25E - AGMT - JOINT USE AND REIMBURSEMENT FOR WILLARD INTERMEDIATE

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its use of the sports lighting based on an hourly fee agreed between City and District when the sports lighting is used by the district. L. Further Funding Sources. The parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the athletic fields, basketball courts, tennis courts and other common areas at the Willard Intermediate School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas. 4. LIABILITY AND INDEMNIFICATION. A. The City shall be financially responsible for damages caused by City use under this Agreement. B. The City shall indemnify, defend, and hold harmless District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by City under this Agreement, third party activities programmed or sponsored by the City, and City programming outside of City Time, except those which arise out of a dangerous/defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of its operation of the School, including use, operation, maintenance and repair of the Joint Use Facilities, except as provided in "B" above. 5. INSURANCE. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 6. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Page 4 of 7 47176. doc 25E-6