Cruz School to the City in accordance with and pursuant to the Joint Use Agreement attached hereto as Exhibit 2.

3. Shorty Garcia Park. Shorty Garcia Park, including the parking lot and blacktop space are owned by the City. The District owns certain personal property in the form of solar arrays located at the City’s property. The City grants use of the Shorty Garcia Park to the District in accordance with and pursuant to the Joint Use Agreement attached hereto as Exhibit 3.

4. James Logan High School Tennis Complex. The James Logan High School Tennis Complex is owned by the District. The District grants use of the James Logan High School Tennis Complex to the City in accordance with and pursuant to the Joint Use Agreement attached hereto as Exhibit 4.

5. Dan Oden Swim Complex. The Dan Oden Swim Complex is owned by the District.

The District grants use of the Dan Oden Swim Complex to the City in accordance with and pursuant to the Joint Use Agreement attached hereto as Exhibit 5.

6. District Buses. The District Buses are owned by the District. The District grants use of the buses to the City in accordance with and pursuant to the Joint Use Agreement attached hereto as Exhibit 6.

C. Exhibits; Amendments. The Joint Use Agreements for each of the above-listed Joint Use Properties are attached hereto as Exhibits 1-6, respectively, and are hereby incorporated herein. The Parties intend for each Exhibit to be a stand-alone Joint Use Agreement that may be individually modified, terminated, or otherwise negotiated. Each Exhibit Joint Use Agreement may only be modified or changed by written amendment thereto executed by both the City and the District.

D. Easements. Each Party, at its own discretion, will cooperate with the other Party in creating and recording separate easements that may be needed from time to time on the Joint Use Properties to construct utilities that may be necessary for the use of any one of the Joint Use Properties. Examples include, but are not limited to easements needed for 3 Rev. 11/10/2022
moving or adding irrigation systems, easements needed to move or add electrical conduit for lighting or electric vehicle chargers, and easements that may be needed for fiberoptic or cable systems for network infrastructure.

E. Promotional Materials. The District shall allow the City to promote activities to students and families through current methods of communication and advertising, which may include, but is not limited to, digital and print formats, websites, social media and electronic reader boards. The City shall allow any representatives authorized by the District to promote educational related information to the community through current methods of communication and/or advertising, which may include, but is not limited to, the use of the City Banner program, websites, social media, and cable channel.

F. Term. The term (the “Term”) of this Master Agreement shall be for the period of five (5) years from the date of execution and shall automatically renew annually thereafter, provided that the Parties may earlier terminate any individual Joint Use Agreement in accordance with the termination provisions set forth in that Joint Use Agreement.

Amendments may be made to this Master Agreement at any time during the Term upon written agreement of both Parties.

G. Coordination Meetings. The City’s Designated Representative and the District’s Designated Representative will meet in June and December each year to discuss any issues related to the Joint Use Properties and Joint Use Agreements, confirm upcoming schedules, and assess each Party’s percentage of use of each facility.

H. Designated Representative. The “Designated Representative” for the District shall be the Director of Maintenance, Operations & Transportation and for the City shall be the Community & Recreation Services Director. Access to the Joint Use Properties for purposes designated in the Joint Use Agreement shall be arranged directly through the Designated Representatives. The contact information for each Designated Representative is set forth below.

District Designated Representative:

Director of Maintenance, Operations & Transportation
Jason Rodgers
(510) 471-5559
[email protected]
City Designated Representative:

Community & Recreation Services Director
Corina Hahn
(510) 675-5277
[email protected]
4 Rev. 11/10/2022
I. Parties’ Use of Joint Use Properties Independent of Joint Use Agreements

1. District Use of City Property. If the District desires to use one of the City Joint Use Properties in a manner that is not set forth in the Joint Use Agreement, the District shall submit a permit application (the “Permit”) to the City for the activity desired.

The Permit must be approved by the administrator of the requesting school site or department. Upon approval of the Permit by the City, the insurance and indemnity provisions of the relevant Joint Use Agreement applies to the Permit and the permitted use.

2. City Use of District Property. If the City desires to use one of the District Joint Use Properties in a manner that is not set forth in the Joint Use Agreement, the City shall submit a permit application (the “Permit”) to the District for the activity desired. Upon approval of the Permit by the District, the insurance and indemnity provisions of the relevant Joint Use Agreement applies to the Permit and the permitted use.

J. Notice. Any notice required or permitted to be given under this Master Agreement, including but not limited to invoices and payments, shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, to the addresses of the respective Parties as set forth below:

TO DISTRICT: Director of Maintenance, Operations &
Transportation
New Haven Unified School District
3636 Smith Street
Union City, CA 94587
TO CITY: City of Union City – Community &
Recreation Services Department
34009 Alvarado Niles Road
Union City, CA 94587
[Signatures on next page.]
5 Rev. 11/10/2022
IN WITNESS WHEREOF, the New Haven Unified School District of Alameda County, State of California, by the President and Clerk, duly authorized by Resolution No. _______________ of the Board of Education, and the City of Union City, by its City Manager, thereunto duly authorized by Resolution No. ______________ of its City Council, have caused this Master Agreement to be executed respectively as of the day and year first above written.

NEW HAVEN UNIFIED SCHOOL DISTRICT,
a California public school district

CITY OF UNION CITY,
a municipal corporation
By: By:

President, Board of Education City Manager
By: Attest:

Clerk, Board of Education City Clerk
Approved as to Form:

City Attorney
6 Rev. 11/10/2022
Exhibit 1
Joint Use Agreement for Pioneer Park
7 Rev. 11/10/2022
Exhibit 2
Joint Use Agreement for Itliong Vera Cruz School
8 Rev. 11/10/2022
Exhibit 3
Joint Use Agreement for Shorty Garcia Park
9 Rev. 11/10/2022
Exhibit 4
Joint Use Agreement for James Logan
High School Tennis Complex
10 Rev. 11/10/2022
Exhibit 5
Joint Use Agreement for James Dan Oden Swim Complex
11 Rev. 11/10/2022
Exhibit 6
Joint Use Agreement for District Buses
405-5/6482059.1
5245430.1
-1-
Pioneer Elementary School Park Rev. 11/14/2022

JOINT USE AGREEMENT FOR COMMUNITY RECREATION FACILITIES

BETWEEN THE NEW HAVEN UNIFIED SCHOOL DISTRICT

AND THE CITY OF UNION CITY
(Pioneer Elementary School and Pioneer Park)
THIS JOINT USE AGREEMENT for Community Recreation Facilities (this “Agreement”) is made and entered into this _____ day of _________, 2022 by and between the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district (the “District”) and the CITY OF UNION CITY, a California municipal corporation, (the “City”) The District and the City may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, pursuant to the statutory authority in Education Code sections 17536 through 17538, the City and the District entered into that certain Land Exchange Agreement dated __________, 2022 (the “Land Exchange”), in which the City and the District exchanged certain parcels of real property; and
WHEREAS, as part of the Land Exchange, the City transferred, and the District accepted, certain real property underlying Pioneer Elementary School located at Assessor Parcel Number 543-433- 1 and a portion of Assessor Parcel Number 543-423-1, as more particularly depicted in Exhibit A, (the “School Property”); and
WHEREAS, the City owns property adjacent to the School Property known as Pioneer Park (“Pioneer Park”) located on a portion of Assessor Parcel Number 543-423-1, as more particularly depicted in Exhibit A; and
WHEREAS, Division 1, Part 7, Chapter 10 (Sections 10900 et seq.) of the Education Code of the State of California (“Chapter 10”), authorizes and empowers public school districts and cities to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of this State, and authorizes and empowers public authorities to cooperate with each other to carry out the purposes of Chapter 10, and to that end to enter into agreements with each other, and to do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of Chapter 10; and
WHEREAS, the City and the District have a common interest in providing school and community instructional and recreational facilities and programs for the students of the District and residents of the City; and
WHEREAS, a joint use agreement will benefit the students in the District and residents of the City, providing facilities of interest to both parties; and WHEREAS, the City and the District have found that it will be in the public interest, economically and practically, to cooperate with regard to the recreational use of Pioneer Park, and therefore desire to enter into this Agreement pursuant to Education Code sections 10900 et seq. -2-
Pioneer Elementary School Park Rev. 11/14/2022
NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties hereto agree as follows:

1. Right of Entry; Use. Pursuant to the terms of this Agreement, the City hereby provides the District the right to use Pioneer Park, for its educational programs, meaning the activities and programs under the supervision of the District that promote youth, school, or community education and recreation activities, including but not limited to recess, physical education, and play time for Pioneer Elementary School students (“Programs”). The cost of maintaining and conducting the Programs shall be borne solely by District.

2. Schedule for Use.
a) School Hours. District shall have the right to non-exclusive use of the Pioneer Park during the hours in which District schools are in session. The Parties shall refer to the District’s published bell schedule and summer program schedule for the relevant school-year in order to determine the hours that school classes and summer programs are in session (“School Hours”).

