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use of fields – corvallis and los alisos - City of Norwalk

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<strong>City</strong> Council April 19, 2011NLMUSD Use Agreements Page 2liners. The <strong>City</strong> budgets $16,789 for the season which covers February to May <strong>and</strong>September to November (approximately seven (7) months).The new draft states that this agreement would be for seven (7) years <strong>and</strong> thenautomatically be extended on an annual basis. The agreement also states that the <strong>City</strong>shall maintain the <strong>fields</strong>. It no longer mentions the District having any field maintenanceresponsibilities. This makes it unclear as to who would prep the <strong>fields</strong> if the Districtrented the <strong>fields</strong> out to a party other than the current Little League. The new agreementalso requires the <strong>City</strong> to maintain the Corvallis baseball <strong>fields</strong> for 12 months per year,whereas the existing agreement is only during the Little League season. The newagreement also eliminates that the cla<strong>use</strong> that required the District to pay the <strong>City</strong> 1/20 th<strong>of</strong> the <strong>City</strong>’s cost to install the baseball <strong>fields</strong> <strong>and</strong> related equipment for each yearremaining on the term if the District terminates the agreement during the first 20 years.If the District cancelled the agreement today, under the current agreement, the <strong>City</strong>would receive approximately $40,800 from the District.Under the new draft, a 12 month maintenance schedule for Corvallis Middle School<strong>fields</strong>, the <strong>City</strong> is looking at the following increases:1. Mowing $1,6252. Routine Maintenance $6,4143. Supplies $1,525Increased budget for Corvallis Middle School would be approximately $9,564.Los Alisos Agreement:The Los Alisos Middle School agreement expires June 16, 2015. It allows the girlss<strong>of</strong>tball league to <strong>use</strong> the four s<strong>of</strong>tball <strong>fields</strong> located on its site. The <strong>City</strong>’s maintenanceroutine is similar to Corvallis in that staff provides infield mix, grass seed, fertilizer, topsoil, repair or replacement <strong>of</strong> home plates, pitching rubbers, base anchors, <strong>and</strong>replacement <strong>of</strong> irrigation parts. During the season, staff also picks up litter around <strong>and</strong>inside the baseball <strong>fields</strong> <strong>and</strong> pulls trash liners. However, staff does not mow at LosAlisos, there are no outfield fences that separate the <strong>fields</strong> from the general school fieldarea. The <strong>City</strong> budgets $13,979 for the season which covers February to May <strong>and</strong>September to November (approximately seven (7) months).The new draft states that this agreement would be for five (5) years <strong>and</strong> then the <strong>City</strong>has an option to extend for an additional five (5) year term by providing a written noticeto the District. This agreement is also more maintenance specific under Sections 5 <strong>and</strong>6.


<strong>City</strong> Council April 19, 2011NLMUSD Use Agreements Page 4Increased total budget for Los Alisos would be approximately $37,989* (includes onetimecosts).SummaryThe <strong>City</strong> currently facilitates Little League <strong>and</strong> girls s<strong>of</strong>tball <strong>use</strong> <strong>of</strong> ball <strong>fields</strong> at Districtproperties. The <strong>City</strong> does not receive any economic benefits for the scheduling <strong>and</strong>coordination. The District is now requiring that it undertake the scheduling <strong>of</strong> the <strong>fields</strong>,but pass all the costs on to the <strong>City</strong>. The proposed agreement will increase the <strong>City</strong>’sannual cost by $27,121. In addition, there are two items that are one-time purchases; a$7,000 water meter <strong>and</strong> the cost to slurry seal two parking lots at Los Alisos within 90days <strong>of</strong> the end <strong>of</strong> the agreement, which is currently estimated at $13,432.The <strong>City</strong> Council can accept these proposed new terms at a cost <strong>of</strong> $78,321, or cansave $30,768 annually if the District takes over full responsibility for the <strong>use</strong> <strong>of</strong> the twosites.Fiscal Impact:The combined existing budget for seasonal <strong>use</strong> <strong>of</strong> Corvallis <strong>and</strong> Los Alisos is $30,768.Based on the proposed agreements the budget would be increased by an additional$47,553, making the total cost for maintenance service at these two District ball <strong>fields</strong>$78,321.Citizens Advised: N/AStrategic Plan Vision/Strategy: Vision 5Recommended Action:Staff is seeking <strong>City</strong> Council direction on how to proceed with the draft <strong>use</strong> agreementsfor Corvallis Middle School <strong>and</strong> Los Alisos Middle School.Attachments:1. Current <strong>use</strong> agreement for Corvallis Middle School2. Draft <strong>use</strong> agreement for Corvallis Middle School3. Current <strong>use</strong> agreement for Los Alisos Middle School4. Draft <strong>use</strong> agreement for Los Alisos Middle School


