25L - AGMT - JOINT USE MONTE VISTA ELEMENTARY AND JEROME

Home Browse Search

per Education Code section 10900, et seq.. Reservation fees collected by City for City Use of the Joint Use Facilities shall be retained by City. G. Insurance. The City will ensure that each entity which receives from City a permit to utilize the Joint Use Facilities on City Time shall have general liability insurance coverage in the amount of at least $1,000,000 per occurrence, and that the District and City are named as additional insureds on the applicable policies. H. Supervision of Joint Use Facilities. 1) District shall be responsible for appropriate supervision while using the Joint Use Facilities. 2) The City shall be responsible for appropriate supervision while using the Joint Use Facilities. Maintenance. The District shall be responsible for the normal maintenance of the Joint Use Facilities, such as trash pick-up, cleaning of courts, mowing lawns, edging, painting, upkeep of equipment such as nets. J. Repairs. District shall be responsible for repair of the Joint Use Facilities. However, District shall submit any plans for significant repairs to the Technical Advisory Committee. The Technical Advisory Committee shall review the plans and determine whether and to what extent the City will share in the cost of the significant repairs to the Joint Use Facilities. As used in this section, "significant repairs" will include, at a minimum, any repair or replacement of a component of the Joint Use Facilities that will cost in excess of fifty percent (50%) of the reasonable estimated value of the component needing repair or replacement For example, if the value of a tennis court is $24,000 and the estimated repair cost is over $12,000, that will be a significant repair subject to this subsection. K. Utilities. District shall pay for all utility services furnished to the Joint Use Facilities for the use, operation and maintenance of the Joint Use Facilities during the Term of this Agreement, or any extension thereof. However, City shall be responsible for electricity to operate the security lighting. L. Further Funding Sources. The Parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the Joint Use Facilities and other common areas at the School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas and additional provisions related thereto. 4. LIABILITY AND INDEMNIFICATION. A. District shall defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with District's performance of this Agreement or District's failure to comply with any of District's obligations contained in the Agreement caused by District, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, District shall notify City of such fact and MonteVista JtUse 6/19/12 25L-5