District’s use of the Pioneer Park shall not unreasonably interfere with the City’s use.

b) Non-School Hours. In order to use Pioneer Park during times that are not School Hours, the District shall submit to the City a schedule of District’s requested use for Pioneer Park at least thirty (30) days prior to the start of the school year to coordinate park maintenance and field rentals by City or outside user groups. The proposed schedule should be submitted with the City’s “Use of Union City Facility” form to the Community & Recreation Services Department. The City will confirm requested use within two (2) weeks of submission. The District shall notify the City of any change of requested use as early as possible, and the City shall make all reasonable efforts to accommodate such requests. c) Coordination. To allow the City’s weekly routine maintenance activities to take place safely, including mowing, trimming and irrigation system upkeep, the District will coordinate the Programs with City staff. Such routine maintenance activities typically take place early in the morning but may change from time to time.

3. Supervision. The District shall be solely responsible for supervising the activities that occur at Pioneer Park as part of its Programs.

4. Parking. The Parties shall work together to ensure appropriate public access to the parking lot(s) at Pioneer Park.

5. Maintenance.
a) City Responsibility. Except as otherwise set forth below, City shall be entirely responsible for maintaining the Pioneer Park physical facilities, including benches and any barbeque grills. City shall also be responsible for maintaining the street trees located along the public streets, including those along the Pioneer Park and the School Property. -3-
Pioneer Elementary School Park Rev. 11/14/2022
b) District Responsibility. District shall be entirely responsible for all costs associated with the School Property, including costs related to landscaping maintenance, water use, paving and lighting. In addition, District shall be solely responsible for maintaining the enclosure and play structures within the School Property.
c) Joint City and District Responsibilities.

1. Relocation of Utilities. Concurrent with the Pioneer Park Lot Line Adjustment and in furtherance of the conveyance of property to the District under the Land Exchange, the City and District will work together to divide and reroute the utility and irrigation systems underlying Pioneer Park and the School Property to conform the systems based on the adjusted lot lines. The Parties will share the cost of the utility and irrigation system relocation equally.

2. Cost Sharing for Maintenance at Pioneer Park. The Parties hereby agree and acknowledge that there is extensive use of Pioneer Park by the District on a daily basis during the regularly scheduled school year months. Therefore, the District shall reimburse the City for up to fifty percent (50%) of the maintenance costs incurred during the regularly scheduled school year months. The maintenance costs shall include costs for irrigation, landscaping and capital improvements necessary to maintain Pioneer Park, including sod replacement and replacement of benches and play structures. The City and the District will cooperate and agree upon any necessary capital improvements that will paid for, in part, by the District. For the maintenance costs, the City will provide the District with an invoice of its share of up to 50% of these costs, supported by any relevant documentation, including but not limited to utility and landscaping bills. The invoice will be prepared based on costs incurred on a fiscal year basis and be sent within ninety (90) days of the end of the fiscal year. For the capital improvement costs, the City and the District will determine the method of reimbursement for capital improvement construction at the time that such necessary capital improvements are agreed upon. The District shall reimburse the City for the amount billed to the District within forty-five (45) days of the receipt of the City’s invoice for the costs contemplated herein.

6. Damage to Pioneer Park. Each Party shall be responsible for any and all damages to Pioneer Park and surrounding property which may be incurred as a proximate cause of any activity conducted by such Party. If damage to Pioneer Park occurs during a period of joint use of Pioneer Park and the Parties cannot immediately agree which Party’s activity was the proximate cause of such damage, the Parties shall comply with the Conflict Resolution procedures set forth herein.

Notwithstanding Section 5(c)(2) above, and outside of the District’s use period during the school year months, the District shall not be responsible for damage caused by the normal wear and tear of Pioneer Park. District shall inform City of any dangerous conditions at Pioneer Park. City shall notify the District of any damage to Pioneer Park caused by District as soon as reasonably possible and shall provide the District an itemized bill of the cost(s) for the replacement or repair of such damaged property.

7. Alterations and Improvements. In order to improve recreational opportunities and facilities, the Designated Representatives (defined herein), or their respective designees, may meet from time to time to consider the joint funding of capital improvements to be recommended to the -4-
Pioneer Elementary School Park Rev. 11/14/2022
respective legislative bodies. No alteration or improvements shall be made to Pioneer Park by the District without the prior written consent of the City.

8. Hold Harmless.
a) City shall indemnify and hold harmless the District, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with City’s use of Pioneer Park or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the City, except where caused by the active, negligence, sole negligence, or willful misconduct of the District.
b) District shall indemnify and hold harmless the City, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with District’s use of Pioneer Park or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the District, except where caused by the active, negligence, sole negligence, or willful misconduct of the City.

9. Insurance.

Each Party shall provide to the other Party certificates of insurance and property damage insurance (the “Insurance”) in not less than the following amounts:

Bodily Injury Liability $1,000,000 each occurrence
Bodily Injury Liability $1,000,000 aggregate
Property Damage Liability $1,000,000 each occurrence
Property Damage Liability $1,000,000 aggregate
Each Party shall provide to the other Party a current and valid Certificate of Insurance naming the other Party as an additional insured for each policy required. The Insurance shall be placed with admitted insurers in California with a rating of “A” or better from the current Best Rating Guide.

10. Notice. Any notice required or permitted to be given under this Agreement, including but not limited to invoices and/or payments, shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, to the addresses of the respective Parties as set forth below:

TO DISTRICT: New Haven Unified School District
3636 Smith Street
Union City, CA 94587
TO CITY: City of Union City
34008 Alvarado Niles Road
Union City, CA 94587
-5-
Pioneer Elementary School Park Rev. 11/14/2022

11. Term. The Term of this Agreement shall commence on the date of execution and shall continue in force and govern all transactions between the Parties hereto for a period of five (5) years from the date of execution and shall automatically renew annually thereafter, unless earlier cancelled or terminated by either Party in accordance with the provisions set forth in this Agreement.

12. Termination. This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice.

13. Exclusions. This Agreement shall supersede any and all previous Agreements entered into between the City and the District regarding the use of Pioneer Park.

14. Designated Representative. The “Designated Representative” for the District shall be the Director of Maintenance, Operations & Transportation and for the City shall be the Director of Parks and Recreation. City shall supply keys to Pioneer Park to the District’s Designated Representative if necessary.

15. Personnel. Each Party shall be solely responsible for the hiring and termination of its own personnel necessary to conduct its activities to be held at Pioneer Park pursuant to this Agreement.

Except as otherwise provided herein, the Parties agree that personnel hired by City shall be employees of City only and shall not be construed to be employees of the District for any purpose whatsoever and that personnel hired by District shall be employees of District only and shall not be construed to be employees of the City for any purpose whatsoever.

16. Amendments. This Agreement may only be modified or changed by written amendment thereto executed by both the City and the District.

17. Binding. This Agreement shall be binding upon the City and the District and upon their respective successors, executors, administrators, and assigns. Neither the City nor the District may assign or transfer their respective rights or interests under this Agreement without the written consent of the other.

18. Conflict Resolution.
a) Except in the event of a Party’s failure to comply with applicable laws, rules, and regulations as required by the Compliance with Law section herein, notwithstanding any disputes between District and City hereunder or in connection with Pioneer Park, City and District shall each continue to perform their respective obligations hereunder pending a subsequent resolution of such disputes.
b) In the event of a dispute or conflict between the Parties regarding this Agreement, the Parties shall first informally meet and confer and attempt to negotiate a settlement of the controversy at issue.
-6-
Pioneer Elementary School Park Rev. 11/14/2022
c) If a dispute or conflict remains unresolved after an informal meeting of the Parties, the conflict or dispute shall be submitted for resolution by non-binding mediation conducted under the auspices of the American Arbitration Association (“AAA”). The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either Party commencing arbitration proceedings as described in the subsection below. d) All claims, disputes or other matters in controversy between the Parties arising out of or pertaining to this Agreement which are not fully resolved through the mandatory mediation set forth in the subsection above shall be settled and resolved by binding arbitration conducted under the auspices of the AAA. The award rendered by the Arbitrator(s) shall be final and binding upon the Parties. In connection with any arbitration proceeding commenced hereunder, the discovery rights and procedures provided for in California Code of Civil Procedure § 1283.05 shall be applicable, and the same shall be deemed incorporated herein by this reference.

19. Compliance with Law. The Parties hereto shall comply with all applicable Federal, State and local laws, rules, and regulations.
[Signatures on next page.]
-7-
Pioneer Elementary School Park Rev. 11/14/2022
IN WITNESS WHEREOF, the New Haven Unified School District of Alameda County, State of California, by the President and Clerk, duly authorized by Resolution No. _______________ of the Board of Education, and the City of Union City, by its City Manager, thereunto duly authorized by Resolution No. ______________ of its City Council, have caused this Agreement to be executed as of the day and year first above written.