RECREATION USE AGREEMENT BETWEENNORWALK-LA MIRADA UNIFIED SCHOOL DISTRICTANDCITY OF NORWALKFOR IDENTIFIED AREAS ATCORVALLIS MIDDLE SCHOOLTHIS AGREEMENT is entered into as <strong>of</strong> this ___ <strong>of</strong>_______ 2011, by <strong>and</strong>between the NORWALK-LA MIRADA UNIFIED SCHOOL DISTRICT, a public schooldistrict (hereinafter called “School District”) <strong>and</strong> the CITY OF NORWALK, a municipalcorporation (hereinafter called “<strong>City</strong>”), (hereinafter collectively referred to as “TheParties”).A. Recitals.Whereas, Chapter 10 <strong>of</strong> Division 1 (Section 10900 et seq.) <strong>of</strong> the EducationCode <strong>of</strong> the State <strong>of</strong> California authorizes <strong>and</strong> empowers each <strong>of</strong> the Parties toorganize, promote, <strong>and</strong> conduct programs <strong>of</strong> community recreation; to establishsystems <strong>of</strong> playgrounds <strong>and</strong> recreation centers <strong>and</strong> to acquire, improve, maintain, <strong>and</strong>operate centers within or without the territorial limits <strong>of</strong> the <strong>City</strong>; <strong>and</strong>Whereas, the governing body <strong>of</strong> each <strong>of</strong> the Parties is authorized to cooperatewith each other, to enter into agreements with each other, <strong>and</strong> to do any <strong>and</strong> all thingsnecessary or convenient to aid <strong>and</strong> cooperate in carrying out the purposes <strong>of</strong> Chapter10 <strong>of</strong> Division 1 <strong>of</strong> the Education Code; <strong>and</strong>Whereas, the <strong>City</strong> Council is aware <strong>of</strong> a need for programs <strong>of</strong> communityrecreation in the vicinity <strong>of</strong> Corvallis Middle School <strong>and</strong> has determined that the publicinterest will be served by <strong>City</strong> participation in the operation <strong>and</strong> financing <strong>of</strong> theprograms; <strong>and</strong>Whereas, the <strong>City</strong> in order to conduct such programs desires the <strong>use</strong> <strong>of</strong> realproperty <strong>and</strong> playgrounds owned by the School District located at Corvallis MiddleSchool; <strong>and</strong>Whereas, the School District has real property <strong>and</strong> grounds available for such<strong>use</strong>, <strong>and</strong> such <strong>use</strong> will not interfere with any other purpose <strong>of</strong> the School District;Pg. 1 <strong>of</strong> 9 Revised: February 9, 2011


Whereas, the <strong>City</strong> <strong>and</strong> the School District deem joint <strong>use</strong> <strong>of</strong> public property to bean efficient <strong>use</strong> <strong>of</strong> public assets <strong>and</strong> a value to the community;B. Agreement.NOW, THEREFORE, in consideration <strong>of</strong> the mutual covenants <strong>and</strong> conditionshereinafter contained, the Parties hereto do agree as follows:1. Usage.Use <strong>of</strong> the School District property described herein for communityrecreation programs by the <strong>City</strong> is limited to those <strong>use</strong>s permitted pursuant to Sections10900 to 10915 <strong>of</strong> the California Education Code. Any other <strong>use</strong> is prohibited.2. Premises.School District hereby authorizes <strong>City</strong> to <strong>use</strong> a portion <strong>of</strong> theCorvallis Middle School site during non-school hours after the school day <strong>and</strong> onweekends, but not in conflict with after-school activities <strong>of</strong> School District, in accordancewith the terms, covenants <strong>and</strong> conditions hereinafter set forth. Said authorization shallpertain to those areas subsequently described <strong>and</strong> hereafter collectively referred to asthe “Described Area”, (See Attachment B)3. Term.The term <strong>of</strong> this Agreement shall be for a period <strong>of</strong> five (5) yearsfrom the execution date <strong>of</strong> this Agreement. This Agreement may be terminated byeither party without ca<strong>use</strong>, upon one hundred <strong>and</strong> twenty (120) calendar days advancewritten notice to the other party <strong>of</strong> its intention to terminate.The <strong>City</strong> will have the option to extend the term for an additionalfive (5) year term by providing written notice to the School District <strong>of</strong> its election to soextend, at least one hundred <strong>and</strong> twenty (120) days prior to the expiration <strong>of</strong> theprevious term. In such event, all covenants <strong>and</strong> conditions herein agreed upon shall berenegotiated <strong>and</strong> adjusted to the mutual satisfaction <strong>of</strong> each party. Both Parties shallretain the right to terminate this Agreement as herein specified.4. Schedule.The School District Superintendent or designee <strong>and</strong> the <strong>City</strong>Manager <strong>of</strong> the <strong>City</strong> are hereby authorized <strong>and</strong> directed by the respective Parties todevelop necessary schedules via the School District’s scheduling system in connectionPg. 2 <strong>of</strong> 9 Revised: February 9, 2011