NEW HAVEN UNIFIED SCHOOL DISTRICT,
a California public school district

CITY OF UNION CITY,
a municipal corporation
By: By:

President, Board of Education City Manager
By: Attest:

Clerk, Board of Education City Clerk
Approved:

City Attorney
-8-
Pioneer Elementary School Park Rev. 11/14/2022

EXHIBIT A
Depiction of Pioneer Park
405-5/6483200.1
5245427.1
Shorty Garcia -1- Rev. 11/10/2022

JOINT USE AGREEMENT

BETWEEN THE NEW HAVEN UNIFIED SCHOOL DISTRICT

AND THE CITY OF UNION CITY
(Guy Emanuele Elementary School and Shorty Garcia Park) THIS JOINT USE AGREEMENT , (this “Agreement”) is made and entered into this _____ day of _________, 2022, by and between the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district, the (“District”) and the CITY OF UNION CITY, a California municipal corporation, (the “City”). The District and the City may be referred to herein individually as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties hereto agree as follows:

1. Right of Entry; Use. Pursuant to the terms of this Agreement, the City hereby provides the District the right to use the Shorty Garcia Park (“City Park”), for its Shorty Garcia -2- Rev. 11/10/2022
educational programs (“Programs”), meaning the activities and programs under the supervision of the District that promote youth, school, or community education and recreation activities, including but not limited to recess, physical education, and play time for Guy Emanuele School students. The cost of maintaining and conducting the Programs shall be borne solely by District. City also grants District the right to use those auxiliary facilities and fixed equipment located on the City Property, including but not limited to bathrooms (the “Facilities”). City hereby warrants and represents that during the term of this Agreement, including any renewals or extensions, City shall keep the blacktop portion of the Facilities as a blacktop.

2. Permit. The City hereby grants to the District a permit to use a portion of the City Property for the operation of the Solar Arrays. District’s operation of the Solar Arrays shall be consistent with all laws, generally acceptable uses and practices related to Solar Arrays.

The District is solely responsible for operation, maintenance and repair of the Solar Arrays.

City may not use or access the Solar Arrays, except in the event of an emergency that reasonably requires the City to access the area on which the Solar Arrays are located. City shall notify District of any such access of the Solar Arrays as soon as reasonably possible after the emergency subsides.

3. Schedule.
a) Solar Arrays. District shall have exclusive use of the Solar Arrays, except as otherwise set forth herein. District’s use of the Solar Arrays shall not unreasonably interfere with the City’s use of the Facilities.
b) City Property. District shall have the right to non-exclusive use of the City Property and the Facilities during the hours in which District schools are in session and during the hours of the District’s summer programs. The Parties shall refer to the District’s published bell schedule and summer program schedule for the relevant school-year in order to determine the hours that school classes and summer programs are in session. District’s use of the City Property and the Facilities shall not unreasonably interfere with City’s use.

4. Supervision. Each Party shall be solely responsible for supervising the activities that occur at the Facilities as part of its programs.

5. Parking. The Parties shall work together to ensure appropriate public access to the parking lot(s) at the Facilities.

6. Maintenance.
a) City Responsibility. The Parties agree that the City shall be responsible for the maintenance of the soccer fields, including the lighting and the turf. City shall also be entirely responsible for the maintenance of irrigation system and landscaping in the vicinity of the parking lot, as well as payment of bills for electricity and water associated with the parking lot and soccer fields.

Shorty Garcia -3- Rev. 11/10/2022
b) District Responsibility. District shall be entirely responsible for the maintenance of the playground structures located on the blacktop area. c) Shared Responsibility. Each Party shall be responsible for fifty percent (50%) of the long-term maintenance costs, based on actual costs, related to the parking lot (located adjacent to the blacktop), including but not limited to, paving, slurry sealing, sidewalks, curbs, striping and wheel stops. Each Party shall also be responsible for fifty percent (50%) of the long-term maintenance costs, based on actual costs, of the parking lot lighting. Each Party will provide the other Party with notice, not later than July 31, of all invoices and other documents supporting any and all long-term maintenance costs for the preceding fiscal year-ended on June 30.

7. Damage and Destruction.
a) Solar Arrays. District shall be solely responsible for any and costs for any damage to the Solar Arrays, except to the extent such damage is caused by the City’s gross negligence or willful misconduct. City shall inform District as soon reasonably possible if City notices a potential dangerous or hazardous condition affecting the Solar Arrays. b) City Property and Facilities. Each Party shall be responsible for any and all damages to the City Property and Facilities that may be incurred as a proximate cause of any activity conducted by such Party. If damage to the Facilities occurs during a period of joint use and the Parties cannot immediately agree which Party’s activity was the proximate cause of such damage, the Parties shall comply with the Conflict Resolution procedures set forth herein. District shall not be responsible for damage caused by the normal wear and tear of the Facilities. District shall inform City of any dangerous conditions at the Facilities. City shall notify the District of any damage to the Facilities caused by District as soon as reasonably possible and shall provide the District an itemized bill of the cost(s) for the replacement and/or repair of such damaged property.

8. Alterations and Improvements.
a) By District. The District may make alterations and improvements to its Solar Arrays provided that the District (i) notify the City and (ii) schedule such alterations and improvements at a time that will be minimally disruptive to the City’s use of the City Property and Facilities and is mutually agreeable to both Parties. The District shall not make alterations or improvements to any other portion of the City Property or the Facilities without the City’s consent.
b) By City. The City may make alterations or improvements to the City Property or the Facilities provided that (i) such alterations or improvements are consistent with the terms herein and (ii) are made at a time that is minimally disruptive to the District’s use of the Facilities and is mutually agreeable to both Parties.

Shorty Garcia -4- Rev. 11/10/2022

9. Hold Harmless.
a) City shall indemnify and hold harmless the District, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with City’s use of the Facilities and/or the Solar Arrays or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the City, except where caused by the active negligence, sole negligence, or willful misconduct of the District. b) District shall indemnify and hold harmless the City, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with District’s use of the Facilities and/or Solar Arrays or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the District, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

10. Insurance.

Each Party shall provide to the other Party certificates of public liability insurance and property damage insurance in not less than the following amounts:

Bodily Injury Liability $1,000,000 each occurrence
Bodily Injury Liability $1,000,000 aggregate
Property Damage Liability $1,000,000 each occurrence
Property Damage Liability $1,000,000 aggregate
Each Party shall provide to the other Party a current and valid Certificate of Insurance on an annual basis naming the other Party as an additional insured in said public liability and property damage insurance policy. Said public liability insurance shall be placed with admitted insurers in California with a rating of “A” or better from the current Best Rating Guide.

11. Notice. Any notice required or permitted to be given under this Agreement, including but not limited to invoices and/or payments, shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, to the addresses of the respective Parties as set forth below:

TO DISTRICT: New Haven Unified School District
3636 Smith Street
Union City, CA 94587
TO CITY: City of Union City
34008 Alvarado Niles Road
Union City, CA 94587
Shorty Garcia -5- Rev. 11/10/2022

12. Term. The Term of this Agreement shall commence on the date of execution and shall continue in force and govern all transactions between the Parties hereto for a period of five (5) years from the date of execution and shall automatically renew annually thereafter, unless earlier cancelled or terminated by either Party in accordance with the provision below.

13. Termination. This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice.

14. Exclusions. This Agreement shall supersede any and all previous Agreements entered into between the City and the District regarding the use of the City Property and the Facilities.

15. Designated Representative. The “Designated Representative” for the District shall be the Director of Maintenance, Operations & Transportation and for the City shall be Director of Public Works. City shall supply keys to the Facilities to the District’s Designated Representative if necessary.

16. Personnel. Each Party shall be solely responsible for the hiring and termination of its own personnel necessary to use and access the Facilities and the Solar Arrays and to conduct its programs at the Facilities. Except as otherwise provided herein, the Parties agree that personnel hired by City shall be employees of City only and shall not be construed to be employees of the District for any purpose whatsoever and that personnel hired by District shall be employees of District only and shall not be construed to be employees of the City for any purpose whatsoever.

17. Amendments. This Agreement may only be modified or changed by written amendment thereto executed by both the City and the District.

18. Binding. This Agreement shall be binding upon the City and the District and upon their respective successors, executors, administrators, and assigns. Neither the City nor the District may assign or transfer their respective rights or interests under this Agreement without the written consent of the other.

19. Conflict Resolution.
a) Except in the event of a Party’s failure to comply with applicable laws, rules, and regulations as required by the Compliance with Law section herein, notwithstanding any disputes between District and City hereunder or in connection with the City Property or the Facilities, City and District shall each continue to perform their respective obligations hereunder pending a subsequent resolution of such disputes. b) In the event of a dispute or conflict between the Parties regarding this Agreement, the Parties shall first informally meet and confer and attempt to negotiate a settlement of the controversy at issue.

Shorty Garcia -6- Rev. 11/10/2022
c) If a dispute or conflict remains unresolved after an informal meeting of the Parties, the conflict or dispute shall be submitted for resolution by non-binding mediation conducted under the auspices of the American Arbitration Association (“AAA”). The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either Party commencing arbitration proceedings as described in the subsection below. d) All claims, disputes or other matters in controversy between the Parties arising out of or pertaining to this Agreement which are not fully resolved through the mandatory mediation set forth in the subsection above shall be settled and resolved by binding arbitration conducted under the auspices of the AAA. The award rendered by the Arbitrator(s) shall be final and binding upon the Parties. In connection with any arbitration proceeding commenced hereunder, the discovery rights and procedures provided for in California Code of Civil Procedure § 1283.05 shall be applicable, and the same shall be deemed incorporated herein by this reference.

20. Compliance with Law. The Parties hereto shall comply with all applicable Federal, State and local laws, rules, and regulations.
[Signatures on next page.]
Shorty Garcia -7- Rev. 11/10/2022
IN WITNESS WHEREOF, the New Haven Unified School District of Alameda County, State of California, by the President and Clerk, duly authorized by Resolution No. _______________ of the Board of Education, and the City of Union City, by its City Manager, thereunto duly authorized by Resolution No. ______________ of its City Council, have caused this Agreement to be executed as of the day and year first above written.

NEW HAVEN UNIFIED SCHOOL DISTRICT,
a California public school district

CITY OF UNION CITY,
a municipal corporation
By: By:

President, Board of Education City Manager
By: Attest:

Clerk, Board of Education City Clerk
Approved:

City Attorney
Shorty Garcia Exhibit A Rev. 11/10/2022

EXHIBIT A
Depiction of the Facilities and Solar Arrays
405-5/6482060.1
-1-
James Logan HS Tennis Complex Rev. 11/14/2022

JOINT USE AGREEMENT FOR COMMUNITY RECREATION FACILITIES

BETWEEN THE NEW HAVEN UNIFIED SCHOOL DISTRICT

AND THE CITY OF UNION CITY
(James Logan High School Tennis Complex)
THIS JOINT USE AGREEMENT for Community Recreation Facilities (this “Agreement”) is made and entered into this _____ day of _________, ____, by and between the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district (the “District”) and the CITY OF UNION CITY, a California municipal corporation (the “City”). The District and the City may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, Division 1, Part 7, Chapter 10 (Sections 10900 et seq.) of the Education Code of the State of California (“Chapter 10”), authorizes and empowers public school districts and cities to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of this State, and authorizes and empowers public authorities to cooperate with each other to carry out the purposes of Chapter 10, and to that end to enter into agreements with each other, and to do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of Chapter 10; and
WHEREAS, the City and the District have a common interest in providing school and community instructional and recreational facilities and programs for the students of the District and residents of the City, and have therefore entered into a Master Joint Use Agreement regarding the Parties’ shared facilities; and
WHEREAS, this Agreement is an Exhibit to the Master Joint Use Agreement and is governed by the terms therein as well the specific terms set forth in this Agreement; and WHEREAS, a joint use agreement will benefit the students in the District and residents of the City, providing facilities of interest to both parties; and WHEREAS, the City and the District have found that it will be in the public interest, economically and practically, to cooperate with regard to the recreational use of the Facility (defined herein), and therefore desire to enter into this Agreement pursuant to Education Code sections 10900 et seq.

NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties hereto agree as follows:

1. Facility.
a) Pursuant to the terms of this Agreement, the District grants City the right to use all tennis courts 1 through 11 at the tennis complex located at James Logan High School, 1800 H Street, Union City, CA 94587 (“Facility”), as depicted in Exhibit A attached hereto and incorporated -2-
James Logan HS Tennis Complex Rev. 11/14/2022
herein. The City agrees to limit use of tennis courts 1 and 6 for supervised City tennis programs only. Courts 2-5 and 7-11 would be made available for classes, lessons and open public tennis access during City’s summer hours of operation. A map that shows the numbering of the Tennis Courts is attached as Exhibit B hereto and incorporated herein by this reference. b) District also grants City the right to use those auxiliary facilities and fixed equipment at the Facility, including but not limited to bathrooms, parking lots, shower and dressing rooms, bleacher seats and athletic apparatus, as applicable.

2. Use. Subject to the limitations herein, the City may use the Facility for its recreation programs (“Programs”), meaning the activities and programs under the supervision of the City that promote youth, school, or community recreation activities. City’s Programs shall prioritize the activities of school-age children but may also include adult activities. City’s use of the Facility shall not interfere with the regular conduct of District’s usual activities or business. The cost of maintaining and conducting the Programs shall be borne solely by City.

3. School-Year Use Schedule. During the period from the first day of District’s school classes (typically early August) to the last day of District’s school classes (typically late May), the Parties shall schedule the City’s use of the Facility in accordance with the following:
a) By October 1 of each year, City shall submit to District a proposed schedule of City’s use of the Facility for the following year (e.g., City would submit a proposed schedule for the 2022 - 2023 year by October 1, 2021.). The proposed schedule should be submitted to the District’s Designated Representative (defined herein). City and District shall then meet to discuss the proposed schedule and shall create a finalized schedule by March 1 of the following year (e.g., if the proposed schedule was submitted October 1, 2021, the schedule would be finalized by March 1, 2022). The District will provide an estimate of the expected user fees with finalized schedule. For events that cannot be planned in advance, City shall submit a request to use the Facility to District at least thirty (30) days prior to the requested use date, and District shall make all reasonable efforts to accommodate such requests and provide a response to the specific request within two (2) weeks of submittal.

The chart below shows an example of the timeline for school year 2022-2023. The example below is for illustration purposes only.

City Submits Permit
Request to District For
coming Permit Period
City Submits Finalized
Permit Request Schedule
and District Approves
Permits, Confirms Schedule
and Provides City Estimate
of Fees
Annual District Permit
Period (School Year)
October 1, 2021 March 1, 2022
[Note: The District will bill the
City based on the dates set
forth in the final March 1
schedule.]
August 2022 through May
2023
[Note: The month-span for
the school year period is
subject to change based on
-3-
James Logan HS Tennis Complex Rev. 11/14/2022
the District’s then-current
school calendar.]
The Parties acknowledge and agree that District will not grant use of the Facility to City at times when the Facility is needed for District-sponsored or District-related activities. b) If the District needs to revoke any portion of an approved use permit, the City will be given at least thirty 30 days advance notice.
c) In the event that the District hosts recreational tennis times at the Facility that are open to the general public, City employees may participate at no charge provided that they provide appropriate identification.

4. Summer Use Schedule. During the period from the day after the last day of District’s school classes (typically late May) to the day before the first day of District’s school classes (typically early August), the Parties shall schedule the City’s use of the Facility in accordance with the following:
a) City shall have exclusive of use of the Facility, except that:
i. District groups and teams that require use of the Facility during the period set forth above shall submit their schedules to the City’s Designated Representative, by February 1st of each year. All District groups and teams that timely submit such schedules shall be entitled to exclusive use of the Facility during their scheduled times.

The City and the District shall then meet to discuss the proposed schedule and shall create a finalized schedule by March 1.

The chart below shows an example of the timeline for school year 2022-2023. The example below is for illustration purposes only.

District Submits Exclusive
Use Requests to City
Summer Permit Period
District and City Confirm
Schedule of District’s
Exclusive Use During
Summer Permit Period
City Summer Permit Period
February 1, 2022 March 1, 2022 June 2022 - August 2022
ii. City shall provide District with up to a daily two (2) hour period of shared use to accommodate use by District programs, including but not limited to athletic camps, school clubs, and other school activities. District-organizations desiring to share use of the Facility during the daily two (2) hour period must submit the City’s “Use of Union City Facility” form to reserve the Facility during the daily period. Districtorganizations may use the Facility without charge. b) During the periods when City has the exclusive use of the Facility, the City may schedule use in accordance with its own policies and procedures. -4-
James Logan HS Tennis Complex Rev. 11/14/2022
c) For events that cannot be planned in advance and for which the District’s need exceeds its daily 2 hour use period, District groups shall submit a request to use the Facility to the City at least thirty (30) days prior to the requested use date, and the City shall make all reasonable efforts to accommodate such requests and provide a response to the specific request within two (2) weeks of submittal.
d) In the event that the City hosts recreational tennis times at the Facility that are open to the general public, District employees may participate at no charge provided that they provide appropriate identification.

5. Fees.
a) The District shall pay all normal utility costs and Operational Costs for the Facility based on an hourly rate during the District’s school year and based on a daily rate during the summer months and shall bill the City for its prorated share. “Operational Costs” shall include the actual costs for labor hours for cleaning and maintaining the Facility, restroom facilities, and collecting meter readings; electrical consumption; restroom facilities supplies; and waste management. The District will provide the City an advance estimate of fees when submitted permit is approved.
b) During the regular school year, the City’s prorated share shall be predicated on the number of hours the City uses the Facility. To calculate the hourly rate, the District will first take the Operational Costs of the regular school year and divide this amount by the total number of days in the regular school year, resulting in a daily rate. The hourly rate for Operational Costs will be derived by dividing the daily rate by the average number of facility hours used during the year. For example, if the facility is used on average 7 am – 10 pm (15 hours) the daily rate will be divided by 15 hours to establish an hourly rate. The number of days the City uses in the regular school year is defined in the schedule finalized in March of the following year, as illustrated in Section (3)(a) above. The District will then multiply the number of hours used by the hourly rate to determine the City’s share of Operational Costs during the regular school year. An adjustment may be made at the District’s discretion when a City sponsored program is providing services to District students or staff, and the City receives no income from the activity. c) During the summer period, the City’s prorated share shall be predicated on the number of days the City uses the Facility. To calculate the daily rate for the summer period, the District will first take the Operational Costs of the summer period and divide this amount by the total number of days in the summer period, resulting in a daily rate. The number of days in the summer period is defined in the agreed upon schedule, as illustrated in Section 4(a)(i) above. The District will then multiply the number of days used by the daily rate to determine the City’s share of Operational Costs during the summer period. The City will be responsible for any added utility and operating costs resulting from the City’s summer facility use. Further, the -5-
James Logan HS Tennis Complex Rev. 11/14/2022
City’s share will be reduced pro rata by four (4) hours, for when the District intends to use the Facility on a daily basis during the summer period. d) The District will calculate the total annual Operational Costs on a fiscal year (JulyJune) basis. For budget planning purposes, a preliminary invoice will be provided to the City by August 31st each year for the current school year, based on the privious year’s actual cost. For example, the 2021-22 preliminary invoice will be based on 2020-21 actual cost. By July 31st of the following year, an adjusted, final invoice reflecting actual costs will be issued.
e) The District will invoice the City in accordance with the above, and the City shall pay all undisputed amounts of such invoices within thirty (30) days.