6. Repairs <strong>and</strong>/or Replacement.<strong>City</strong> shall, at its own expense, maintain in good <strong>and</strong> serviceablecondition the irrigation system servicing the sports <strong>fields</strong> within the Described Area. <strong>City</strong>further agrees to install a separate water meter for water supplying said irrigationsystem. <strong>City</strong> shall maintain all existing asphalt/concrete areas by properly sealing <strong>and</strong>/orreplacing said surfaces by seal <strong>and</strong>/or asphalt/concrete, as mutually agreed upon by the<strong>City</strong> <strong>and</strong> the School District. All asphalt in the Described Area will be re-slurried,properly sealed <strong>and</strong>/or replaced 90 days prior to the expiration <strong>of</strong> the term <strong>of</strong> thisAgreement <strong>and</strong> shall include restriping <strong>of</strong> pre-existing striping.7. Utilities.It is further agreed by the Parties that the <strong>City</strong> shall be responsiblefor direct costs <strong>of</strong> its operation <strong>of</strong> the Snack Bar which includes water, electrical, gas,custodial <strong>and</strong> trash service resulting from <strong>City</strong>’s <strong>use</strong>. <strong>City</strong> shall be responsible forproviding all expendable supplies <strong>and</strong> materials <strong>and</strong> shall furnish <strong>and</strong> compensate allpersonnel necessary to conduct the programs <strong>and</strong> activities provided by <strong>City</strong> pursuantto this Agreement.In addition the School District agrees to allow the <strong>City</strong> to operatethe Snack Bar that complies with all Health Department codes <strong>and</strong> regulations.8. Alterations.Except as expressly authorized herein, <strong>City</strong> shall make noalterations or additions on or to the sports <strong>fields</strong> within the Described Area without priorwritten approval by School District <strong>of</strong> all applicable plans, blue prints, or drawings. Allalterations within Described Area by either party shall be mutually agreed upon prior tocommencing work.Upon the termination <strong>of</strong> this Agreement, <strong>City</strong> shall be responsible,upon request <strong>of</strong> the School District, for the restoration <strong>of</strong> the sports <strong>fields</strong> within theDescribed Area to the condition existing at the commencement <strong>of</strong> this Agreement. Ifrequested by the School District, upon termination or expiration <strong>of</strong> this Agreement, <strong>City</strong>shall remove the Snack Bar <strong>and</strong> Storage Container <strong>and</strong> return the site to its originalcondition within one hundred <strong>and</strong> twenty (120) calendar days after vacating theproperty. If the School District does not exercise its option to require the <strong>City</strong> to removePg. 4 <strong>of</strong> 9 Revised: February 9, 2011


the Snack Bar <strong>and</strong> Storage Container, ownership <strong>of</strong> the same shall pass to the SchoolDistrict. <strong>City</strong> shall have the right to remove the Snack Bar <strong>and</strong> Storage Container at anytime while this Agreement is in effect at its sole cost <strong>and</strong> shall restore site to its originalcondition.9. Indemnification.<strong>City</strong> shall defend, indemnify <strong>and</strong> hold the School District, its<strong>of</strong>ficers, board members, employees, <strong>and</strong> volunteers harmless with respect to any <strong>and</strong>all damages or liabilities arising out <strong>of</strong>, or incurred in connection with or resulting fromthe activities <strong>of</strong> the <strong>City</strong> permitted hereby <strong>and</strong>/or the performance by <strong>City</strong> <strong>of</strong> itsobligations herein, including placement <strong>and</strong> <strong>use</strong> <strong>of</strong> the Snack Bar or Storage Containeron site. <strong>City</strong> shall assume all risks <strong>of</strong> damage or liability that may occur to the SnackBar <strong>and</strong> Storage Container or as a result <strong>of</strong> the presence <strong>of</strong> the Snack Bar <strong>and</strong> StorageContainer on the site. The <strong>City</strong>’s responsibility for damage to the Snack Bar <strong>and</strong>Storage Container shall not include responsibility for damage incurred as a direct result<strong>of</strong> School District employees or students <strong>of</strong> School District supervised by School Districtemployees during school hours or school activities.School District shall defend, indemnify <strong>and</strong> hold <strong>City</strong>, its <strong>of</strong>ficers,council members, employees, <strong>and</strong> volunteers harmless with respect to any <strong>and</strong> alldamages or liabilities arising out <strong>of</strong>, or incurred in connection with, School Districtactivities, or in the performance by School District <strong>of</strong> its obligations pursuant to thisAgreement.Both <strong>City</strong> <strong>and</strong> School District shall have the right to self insure forboth property <strong>and</strong> public liability insurance to the same extent that <strong>City</strong> or School Districtself insure for other <strong>City</strong> <strong>and</strong> School District property <strong>and</strong> operations.During the entire term <strong>of</strong> this Agreement <strong>and</strong> any extension there<strong>of</strong>,the School District <strong>and</strong> the <strong>City</strong> shall be under no obligation to repair or restore thewhole or any portion <strong>of</strong> any building or other structure on the Described Area or theSnack Bar <strong>and</strong> Storage Container which may be damaged or destroyed by reason <strong>of</strong>fire, earthquake, the elements or casualty.Pg. 5 <strong>of</strong> 9 Revised: February 9, 2011


10. Insurance.Both Parties shall maintain in full force <strong>and</strong> effect during the term <strong>of</strong>this Agreement, commercial general liability insurance, insuring each party againstliability as may arise pursuant to each party’s respective indemnity obligations pursuantto Section 9 herein. All commercial general liability insurance required hereunder shallbe in the minimum amount <strong>of</strong> $1,000,000 combined single limit. Both Parties shall havethe right to comply with this Section 10 by provision <strong>of</strong> self insurance.11. Surrender <strong>of</strong> Described Area.At the expiration or termination <strong>of</strong> this Agreement, <strong>City</strong> shallsurrender the Described Area including the sports <strong>fields</strong> <strong>and</strong> buildings, or portion <strong>of</strong>buildings authorized for <strong>City</strong> <strong>use</strong>, with the exception <strong>of</strong> the Snack Bar <strong>and</strong> StorageContainer located thereon, to School District in good condition <strong>and</strong> repair, subject onlyto reasonable wear <strong>and</strong> tear. Any removal <strong>of</strong> the Snack Bar <strong>and</strong> Storage Containershall be pursuant to the provisions <strong>of</strong> Section 8 herein.12. Notices.Any notice desired or required to be given hereunder may, at theoption <strong>of</strong> the party giving the same, be given by enc<strong>los</strong>ing the same in a sealedenvelope with postage prepaid in the United States mail. The addresses <strong>of</strong> the Partiesfor all such purposes are as follows:School District:<strong>City</strong>:<strong>Norwalk</strong>-La Mirada Unified School District<strong>City</strong> <strong>of</strong> <strong>Norwalk</strong>12820 Pioneer Boulevard 12700 <strong>Norwalk</strong> Boulevard<strong>Norwalk</strong>, California 90650 <strong>Norwalk</strong>, California 90650Attn: SuperintendentAttn: <strong>City</strong> Manager13. Severance.If any section, subsection, sentence, cla<strong>use</strong>, article, phrase,paragraph or other portion <strong>of</strong> this Agreement is for any reason held to be invalid orunconstitutional by a decision <strong>of</strong> any court <strong>of</strong> competent jurisdiction, such decision shallnot affect the validity <strong>of</strong> the remaining portions <strong>of</strong> this Agreement, <strong>and</strong> such remainingportions shall remain in full force <strong>and</strong> effect.Pg. 6 <strong>of</strong> 9 Revised: February 9, 2011


14. Headings.The article <strong>and</strong> paragraph headings contained herein are forconvenience <strong>and</strong> reference <strong>and</strong> are not intended to define or limit the scope <strong>of</strong> anyprovision <strong>of</strong> this Agreement.15. Entire Agreement.This Agreement, together with all attachments, constitutes theentire agreement between the Parties with respect to the subject matter herein. Norepresentation or promise, express or implied, verbal or written, not set forth herein,shall be binding or have any force effect.WHEREFORE, the Parties hereto have executed this Agreement as <strong>of</strong> the day<strong>and</strong> year first above written.NORWALK-LA MIRADAUNIFIED SCHOOL DISTRICTByDr. Ruth PerezSuperintendentDateCITY OF NORWALKByMayorDateAPPROVED AS TO FORM:ByBy<strong>City</strong> AttorneyDistrict General CounselDateDateATTEST:By<strong>City</strong> ClerkDatePg. 7 <strong>of</strong> 9 Revised: February 9, 2011


ATTACHMENT ACORVALLIS MAINTENANCE SCHEDULEThe <strong>City</strong> <strong>of</strong> <strong>Norwalk</strong> shall have access for all routine maintenance from 7 a.m. to 5 p.m.,Monday through Friday.The <strong>City</strong> shall maintain a maintenance st<strong>and</strong>ard consistent with that <strong>of</strong> the <strong>City</strong>-ownedathletic facilities. The st<strong>and</strong>ard shall consist <strong>of</strong> the following:1. Routine mowing is performed every week or every other week, depending onenvironmental conditions <strong>and</strong> maintenance remediation work. Outfield mowing isto be completed by 9 a.m. on Wednesday. In<strong>fields</strong> are mowed on an “asneeded” basis between 7 a.m. <strong>and</strong> 5 p.m., Monday through Friday.2. Pesticide or herbicide applications to be applied in accordance with stateregulations on an “as needed” basis. Written notice <strong>of</strong> pesticide or herbicideapplications planned or reasonably expected must be provided to School Districtin advance <strong>of</strong> the school year to allow the school to comply with annualnotification requirements to parents.3. Routine irrigation is to be applied at a rate “not to exceed” the evapotranspirationrate <strong>of</strong> this climate zone for fescue. Additional irrigation may be applied for turfseed propagation.4. All athletic field striping is to be completed by <strong>City</strong> forces. Chalking or athleticfield painting (striping) is to be done on an “as need” basis to maintain a clearlydefined athletic field <strong>of</strong> play. Additional striping called for by the School Districtneeds to be submitted to the <strong>City</strong> <strong>of</strong> <strong>Norwalk</strong> Public Works Department (562)929-5511, one week prior to the date required.5. Trash is to be picked up <strong>and</strong> properly disposed <strong>of</strong> by 9 a.m. daily.6. Restrooms are to receive routine custodial services Monday through Friday by 9a.m.7. The <strong>City</strong> shall, at its own expense, maintain in good <strong>and</strong> serviceable conditionthe portable restrooms servicing the sports field, within the described area.8. Major renovation projects are to be coordinated between the School District <strong>and</strong>the <strong>City</strong>.9. In the event the <strong>City</strong> fails to maintain or repair the <strong>fields</strong> <strong>and</strong> restrooms within thedescribed area, after a reasonable written notice <strong>of</strong> such lack <strong>of</strong> maintenance orneeded repair, the School District at its sole discretion, may undertake anymaintenance or repair <strong>and</strong> <strong>City</strong> shall reimburse the School District for the costs <strong>of</strong>such repairs or maintenance within thirty (30) days <strong>of</strong> invoice.<strong>City</strong> <strong>of</strong> <strong>Norwalk</strong>Representative:Name:___________________________Signature: _______________________School DistrictRepresentative:Name:_______________________Signature: ____________________Pg. 8 <strong>of</strong> 9 Revised: February 9, 2011