6. Supervision. City shall be solely responsible for supervising the activities that occur at the Facility as part of the City’s Programs. Notwithstanding the foregoing, District reserves the right to have employee(s) at the Facility during City’s use to monitor the use and ensure it complies with the terms of this Agreement. In the event that the Union City Police Department determines that its presence is required at the Facility for City’s use or event, City shall be solely responsible for complying with such request; provided, however, that District agrees to cooperate if necessary.

7. Parking. The Parties shall work together to ensure appropriate public access to the parking lot(s) at the Facility; provided, however, that District expressly reserves the right to restrict public access to the Facility’s parking lot(s) as may be reasonably required for District’s own programs, special events, and general operational and maintenance needs. The City requests at least two weeks advance notice is given if the restriction of parking impacts the ability for City to operate its Programs.

8. Maintenance. The District shall keep and maintain the tennis complex and fixed equipment constituting the Facility in good and safe condition and repair. City shall participate in major necessary repair cost in proportion to the City’s use of the Facility, as set forth in Sections 3, 4, and 5 above, provided that it is deemed that said repair cost benefits both Parties to this Agreement. For non-routine maintenance costs, the District and the City will consider the City’s pro-rata share, as set forth in section 5 above, from the previous five (5) years to negotiate the appropriate pro-rata share for such costs. The City’s share for non-routine maintenance costs shall not exceed fifty percent (50%) of the amount for non-routine maintenance costs. With the exception of emergencies, the District will provide the City with at least thirty (30) days’ notice of any significant facility maintenance issues that could require the cancelling or modifications of City scheduled programs.

9. Damage to Facility. City shall be responsible for any and all damages to the Facility and surrounding property which may be incurred as a proximate cause of any activity conducted by City, except for property damage for which the District has coverage under any of its fire and extended coverage insurance policies. If damage to the Facility occurs during a period of joint use of the Facility and the Parties cannot immediately agree which Party’s activity was the proximate cause of such damage, the Parties shall comply with the Conflict Resolution procedures set forth -6-
James Logan HS Tennis Complex Rev. 11/14/2022
herein. City shall not be responsible for damage caused by the normal wear and tear of the Facility.

City shall inform District of any dangerous conditions at the Facility, and District shall notify the City of any damage to the Facility caused by City as soon as reasonably possible and shall provide the City an itemized bill of the cost(s) for the replacement and/or repair of such damaged property.

10. Alterations and Improvements. In order to improve recreational opportunities and facilities, the Designated Representatives, or their respective designees, may meet from time to time to consider the joint funding of capital improvements to be recommended to the respective legislative bodies. No alteration or improvements shall be made to the Facility by the City without the prior written consent of the District.

11. Hold Harmless.
a) City shall indemnify and hold harmless the District, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with City’s use of the Facility or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the City, except where caused by the active, negligence, sole negligence, or willful misconduct of the District.
b) District shall indemnify and hold harmless the City, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with District’s use of the Facility or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the District, except where caused by the active, negligence, sole negligence, or willful misconduct of the City.

12. Insurance.

City shall provide to District certificates of public liability insurance and property damage insurance in not less than the following amounts:

Bodily Injury Liability $1,000,000 each occurrence
Bodily Injury Liability $1,000,000 aggregate
Property Damage Liability $1,000,000 each occurrence
Property Damage Liability $1,000,000 aggregate
City shall provide to District a current and valid Certificate of Insurance naming the District as an additional insured in said public liability and property damage insurance policy. Said public liability insurance shall be placed with admitted insurers in California with a rating of “A” or better from the current Best Rating Guide.

13. Notice. Any notice required or permitted to be given under this Agreement, including but not limited to invoices and/or payments, shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, -7-
James Logan HS Tennis Complex Rev. 11/14/2022
registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, to the addresses of the respective Parties as set forth below:

TO DISTRICT: New Haven Unified School District
3636 Smith Street
Union City, CA 94587
TO CITY: City of Union City – Community & Recreation
Services Department
34009 Alvarado Niles Road
Union City, CA 94587

14. Term. The Term of this Agreement shall commence on the date of execution and shall continue in force and govern all transactions between the Parties hereto for a period of five (5) years from the date of execution and shall automatically renew annually thereafter, unless earlier cancelled or terminated by either Party in accordance with the provision below.

15. Termination. This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice.

16. Exclusions. This Agreement shall supersede any and all previous Agreements entered into between the City and the District regarding the use of the Facility.

17. Designated Representative. The “Designated Representative” for the District shall be the Director of Maintenance, Operations & Transportation and for the City shall be Director of Community & Recreation Services. District shall supply keys to the Facility to the City’s Designated Representative as may be deemed necessary.

18. Promotional Materials. Upon request, each Party agrees to distribute promotional materials regarding the other Party’s facilities and special events; provided, however, that each Party’s Designated Representative must approve any promotional materials for fundraising events for which tickets are sold before such materials are distributed.

19. Personnel. City shall be solely responsible for the hiring and termination of its own personnel necessary to conduct its Programs held at the Facility pursuant to this Agreement.

20. Amendments. This Agreement may only be modified or changed by written amendment thereto executed by both the City and the District.

21. Binding. This Agreement shall be binding upon the City and the District and upon their respective successors, executors, administrators, and assigns. Neither the City nor the District may assign or transfer their respective rights or interests under this Agreement without the written consent of the other.
-8-
James Logan HS Tennis Complex Rev. 11/14/2022

22. Conflict Resolution.
a) Except in the event of City’s failure to comply with applicable laws, rules, and regulations as required by the Compliance with Law section herein, notwithstanding any disputes between District and City hereunder or in connection with the Facility, City and District shall each continue to perform their respective obligations hereunder pending a subsequent resolution of such disputes. b) In the event of a dispute or conflict between the Parties regarding this Agreement, the Parties shall first informally meet and confer and attempt to negotiate a settlement of the controversy at issue.
c) If a dispute or conflict remains unresolved after an informal meeting of the Parties, the conflict or dispute shall be submitted for resolution by non-binding mediation conducted under the auspices of the American Arbitration Association (“AAA”). The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either Party commencing arbitration proceedings as described in the subsection below. d) All claims, disputes or other matters in controversy between the Parties arising out of or pertaining to this Agreement which are not fully resolved through the mandatory mediation set forth in the subsection above shall be settled and resolved by binding arbitration conducted under the auspices of the AAA. The award rendered by the Arbitrator(s) shall be final and binding upon the Parties. In connection with any arbitration proceeding commenced hereunder, the discovery rights and procedures provided for in California Code of Civil Procedure § 1283.05 shall be applicable, and the same shall be deemed incorporated herein by this reference.

23. Compliance with Law. The Parties hereto shall comply with all applicable Federal, State and local laws, rules, and regulations. In the event that there is a discrepancy between the District’s COVID-19 policy and other local COVID-19 policies, the City agrees to comply with the District’s policies and procedures related to COVID-19 as applicable to use of the Facility, unless the City has a stricter policy, in which case the City policy will apply for its Programs. [Signatures on next page.]
-9-
James Logan HS Tennis Complex Rev. 11/14/2022
IN WITNESS WHEREOF, the New Haven Unified School District of Alameda County, State of California, by the President and Clerk, duly authorized by Resolution No. _______________ of the Board of Education, and the City of Union City, by its City Manager, thereunto duly authorized by Resolution No. ______________ of its City Council, have caused this Agreement to be executed as of the day and year first above written.

NEW HAVEN UNIFIED SCHOOL DISTRICT,
a California public school district

CITY OF UNION CITY,
a municipal corporation
By: By:

President, Board of Education City Manager
By: Attest:

Clerk, Board of Education City Clerk
Approved:

City Attorney
-10-
James Logan HS Tennis Complex Rev. 11/14/2022

EXHIBIT A
Depiction of the Facility
-11-
James Logan HS Tennis Complex Rev. 11/14/2022

EXHIBIT B
Depiction of Tennis Court Numbering
405-5/6483228.1
5245429.1
-1-
Dan Oden Swim Complex Rev. 11/14/2022

JOINT USE AGREEMENT FOR COMMUNITY RECREATION FACILITIES

BETWEEN THE NEW HAVEN UNIFIED SCHOOL DISTRICT

AND THE CITY OF UNION CITY
(Dan Oden Swim Complex)
THIS JOINT USE AGREEMENT for Community Recreation Facilities, (this “Agreement”) is made and entered into this _____ day of _________, ____, by and between the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district, (the “District”) and the CITY OF UNION CITY, a California municipal corporation, (the “City”). The District and the City may be referred to herein individually as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties hereto agree as follows:

1. Facility. Pursuant to the terms of this Agreement, the District grants City the right to use the swimming pool complex located at James Logan High School, 1800 H Street, Union City, CA 94587, including the Ticket Office, Snack Bar, and Storage Room (together referred to as the “Facility”), as depicted in Exhibit A attached hereto and incorporated herein. District also grants City the right to use those auxiliary facilities and fixed equipment at the Facility, including but not -2-
Dan Oden Swim Complex Rev. 11/14/2022
limited to bathrooms, parking lots, shower and dressing rooms, bleacher seats, and athletic apparatus, as applicable. District shall also provide City access to a telephone line and internet connection in the ticket office of the Facility.

3. School-Year Use Schedule. During the period from the first day of District’s school classes (typically early August) to the last day of District’s school classes (typically late May), the Parties shall schedule the City’s use of the Facility in accordance with the following:
a) By October 1 of each year, City shall submit to District a proposed schedule of City’s use of the Facility for the following year (e.g., City would submit a proposed schedule for the 2022- 2023 year by October 1, 2021.). The proposed schedule should be submitted to the District’s Designated Representative (defined herein). City and District shall then meet to discuss the proposed schedule and shall create a finalized schedule by March 1 of the following year (e.g., if the proposed schedule was submitted October 1, 2021, the schedule would be finalized by March 1, 2022.). The District will provide an estimate of fees with finalized schedule. For events that cannot be planned in advance, City shall submit a request to use the Facility to District at least thirty (30) days prior to the requested use date, and District shall make all reasonable efforts to accommodate such requests and provide a response to the specific request within two (2) weeks of submittal.

The chart below shows an example of the timeline for school year 2022-2023. The example below is for illustration purposes only.

City Submits Permit
Request to District For
Upcoming Permit Period
City Submits Finalized
Permit Request Schedule
and District Approves
Permits, Confirms Schedule
and Provides City Estimate
of Fees
Annual District Permit
Period (School Year)
October 1, 2021 March 1, 2022
[Note: The District will bill the
City based on the dates set
forth in the final March 1
schedule.]
August 2022 through May
2023
[Note: The month-span for
the school year period is
subject to change based on
the District’s then-current
school calendar.]
b) The Parties acknowledge and agree that District will not grant use of the Facility to City at times when the Facility is needed for District-sponsored or District-related activities. -3-
Dan Oden Swim Complex Rev. 11/14/2022
c) If the District needs to revoke any portion of an approved use permit, the City will be given at least thirty 30 days advance notice.
d) In the event that the District hosts recreational swim or lap swim times at the Facility that are open to the general public, City employees may participate at no charge provided that they provide appropriate identification.

4. Summer Use Schedule. During the period from the day after the last day of District’s school classes (typically late May) to the day before the first day of District’s school classes (typically early August), the Parties shall schedule the City’s use of the Facility in accordance with the following:
a) City shall have exclusive use of the Facility, except that:
i. District groups and teams that require daily use of the Facility during the period set forth above shall submit their schedules to the City’s Designated Representative by February 1 st of each year. All District groups and teams that timely submit such schedules shall be entitled to exclusive use of the Facility during their scheduled times. The City and the District shall then meet to discuss the proposed schedule and shall create a finalized schedule by March 1.

The chart below shows an example of the timeline for school year 2022-2023. The example below is for illustration purposes only.

District Submits Exclusive
Use Requests to City
Summer Permit Period
District and City Confirm
Schedule of District’s
Exclusive Use During
Summer Permit Period
City Summer Permit Period
February 1, 2022 March 1, 2022 June 2022 - August 2022
ii. City shall provide District with up to a daily two (2) hour period of shared use to accommodate use by District programs, including but not limited to athletic camps, school clubs, and other school activities. District-organizations desiring to share use of the Facility during the daily two (2) hour period must submit the City’s “Use of Union City Facility” form to reserve the Facility during the daily period. District-organizations may use the Facility without charge.
b) During the periods when City has the exclusive use of the Facility, the City may schedule use in accordance with its own policies and procedures. c) For events that cannot be planned in advance and for which the District’s need exceeds its daily 2 hour use period, District groups shall submit a request to use the Facility to the City at least thirty (30) days prior to the requested use date, and the City shall make all reasonable efforts to accommodate such requests and provide a decision of the request within two (2) weeks of submittal.
-4-
Dan Oden Swim Complex Rev. 11/14/2022
d) In the event that the City hosts recreational swim or lap swim times at the Facility that are open to the general public, District employees may participate at no charge provided that they provide appropriate identification.

5. Fees.
a) The District shall pay Operational Costs for the Facility based on an hourly rate during the District’s school year and based on a daily rate during the summer months and shall bill the City for its prorated share. “Operational Costs” shall include the actual costs for labor hours for cleaning and maintaining the Facility; electrical consumption; gas consumption; water consumption; chemical consumption; restroom supplies; waste management; and pest management. b) During the regular school year, the City’s prorated share shall be predicated on the number of hours the City uses the Facility. To calculate the hourly rate, the District will first take the Operational Costs of the regular school year and divide this amount by the total number of days in the regular school year, resulting in a daily rate. The hourly rate for Operational Costs will be derived by dividing the daily rate by the average number of facility hours used during the year. For example, if the facility is used on average 7 am – 10 pm (15 hours) the daily rate will be divided by 15 hours to establish an hourly rate. The number of days the City uses in the regular school year is defined in the schedule finalized in March of the following year, as illustrated in Section (3)(a) above. The District will then multiply the number of hours used by the hourly rate to determine the City’s share of Operational Costs during the regular school year. Any third-party users using the Facility at the same time as the City shall be included in the calculation of the prorated share. c) During the summer period, the City’s prorated share shall be predicated on the number of days the City uses the Facility. To calculate the daily rate for the summer period, the District will first take the Operational Costs of the summer period and divide this amount by the total number of days in the summer period, resulting in a daily rate. The number of days in the summer period is defined in the agreed upon schedule, as illustrated in Section 4(a)(i) above. The District will then multiply the number of days used by the daily rate to determine the City’s share of Operational Costs during the summer period. Further, the City’s share will be reduced pro rata by four (4) hours, for when the District intends to use the Facility on a daily basis during the summer period.
d) The District will calculate the total annual Operational Costs on a fiscal year (JulyJune) basis. For budget planning purposes, a preliminary invoice will be provided to the City by August 31st each year for the current school year, based on the previous year’s actual cost. For example, the 2021-22 preliminary invoice will be based on 2020-21 actual cost. By July 31st of the following year, an adjusted, final invoice reflecting actual costs will be issued.
-5-
Dan Oden Swim Complex Rev. 11/14/2022
e) The District will invoice the City in accordance with the above, and the City shall pay all undisputed amounts of such invoices within thirty (30) days.

8. Maintenance. The District shall keep and maintain the pool complex and fixed equipment constituting the Facility in good and safe condition and repair. City shall participate in major necessary repair cost in proportion to the City’s use of the Facility, as set forth in Sections 3, 4, and 5 provided that it is deemed that said repair cost benefits both Parties to this Agreement. For non-routine maintenance costs, the District and the City will consider the City’s pro-rata share, as set forth in Section 5 above, from the previous five (5) years to negotiate the appropriate pro-rata share for such costs. The City’s share for non-routine maintenance costs shall not exceed fifty percent (50%) of the amount for non-routine maintenance costs. With the exception of emergencies, the District will provide City with at least thirty (30) days’ notice of any non-routine maintenance costs and significant swim complex maintenance issues that could require the cancelling or modifications of City scheduled programs.

9. Damage to Facility. City shall be responsible for any and all damages to the Facility and surrounding property which may be incurred as a proximate cause of any activity conducted by City, except for property damage for which the District has coverage under any of its fire and extended coverage insurance policies. If damage to the Facility occurs during a period of joint use of the Facility and the Parties cannot immediately agree which Party’s activity was the proximate cause of such damage, the Parties shall comply with the Conflict Resolution procedures set forth herein. City shall not be responsible for damage caused by the normal wear and tear of the Facility.

12. Insurance.

City shall provide to District certificates of public liability insurance and property damage insurance in not less than the following amounts:

Bodily Injury Liability $1,000,000 each occurrence
Bodily Injury Liability $1,000,000 aggregate
Property Damage Liability $1,000,000 each occurrence
Property Damage Liability $1,000,000 aggregate
City shall provide to District a current and valid Certificate of Insurance naming the District as an additional insured in said public liability and property damage insurance policy. Said public liability insurance shall be placed with admitted insurers in California with a rating of “A” or better from the current Best Rating Guide.

13. Notice. Any notice required or permitted to be given under this Agreement, including but not limited to invoices and/or payments, shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, to the addresses of the respective Parties as set forth below:

15. Termination. This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice.

16. Exclusions. This Agreement shall supersede any and all previous Agreements entered into between the City and the District regarding the use of the Facility.