ATTACHMENT BSITE MAPPg. 9 <strong>of</strong> 9 Revised: February 9, 2011


RECREATION USE AGREEMENT BETWEENNORWALK-LA MIRADA UNIFIED SCHOOL DISTRICTANDCITY OF NORWALKFOR IDENTIFIED AREAS ATLOS ALISOS MIDDLE SCHOOLTHIS AGREEMENT is entered into as <strong>of</strong> this ___ <strong>of</strong>_______ 2011, by <strong>and</strong>between the NORWALK-LA MIRADA UNIFIED SCHOOL DISTRICT, a public schooldistrict (hereinafter called “School District”) <strong>and</strong> the CITY OF NORWALK, a municipalcorporation (hereinafter called “<strong>City</strong>”), (hereinafter collectively referred to as “TheParties”).A. Recitals.Whereas, Chapter 10 <strong>of</strong> Division 1 (Section 10900 et seq.) <strong>of</strong> the EducationCode <strong>of</strong> the State <strong>of</strong> California authorizes <strong>and</strong> empowers each <strong>of</strong> the Parties toorganize, promote, <strong>and</strong> conduct programs <strong>of</strong> community recreation; to establishsystems <strong>of</strong> playgrounds <strong>and</strong> recreation centers <strong>and</strong> to acquire, improve, maintain, <strong>and</strong>operate centers within or without the territorial limits <strong>of</strong> the <strong>City</strong>; <strong>and</strong>Whereas, the governing body <strong>of</strong> each <strong>of</strong> the Parties is authorized to cooperatewith each other, to enter into agreements with each other, <strong>and</strong> to do any <strong>and</strong> all thingsnecessary or convenient to aid <strong>and</strong> cooperate in carrying out the purposes <strong>of</strong> Chapter10 <strong>of</strong> Division 1 <strong>of</strong> the Education Code; <strong>and</strong>Whereas, the <strong>City</strong> Council is aware <strong>of</strong> a need for programs <strong>of</strong> communityrecreation in the vicinity <strong>of</strong> Los Alisos Middle School <strong>and</strong> has determined that the publicinterest will be served by <strong>City</strong> participation in the operation <strong>and</strong> financing <strong>of</strong> theprograms; <strong>and</strong>Whereas, the <strong>City</strong> in order to conduct such programs desires the <strong>use</strong> <strong>of</strong> realproperty <strong>and</strong> playgrounds owned by the School District located at Los Alisos MiddleSchool; <strong>and</strong>Whereas, the School District has real property <strong>and</strong> grounds available for such<strong>use</strong>, <strong>and</strong> such <strong>use</strong> will not interfere with any other purpose <strong>of</strong> the School District;Pg. 1 <strong>of</strong> 9 Revised: February 9, 2011