17. Designated Representative. The “Designated Representative” for the District shall be the Director of Maintenance, Operations & Transportation and for the City shall be the Community & Recreation Services Director District shall supply keys to the Facility to the City’s Designated Representative as may be deemed necessary.

19. Personnel. City shall be solely responsible for the hiring and termination of its own personnel necessary to conduct its Programs held at the Facility pursuant to this Agreement.

20. Amendments. This Agreement may only be modified or changed by written amendment thereto executed by both the City and the District.

22. Conflict Resolution.
a) Except in the event of City’s failure to comply with applicable laws, rules, and regulations as required by the Compliance with Law section herein, notwithstanding any disputes between District and City hereunder or in connection with the Facility, City and District shall each continue to perform their respective obligations hereunder pending a subsequent resolution of such disputes. b) In the event of a dispute or conflict between the Parties regarding this Agreement, the Parties shall first informally meet and confer and attempt to negotiate a settlement of the controversy at issue.
-8-
Dan Oden Swim Complex Rev. 11/14/2022
c) If a dispute or conflict remains unresolved after an informal meeting of the Parties, the conflict or dispute shall be submitted for resolution by non-binding mediation conducted under the auspices of the American Arbitration Association (“AAA”). The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either Party commencing arbitration proceedings as described in the subsection below. d) All claims, disputes or other matters in controversy between the Parties arising out of or pertaining to this Agreement which are not fully resolved through the mandatory mediation set forth in the subsection above shall be settled and resolved by binding arbitration conducted under the auspices of the AAA. The award rendered by the Arbitrator(s) shall be final and binding upon the Parties. In connection with any arbitration proceeding commenced hereunder, the discovery rights and procedures provided for in California Code of Civil Procedure § 1283.05 shall be applicable, and the same shall be deemed incorporated herein by this reference.

23. Compliance with Law. The Parties hereto shall comply with all applicable Federal, State and local laws, rules, and regulations. In the event that there is a discrepancy between the District’s COVID-19 policy and other local COVID-19 policies, the City agrees to comply with the District’s policies and procedures related to COVID-19 as applicable to use of the Facility, unless the City has a stricter policy, in which case the City policy will apply for its Programs. [Signatures on next page.]
-9-
Dan Oden Swim Complex Rev. 11/14/2022
IN WITNESS WHEREOF, the New Haven Unified School District of Alameda County, State of California, by the President and Clerk, duly authorized by Resolution No. _______________ of the Board of Education, and the City of Union City, by its City Manager, thereunto duly authorized by Resolution No. ______________ of its City Council, have caused this Agreement to be executed as of the day and year first above written.

NEW HAVEN UNIFIED SCHOOL DISTRICT,
a California public school district

CITY OF UNION CITY,
a municipal corporation
By: By:

President, Board of Education City Manager
By: Attest:

Clerk, Board of Education City Clerk
Approved:

City Attorney
-10-
Dan Oden Swim Complex Rev. 11/14/2022

EXHIBIT A
Depiction of the Facility
5245432.1
405-5/6483225.1
-1-
District Buses Joint Use Agreement Rev. 11/10/2022

DISTRICT BUSES JOINT USE AGREEMENT

BETWEEN THE NEW HAVEN UNIFIED SCHOOL DISTRICT

AND THE CITY OF UNION CITY
(District Buses)
THIS DISTRICT BUSES JOINT USE AGREEMENT for Community Recreation Facilities, (this “Agreement”) is made and entered into this _____ day of _________, ____, by and between the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district, (the “District”) and the CITY OF UNION CITY, a California municipal corporation, (the “City”).

The District and the City may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, Division 1, Part 7, Chapter 10 (Sections 10900 et seq.) of the Education Code of the State of California (“Chapter 10”), authorizes and empowers public school districts and cities to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of this State, and authorizes and empowers public authorities to cooperate with each other to carry out the purposes of Chapter 10, and to that end to enter into agreements with each other, and to do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of Chapter 10; and
WHEREAS, the City and the District have a common interest in providing school and community instructional and recreational programs for the students of the District and residents of the City, and have therefore entered into a Master Joint Use Agreement regarding the Parties’ shared facilities. This Agreement is an Exhibit to the Master Joint Use Agreement and is governed by the terms therein as well the specific terms set forth in this Agreement; and WHEREAS, this District buses joint use agreement will benefit the students in the District and residents of the City, providing use of busing transportation of interest to both parties; and WHEREAS, the City and the District have found that it will be in the public interest, economically and practically, to cooperate with regard to the use of the Buses (defined herein), and therefore desire to enter into this Agreement pursuant to Education Code sections 10900 et seq.

NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties hereto agree as follows:

1. Buses.
a) Pursuant to the terms of this Agreement, the District grants City the right to use certain District buses (“Buses”) during the period from the day after the last day District’s school is in session (typically early-June) to the day before the first day District’s school in session (typically early-August) (“Annual Use Period”).
-2-
District Buses Joint Use Agreement Rev. 11/10/2022
b) By October 1 of each year, City shall inform District of the specific number of Buses that City desires to use during the following Annual Use Period (e.g., City would submit the specific number of Buses for the 2022 Annual Use Period by October 1, 2021.). The proposed number of Buses should be submitted to the District’s Designated Representative (defined herein).

City and District shall then meet to discuss the proposed number of Buses and shall agree to a final number of Buses by January 30 of the following year (e.g., if the proposed number was submitted October 1, 2021, the final number would be determined by January 30, 2022.). c) The Parties expressly acknowledge that the number of Buses needed by the City, and the specific Buses made available by the District, may change from year to year. As such, annually after the January 30 determination of the final number of Buses to be granted to the City for the following Annual Use Period, the Parties will execute an Exhibit to this Agreement that sets forth the specific Buses to be used by the City that year. The execution of such Exhibits shall not be considered an amendment to this Agreement and shall not require approval of the Parties’ Governing Boards.

2. Use. Subject to the limitations herein, the City may use the Buses for transportation needs related to its recreation programs (“Programs”), meaning the activities and programs under the supervision of the City that promote youth, school, or community recreation activities. City’s Programs shall prioritize the activities of school-age children but may also include adult activities.

City’s use of the Buses shall not interfere with the regular conduct of District’s usual activities or business. The cost of maintaining and conducting the Programs shall be borne solely by City.

3. Fees. By January 30 of each year, the District shall provide City with an estimated quote for the cost to use the final number of Buses determined to be granted to the City for the following use period (“Annual Use Fee”). The District shall invoice the City the Annual Use Fee, mileage and any repairs for damage. City shall annually pay such Annual Use Fee within thirty (30) days of the conclusion of the Annual Use Period. The Parties expressly acknowledge that the Annual Use Fee may change from year to year depending on the specific Buses to be used by the City for the corresponding Annual Use Period.

4. Personnel. The Buses may be operated only by (i) active District bus drivers or (ii) former (e.g., retired) District bus drivers, and/or licensed bus drivers employed by the City of Union City.

The City may hire any qualified, state licensed commercial bus driver with the required licenses, training, insurance coverage and endorsements, provided seasonal hiring priority will be given to current District bus drivers. For clarity and the avoidance of doubt, the City may only hire bus drivers that meet the legal requirements applicable to drivers of District School Buses.

5. Condition of Buses. District shall provide City with Buses that meet the standards established by the laws and regulations of the State of California, including but not limited to the California Vehicle Code. District shall keep and maintain all Buses in good operating and running condition and in a clean and satisfactory condition. District shall ensure that all Buses are at all times properly certified by the California Highway Patrol

6. Maintenance. City shall be solely responsible for routine general maintenance of the -3-
District Buses Joint Use Agreement Rev. 11/10/2022
Buses during the Annual Use Period. The District shall be responsible for the general maintenance of the Buses at all times outside of the Annual Use Period and shall be responsible for all repair of the Buses that is necessitated by reasons unrelated to the City’s use of the Buses during the Annual Use Period. Both Parties shall keep the Buses in good repair and condition.

7. Damage to Buses. City shall be responsible for any and all damages to the Buses and surrounding property which may be incurred as a proximate cause of any activity conducted by City. City shall not be responsible for damage caused by the normal wear and tear of the Buses.

City shall inform District of any dangerous conditions related to the Buses, and District shall notify the City of any damage to the Buses caused by City as soon as reasonably possible and shall provide the City an itemized bill of the cost(s) for the replacement and/or repair of such damaged property. Any repair costs for which the City is responsible will be included in the final invoice issued to the City by the District for the Annual Use Period.

8. Alterations and Improvements. No alteration or improvements shall be made to the Buses by the City without the prior written consent of the District.

9. Hold Harmless.
a) City shall indemnify and hold harmless the District, its trustees, officers, officials, employees, agents and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with City’s use of the Buses, any actions or inactions by the bus drivers directly hired by the City, or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the City, except where caused by the active, negligence, sole negligence, or willful misconduct of the District.
b) District shall indemnify and hold harmless the City, its trustees, officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of or in connection with the District’s use of the Buses or its performance of its obligations contained in this Agreement caused in whole or in part by any negligent act or omission of the District, except where caused by the active, negligence, sole negligence, or willful misconduct of the City.