Whereas, the <strong>City</strong> <strong>and</strong> the School District deem joint <strong>use</strong> <strong>of</strong> public property to bean efficient <strong>use</strong> <strong>of</strong> public assets <strong>and</strong> a value to the community;B. Agreement.NOW, THEREFORE, in consideration <strong>of</strong> the mutual covenants <strong>and</strong> conditionshereinafter contained, the Parties hereto do agree as follows:1. Usage.Use <strong>of</strong> the School District property described herein for communityrecreation programs by the <strong>City</strong> is limited to those <strong>use</strong>s permitted pursuant to Sections10900 to 10915 <strong>of</strong> the California Education Code. Any other <strong>use</strong> is prohibited.2. Premises.School District hereby authorizes <strong>City</strong> to <strong>use</strong> a portion <strong>of</strong> the LosAlisos Middle School site during non-school hours after the school day <strong>and</strong> onweekends, but not in conflict with after-school activities <strong>of</strong> School District, in accordancewith the terms, covenants <strong>and</strong> conditions hereinafter set forth. Said authorization shallpertain to those areas subsequently described <strong>and</strong> hereafter collectively referred to asthe “Described Area”, (See Attachment B)3. Term.The term <strong>of</strong> this Agreement shall be for a period <strong>of</strong> five (5) yearsfrom the execution date <strong>of</strong> this Agreement. This Agreement may be terminated byeither party without ca<strong>use</strong>, upon one hundred <strong>and</strong> twenty (120) calendar days advancewritten notice to the other party <strong>of</strong> its intention to terminate.The <strong>City</strong> will have the option to extend the term for an additionalfive (5) year term by providing written notice to the School District <strong>of</strong> its election to soextend, at least one hundred <strong>and</strong> twenty (120) days prior to the expiration <strong>of</strong> theprevious term. In such event, all covenants <strong>and</strong> conditions herein agreed upon shall berenegotiated <strong>and</strong> adjusted to the mutual satisfaction <strong>of</strong> each party. Both Parties shallretain the right to terminate this Agreement as herein specified.4. Schedule.The School District Superintendent or designee <strong>and</strong> the <strong>City</strong>Manager <strong>of</strong> the <strong>City</strong> are hereby authorized <strong>and</strong> directed by the respective Parties todevelop necessary schedules via the School District’s scheduling system in connectionPg. 2 <strong>of</strong> 9 Revised: February 9, 2011


with the <strong>City</strong>’s <strong>use</strong> <strong>of</strong> the Described Area pursuant to this Agreement which shall beconsistent with the above-stated purpose. Use <strong>of</strong> the Described Area for any otherpurpose shall require the specific approval <strong>of</strong> the School District.5. Maintenance <strong>and</strong> Operations Services.<strong>City</strong> agrees at its own expense, to maintain the parking lot <strong>and</strong>sports <strong>fields</strong> within Described Area in substantially the same condition as existed at thecommencement <strong>of</strong> this Agreement. Services provided by the <strong>City</strong> pursuant to thisparagraph shall include, but not be limited to:A. Mowing <strong>of</strong> the sports <strong>fields</strong> within the Described Area inaccordance with the <strong>City</strong>’s mowing st<strong>and</strong>ards <strong>and</strong> schedule.B. Any other maintenance activities agreed upon in writing bythe Parties’ representatives.C. Repair <strong>and</strong>/or replacement as necessary <strong>of</strong> <strong>City</strong> installedfences, bleachers, sports <strong>fields</strong> lighting, <strong>and</strong> other utilized equipment related to thesports <strong>fields</strong> within the Described Area in accordance with the Division <strong>of</strong> the StateArchitect regulations, as required to maintain the same in a safe condition for <strong>use</strong> by the<strong>City</strong> <strong>and</strong> the School District.D. Edging <strong>and</strong> general cleanup work, including periodictrimming <strong>of</strong> trees <strong>and</strong> shrubs in the Described Area, as required to insure the safe <strong>use</strong>by the <strong>City</strong> <strong>and</strong> the School District.E. <strong>City</strong> will establish an annual (July to June) schedule, setforth in writing, for l<strong>and</strong>scape maintenance to be performed within the Described Area,subject to approval by the School District, Assistant Superintendent <strong>of</strong> BusinessServices <strong>and</strong> the <strong>City</strong>’s Director <strong>of</strong> Public Works, or their designee. Each year’sschedule shall be attached hereto as Attachment A, <strong>and</strong> shall replace the prior year’sschedule <strong>and</strong> become part <strong>of</strong> this Agreement without further action <strong>of</strong> the Parties.6. Repairs <strong>and</strong>/or Replacement.<strong>City</strong> shall, at its own expense, maintain in good <strong>and</strong> serviceablecondition the irrigation system servicing the sports <strong>fields</strong> within the Described Area. <strong>City</strong>further agrees to install a separate water meter for water supplying said irrigationsystem. <strong>City</strong> shall maintain all existing asphalt/concrete areas by properly sealing <strong>and</strong>/orPg. 3 <strong>of</strong> 9 Revised: February 9, 2011


eplacing said surfaces by seal <strong>and</strong>/or asphalt/concrete, as mutually agreed upon by the<strong>City</strong> <strong>and</strong> the School District. All asphalt in the Described Area will be re-slurried,properly sealed <strong>and</strong>/or replaced 90 days prior to the expiration <strong>of</strong> the term <strong>of</strong> thisAgreement <strong>and</strong> shall include restriping <strong>of</strong> pre-existing striping.7. Utilities.It is further agreed by the Parties that the <strong>City</strong> shall be responsiblefor direct costs <strong>of</strong> its operation <strong>of</strong> the Snack Bar which includes water, electrical, gas,telephone, custodial <strong>and</strong> trash service resulting from <strong>City</strong>’s <strong>use</strong>. <strong>City</strong> shall beresponsible for providing all expendable supplies <strong>and</strong> materials <strong>and</strong> shall furnish <strong>and</strong>compensate all personnel necessary to conduct the programs <strong>and</strong> activities provided by<strong>City</strong> pursuant to this Agreement.In addition the School District agrees to allow the <strong>City</strong> to operatethe Snack Bar that complies with all Health Department codes <strong>and</strong> regulations.8. Alterations.Except as expressly authorized herein, <strong>City</strong> shall make noalterations or additions on or to the sports <strong>fields</strong> within the Described Area without priorwritten approval by School District <strong>of</strong> all applicable plans, blue prints, or drawings. Allalterations within Described Area by either party shall be mutually agreed upon prior tocommencing work.Upon the termination <strong>of</strong> this Agreement, <strong>City</strong> shall be responsible,upon request <strong>of</strong> the School District, for the restoration <strong>of</strong> the sports <strong>fields</strong> within theDescribed Area to the condition existing at the commencement <strong>of</strong> this Agreement. Ifrequested by the School District, upon termination or expiration <strong>of</strong> this Agreement, <strong>City</strong>shall remove the Snack Bar <strong>and</strong> Storage Container <strong>and</strong> return the site to its originalcondition within one hundred <strong>and</strong> twenty (120) calendar days after vacating theproperty. If the School District does not exercise its option to require the <strong>City</strong> to removethe Storage Container, ownership <strong>of</strong> the same shall pass to the School District. <strong>City</strong>shall have the right to remove the Snack Bar <strong>and</strong> Storage Container at any time whilethis Agreement is in effect at its sole cost <strong>and</strong> shall restore site to its original condition.Pg. 4 <strong>of</strong> 9 Revised: February 9, 2011


9. Indemnification.<strong>City</strong> shall defend, indemnify <strong>and</strong> hold the School District, its<strong>of</strong>ficers, board members, employees, <strong>and</strong> volunteers harmless with respect to any <strong>and</strong>all damages or liabilities arising out <strong>of</strong>, or incurred in connection with or resulting fromthe activities <strong>of</strong> the <strong>City</strong> permitted hereby <strong>and</strong>/or the performance by <strong>City</strong> <strong>of</strong> itsobligations herein, including placement <strong>and</strong> <strong>use</strong> <strong>of</strong> the Snack Bard <strong>and</strong> StorageContainer on site. <strong>City</strong> shall assume all risks <strong>of</strong> damage or liability that may occur to theSnack Bard <strong>and</strong> Storage Container or as a result <strong>of</strong> the presence <strong>of</strong> the Snack Bar <strong>and</strong>Storage Container on the site. The <strong>City</strong>’s responsibility for damage to the Snack Bar<strong>and</strong> Storage Container shall not include responsibility for damage incurred as a directresult <strong>of</strong> School District employees or students <strong>of</strong> School District supervised by SchoolDistrict employees during school hours or school activities.School District shall defend, indemnify <strong>and</strong> hold <strong>City</strong>, its <strong>of</strong>ficers,council members, employees, <strong>and</strong> volunteers harmless with respect to any <strong>and</strong> alldamages or liabilities arising out <strong>of</strong>, or incurred in connection with, School Districtactivities, or in the performance by School District <strong>of</strong> its obligations pursuant to thisAgreement.Both <strong>City</strong> <strong>and</strong> School District shall have the right to self insure forboth property <strong>and</strong> public liability insurance to the same extent that <strong>City</strong> or School Districtself insure for other <strong>City</strong> <strong>and</strong> School District property <strong>and</strong> operations.During the entire term <strong>of</strong> this Agreement <strong>and</strong> any extension there<strong>of</strong>,the School District <strong>and</strong> the <strong>City</strong> shall be under no obligation to repair or restore thewhole or any portion <strong>of</strong> any building or other structure on the Described Area or theSnack Bar <strong>and</strong> Storage Container which may be damaged or destroyed by reason <strong>of</strong>fire, earthquake, the elements or casualty.10. Insurance.Both Parties shall maintain in full force <strong>and</strong> effect during the term <strong>of</strong>this Agreement, commercial general liability insurance, insuring each party againstliability as may arise pursuant to each party’s respective indemnity obligations pursuantto Section 9 herein. All commercial general liability insurance required hereunder shallPg. 5 <strong>of</strong> 9 Revised: February 9, 2011