10. Insurance.

City shall provide to District certificates of public liability insurance and property damage insurance in not less than the following amounts:

Bodily Injury Liability $1,000,000 each occurrence
Bodily Injury Liability $1,000,000 aggregate
Property Damage Liability $1,000,000 each occurrence
Property Damage Liability $1,000,000 aggregate
Auto Liability $1,000,000 each occurrence
Auto Liability $1,000,000 aggregate
-4-
District Buses Joint Use Agreement Rev. 11/10/2022
City shall provide to District a current and valid Certificate of Insurance naming the District as an additional insured in said public liability and property damage insurance policy. Said public liability insurance shall be placed with admitted insurers in California with a rating of “A” or better from the current Best Rating Guide.

TO DISTRICT: Transportation Department
New Haven Unified School District
3636 Smith Street
Union City, CA 94587
TO CITY: City of Union City – Community &
Recreation Services Department
34009 Alvarado Niles Road
Union City, CA 94587

13. Termination. This Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice. In the event that this Agreement is terminated after the City has paid the Annual Use Fee but before the Annual Use Period has expired, District shall proportionally refund City in an amount calculated by dividing the Annual Use Fee by the number of days in the Annual Use Period and then multiplying that result by the number of days remaining in the Annual Use Period at the time of early termination.

14. Exclusions. This Agreement shall supersede any and all previous Agreements entered into between the City and the District regarding the use of the Buses.

15. Designated Representative. The “Designated Representative” for the District shall be the Director of Maintenance, Operations & Transportation and for the City shall be Director of Community & Recreation Services. District shall supply keys to the Buses to the City’s Designated Representative as may be deemed necessary.

16. Amendments. This Agreement may only be modified or changed by written amendment thereto executed by both the City and the District. As stated above, annual execution of the Exhibits (which will describe the specific Buses to be used by the City for the corresponding Annual Use Period) shall not constitute an amendment to this Agreement. -5-
District Buses Joint Use Agreement Rev. 11/10/2022

18. Conflict Resolution.
a) Except in the event of City’s failure to comply with applicable laws, rules, and regulations as required by the Compliance with Law section herein, notwithstanding any disputes between District and City hereunder or in connection with the Buses, City and District shall each continue to perform their respective obligations hereunder pending a subsequent resolution of such disputes.
b) In the event of a dispute or conflict between the Parties regarding this Agreement, the Parties shall first informally meet and confer and attempt to negotiate a settlement of the controversy at issue.
c) If a dispute or conflict remains unresolved after an informal meeting of the Parties, the conflict or dispute shall be submitted for resolution by non-binding mediation conducted under the auspices of the American Arbitration Association (“AAA”). The commencement and completion of mediation proceedings pursuant to the foregoing is a condition precedent to either Party commencing arbitration proceedings as described in the subsection below. d) All claims, disputes or other matters in controversy between the Parties arising out of or pertaining to this Agreement which are not fully resolved through the mandatory mediation set forth in the subsection above shall be settled and resolved by binding arbitration conducted under the auspices of the AAA. The award rendered by the Arbitrator(s) shall be final and binding upon the Parties. In connection with any arbitration proceeding commenced hereunder, the discovery rights and procedures provided for in California Code of Civil Procedure § 1283.05 shall be applicable, and the same shall be deemed incorporated herein by this reference.

19. Compliance with Law. The Parties hereto shall comply with all applicable Federal, State and local laws, rules, and regulations. In the event that there is a discrepancy between the District’s COVID-19 policy and other local COVID-19 policies, the City agrees to comply with the District’s policies and procedures related to COVID-19 as applicable to use of the Buses, unless the City has a stricter policy, in which case the City policy will apply. [Signatures on next page.]
-6-
District Buses Joint Use Agreement Rev. 11/10/2022
IN WITNESS WHEREOF, the New Haven Unified School District of Alameda County, State of California, by the President and Clerk, duly authorized by Resolution No. _______________ of the Board of Education, and the City of Union City, by its City Manager, thereunto duly authorized by Resolution No. ______________ of its City Council, have caused this Agreement to be executed as of the day and year first above written.

NEW HAVEN UNIFIED SCHOOL DISTRICT,
a California public school district

CITY OF UNION CITY,
a municipal corporation
By: By:

President, Board of Education City Manager
By: Attest:

Clerk, Board of Education City Clerk
Approved:

City Attorney
-7-
District Buses Joint Use Agreement Rev. 11/10/2022

EXHIBIT A
Description of Buses for 2022 Annual Use Period
[State number of buses to be used by City and any identifying information, such as license plate, etc.]
District Signature: _____________________ Title: _______________________

City Signature: ________________________Title: _______________________ -8-
District Buses Joint Use Agreement Rev. 11/10/2022

EXHIBIT B
Description of Buses for 2023 Annual Use Period
[State number of buses to be used by City and any identifying information, such as license plate, etc.]
District Signature: _____________________ Title: _______________________ City Signature: ________________________ Title: _______________________ -9-
District Buses Joint Use Agreement Rev. 11/10/2022

EXHIBIT C
Description of Buses for 2024 Annual Use Period
[State number of buses to be used by City and any identifying information, such as license plate, etc.]
District Signature: _____________________ Title: _______________________ City Signature: ________________________ Title: _______________________ -10-
District Buses Joint Use Agreement Rev. 11/10/2022

EXHIBIT D
Description of Buses for 2025 Annual Use Period
[State number of buses to be used by City and any identifying information, such as license plate, etc.]
District Signature: _____________________ Title: _______________________ City Signature: ________________________ Title: _______________________ -11-
District Buses Joint Use Agreement Rev. 11/10/2022

EXHIBIT E
Description of Buses for 2026 Annual Use Period
[State number of buses to be used by City and any identifying information, such as license plate, etc.]
District Signature: _____________________ Title: _______________________ City Signature: ________________________ Title: _______________________ 405-5/6482051.1
5170989.3
I
'
'
I
'
'
I
PORTIONS OF TRACT 4529 / /
AS SHOWN ON 127M31 / . /
I
I
I
I
I
) - /
,
...___
...___
I
I
I
'
'
// /,,
I I
I
I
I
I
I
I
I
I
_J_
I
!-
I
--·
I
I
---
=-------------�,
PORTIONS OF TRACT 4529
AS SHOWN ON 127M31
I
I
I
I
I
I
\
'
\
I
I
/
I
'
'
'
"'
'
'
I
I
I
'
I
'
'
I
"' '
I
�
'
"'
I
'
'
'
I
'
'
I
, , ------------
'
'
...___
-....._
-....._
-....._
"' '
'
"' '
PORTIONS OF TRACT 4529
AS SHOWN ON 127M31

PROPOSED SCHOOL
PARCEL=5.40 ACRES
"CITY OF UNION CITY"
AS SHOWN ON 127M31
"'
'\_
'
"' '\_
'
'
"" '
'\_
'
"'
', "<
\· '\_
/
I y
'
/ I
'
/ ,
'
\
/
/
/
/

PORTIONS OF
[BLOCK] 10

AS SHOWN ON
118M33
- '
-...........
------
-
-
---------------------------
----- -�
... ---__ / ------
-----
------
-----
(
------
--·,.., --------

PROPOSED CITY PARK
PARCEL=2.19 ACRES
=
V: 15" \ ,r
.
( �"
I
•
\
I'>
•
I
/
I
\
I
I
-
\
\
I
\
[LOT] 182
IN [BLOCK] 9
";" 4.6425 AC.
,I. AS SHOWN ON
118M33
/
-
\
\
\
-
0 EXISTING SECURITY

CHAINLINK FENCE
\
\
;v
\
,,,,-----
/ , , \ I ,
,
'
\
,/
/ \
' PORTIONS OF TRACT 4529
\
\
\
\
\
/
\1
1 ��N!5f:

AS SHOWN
ON 127M31
\
I
'
\
\
'
'
\
'
'
\
y
/
,
, AS SHOWN ON 127M31
/ \
'
' // \
\
,
/
/
I
I
\
I
I
\
I
I
\
I
I
\
I
I

PORTIONS OF
[BLOCK] 8

AS SHOWN ON
118M33
\
\
\
\
I
\
I
I
\
\
\
I
I
\
I
'
\
/
,
, /
/
/
/
/
4D D 2D
�---� •••• I
,
,

GRAPHIC SCALE
4D 8D
I I
( IN FEET )
1 inch = 40 ft.

LAND
II-- Ros,-
-ic (..j � <?- 0
:::; � Exp. 12-31-22 � :%1
"- No. 6395 ,._
OF CAL
16D
I
0 I I I I
(/)
z
G:i
a:

D I
"" I
I
I

0...
<
;:::;:

E-<
z
�
;:::;:

E-<
r:n
:=i
i:::i
<
�
z
E-<
0 ...a
�
z
�
E-<
I I
I I
Date 11-18-2022
" o· Scale 1 =4
Design By: FR
Checked: FR
Job J22035
Sheet
Cl .0
D
R
A
F
T
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com

UNDERWOOD&
(408) 453-1222
DRAFT
ROSENBLUM, INC. civil engineers and surveyors
1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com

UNDERWOOD&
D
(408) 453-1222
RAFT

Union City City CouncilDecember 6, 2022

Union City City Council
December 6, 2022