e in the minimum amount <strong>of</strong> $1,000,000 combined single limit. Both Parties shall havethe right to comply with this Section 10 by provision <strong>of</strong> self insurance.11. Surrender <strong>of</strong> Described Area.At the expiration or termination <strong>of</strong> this Agreement, <strong>City</strong> shallsurrender the Described Area including the sports <strong>fields</strong> <strong>and</strong> buildings, or portion <strong>of</strong>buildings authorized for <strong>City</strong> <strong>use</strong>, with the exception <strong>of</strong> the Storage Container locatedthereon, to School District in good condition <strong>and</strong> repair, subject only to reasonable wear<strong>and</strong> tear. Any removal <strong>of</strong> the Snack Bar or Storage Container shall be pursuant to theprovisions <strong>of</strong> Section 8 herein.12. Notices.Any notice desired or required to be given hereunder may, at theoption <strong>of</strong> the party giving the same, be given by enc<strong>los</strong>ing the same in a sealedenvelope with postage prepaid in the United States mail. The addresses <strong>of</strong> the Partiesfor all such purposes are as follows:School District:<strong>City</strong>:<strong>Norwalk</strong>-La Mirada Unified School District<strong>City</strong> <strong>of</strong> <strong>Norwalk</strong>12820 Pioneer Boulevard 12700 <strong>Norwalk</strong> Boulevard<strong>Norwalk</strong>, California 90650 <strong>Norwalk</strong>, California 90650Attn: SuperintendentAttn: <strong>City</strong> Manager13. Severance.If any section, subsection, sentence, cla<strong>use</strong>, article, phrase,paragraph or other portion <strong>of</strong> this Agreement is for any reason held to be invalid orunconstitutional by a decision <strong>of</strong> any court <strong>of</strong> competent jurisdiction, such decision shallnot affect the validity <strong>of</strong> the remaining portions <strong>of</strong> this Agreement, <strong>and</strong> such remainingportions shall remain in full force <strong>and</strong> effect.14. Headings.The article <strong>and</strong> paragraph headings contained herein are forconvenience <strong>and</strong> reference <strong>and</strong> are not intended to define or limit the scope <strong>of</strong> anyprovision <strong>of</strong> this Agreement.Pg. 6 <strong>of</strong> 9 Revised: February 9, 2011


15. Entire Agreement.This Agreement, together with all attachments, constitutes theentire agreement between the Parties with respect to the subject matter herein. Norepresentation or promise, express or implied, verbal or written, not set forth herein,shall be binding or have any force effect.WHEREFORE, the Parties hereto have executed this Agreement as <strong>of</strong> the day<strong>and</strong> year first above written.NORWALK-LA MIRADAUNIFIED SCHOOL DISTRICTByDr. Ruth PerezSuperintendentDateCITY OF NORWALKByMayorDateAPPROVED AS TO FORM:ByBy<strong>City</strong> AttorneyDistrict General CounselDateDateATTEST:By<strong>City</strong> ClerkDatePg. 7 <strong>of</strong> 9 Revised: February 9, 2011


ATTACHMENT ALOS ALISOS MAINTENANCE SCHEDULEThe <strong>City</strong> <strong>of</strong> <strong>Norwalk</strong> shall have access for all routine maintenance from 7 a.m. to 5 p.m.,Monday through Friday.The <strong>City</strong> shall maintain a maintenance st<strong>and</strong>ard consistent with that <strong>of</strong> the <strong>City</strong>-ownedathletic facilities. The st<strong>and</strong>ard shall consist <strong>of</strong> the following:1. Routine mowing is performed every week or every other week, depending onenvironmental conditions <strong>and</strong> maintenance remediation work. Outfield mowing isto be completed by 9 a.m. on Wednesday. In<strong>fields</strong> are mowed on an “asneeded” basis between 7 a.m. <strong>and</strong> 5 p.m., Monday through Friday.2. Pesticide or herbicide applications to be applied in accordance with stateregulations on an “as needed” basis. Written notice <strong>of</strong> pesticide or herbicideapplications planned or reasonably expected must be provided to School Districtin advance <strong>of</strong> the school year to allow the school to comply with annualnotification requirements to parents.3. Routine irrigation is to be applied at a rate “not to exceed” the evapotranspirationrate <strong>of</strong> this climate zone for fescue. Additional irrigation may be applied for turfseed propagation.4. All athletic field striping is to be completed by <strong>City</strong> forces. Chalking or athleticfield painting (striping) is to be done on an “as need” basis to maintain a clearlydefined athletic field <strong>of</strong> play. Additional striping called for by the School Districtneeds to be submitted to the <strong>City</strong> <strong>of</strong> <strong>Norwalk</strong> Public Works Department (562)929-5511, one week prior to the date required.5. Trash is to be picked up <strong>and</strong> properly disposed <strong>of</strong> by 9 a.m. daily.6. Restrooms are to receive routine custodial services Monday through Friday by 9a.m.7. The <strong>City</strong> shall, at its own expense, maintain in good <strong>and</strong> serviceable conditionthe restrooms servicing the sports field, within the described area.8. Major renovation projects are to be coordinated between the School District <strong>and</strong>the <strong>City</strong>.9. In the event the <strong>City</strong> fails to maintain or repair the <strong>fields</strong> <strong>and</strong> restrooms within thedescribed area, after a reasonable written notice <strong>of</strong> such lack <strong>of</strong> maintenance orneeded repair, the School District at its sole discretion, may undertake anymaintenance or repair <strong>and</strong> <strong>City</strong> shall reimburse the School District for the costs <strong>of</strong>such repairs or maintenance within thirty (30) days <strong>of</strong> invoice.<strong>City</strong> <strong>of</strong> <strong>Norwalk</strong>Representative:Name:___________________________Signature: _______________________School DistrictRepresentative:Name:_______________________Signature: ____________________Pg. 8 <strong>of</strong> 9 Revised: February 9, 2011


ATTACHMENT BSITE MAPPg. 9 <strong>of</strong> 9 Revised: February 9, 2011

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