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HomeMy WebLinkAbout89-26 CC Resolution RESOLUTION NO. 89-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SUBLEASE WITH TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR OFFICE SPACE FOR THE CITY The City Council of the City of Temecula finds as follows: WHEREAS, the City of Temecula, California was incorporated on December 1, 1989; and WHEREAS, the City needs office space for city operations; and WHEREAS, the City Manager has considered various locations in the city; and WHEREAS, the City Manager recommends the sublease of 6805 sq. ft. at 43172 Business Park Drive as being the best and most reasonably priced property available; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula, that the sublease dated December 15, 1989 by and between the Temecula Valley Unified School District and the City of Temecula, attached hereto as Exhibit "A", is hereby approved, and the City Manager is authorized to sign lease. ADOPTED AND APPROVED this 26th day of December, 1989. Ron J. Parks, Mayor ATTEST: Frank Aleshire, City Clerk Resos 89-26 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, F.D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution NO. 89-26 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of December, 1989, by the following roll call vote. AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans Fra~nk Aleshire, Cit~ Resos 89-26 EXHIBIT "A " USE OF FACILITIES AGREEMENT THIS AGREEMENT is made, executed and entered into by and between the TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORHIA, hereinafter called "District," and COUNTY OF RIVERSIDE acting on behalf of TEMECULA COMMUNITY SERVICES DISTRICT, hereinafter called "CSD." RECITALS 1. Section 10905 of the California Education Code authorizes and empowers park districts and public school districts to cooperate with one another for the purpose of organizing, promoting, and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of the State of California. 2. Section 40041 of the California Education Code authorizes the District to grant the use of school facilities or grounds upon the terms and conditions the District Governing Board deems proper, subject to the limitations and restrictions set forth in the Civic Center Act. (Education Code section 40040, 9~ seq.) 3. The District and CSD desire to enter into an Agreement for the joint use of the swimming pool facilities and grounds located at Temecula Middle School, 41951 Moraga Road, Temecula, California. NOW, THEREFORE, the District and CSD for the covenants, agreements, representations and consideration contained in this Agreement, agree as follows: 1. Term: This Agreement shall be effective as of June 12 1990 and shall terminate on Dec 31 1990 This Agreement may be extended and/or renewed only upon written approval by the District for any period permissible under a law in effect on the date of extension or renewal. Any extension or renewal of this Agreement shall be under the provisions set forth herein. To request renewal, CSD shall give written notice to the District on or before , 199__. 2. Fee: l~'or and 'i.n col~sideratio~ of the use set forth herein, CSD shall pay to the District an amount equal to the direct costs to the District. As used herein, "direct costs" means those costs of supplies, utilities, janitorial/custodial services, services of any other District employees, and salaries paid District employees necessitated by CSD's use of the swimming pool facilities and grounds at Temecula Middle School· 3. U__s of Property: a. The District shall at all times have first priority for use of the Temecula Middle School swimming pool facilities and grounds. At such times, the District shall provide supervision and maintenance. b. CSD shall have the use of the Temecula Middle School swimming pool facilities and grounds from 10:00 a.m. to 6:00 p.m. on Saturdays and Sundays, and during the District's spring recess session, during the term of this Agreement. During such use, all necessary security, trash collection, and supervision (including but not limited to, certified lifeguards) shall be provided by employees, independent contractors, agents or officers directly employed by CSD. c. The District may preempt CSD's use of the Temecula Middle School swimming pool facilities and grounds for use by the District and other civic organizations on weekends. 4. Right of Access: The District hereby grants to CSD a right of access to the Temecula Middle School swimming pool facilities and grounds as necessary for its use in accordance with this Agreement. 5. Insurance: CSD shall provide and maintain at its own expense during this Agrement a policy or policies of insurance covering its operations under this Agreement as specified herein. a. Statutory workers' compensation insurance to meet all requirements of the Labor Code of the State of California and occupational disease insurance as applicable, including employer's liability insurance in limits of not less than $1,000,000 for each person and $1,000,000 for any one accident, covering all of CSD's personnel. b. Comprehensive public liability insurance covering the CSD's operations under this Agreement with bodily injury, and death limits of not less than $1,000,000 as to any one occurrence and property damage insurance witll limits of not less than $1,000,000 as to any one occurrence. c. The insurance described in subsections a and b above shall name the District as an additional name insured and shall also provide contractual liability coverage satisfactory to the District with respect to liability assumed by CSD under the provisions of this Agreement. Written proof of compliance with the requirements of this paragraph consisting of certificates of insurance and a copy of the additional insured KEG/52020305.AN1 endorsement to CSD's insurance policies in a form acceptable to CSD shall be filed with and approved by the District prior to any operation by CSD under this Agreement and prior to each policy year thereafter. CSD shall effect renewal of such insurance not less than thirty (30) days prior to expiration thereof and shall promptly advise the District that such renewal has become effective. d. CSD may self insure pursuant to subsections a and b above. Such self insurance may be evidenced by a letter of insurance from Riverside County Risk Management stating coverage of the limits set forth in subsections a and b above. Written proof of CSD's self insurance pursuant to subsections a and b above shall be filed with and approved by the District prior to any operation by CSD under this Agreement and prior to each policy year thereafter. 6. Indemnification: CSD agrees to indemnify, defend and hold harmless the District, its Board members, officers, agents and employees from every claim or demand made, and every liability, loss, damages, or expense arising out of CSD's use of the facility, with the exception of any claims or litigation arising through the sole negligence or willful misconduct of the District, including all costs and reasonable attorney fees in providing a defense of any claim arising therefrom, which may be incurred by reason of: a. Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft of property, or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by CSD or any person, firm or corporation employed by CSD upon or in connection with the performance of this Agreement. b. Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of CSD, either directly or indirectly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the District, arising out of, or in any way connected with the performance of this Agreement. c. CSD, at its own expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the District, its Board members, officers, agents, or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered, or damages that may be awarded against the District, its Board members, officers, employees, or agents in any action, suit or other proceedings as a result thereof. -3- KEG/52020305.AN1 7. Terminati9!l: Either party may terminate this Agreement upon giving tiao otl~r party thirty (30) days written notice. 8. Notice: All notices regarding this Agreement shall be in writing and shall be given to the other party at the following addresses: To the District at: Temecula Valley Unified School District P.O. Box 279 Temecula, CA 92390 To CSD at: Temecula Community Services District 29377 Rancho California Road, Suite 105 Temecula, CA 92390 9. Waiver: No waiver of any term or condition of this Agreement shall be considered a continuing waiver thereof. Any waiver must be in writing. 10. Scope of Agreement: This Agreement constitutes the entire agreement between the parties. It may not be modified except by an agreement, in writing, signed by the party against whom the enforcement of any waiver, change, modification, or discharge is sought. 11. Attorney's Fees: The District and CSD agree that in the event of any dispute or litigation which is necessary to interpret or enforce the provisions of this Agreement, the prevailing party shall recover all costs and expenses, including reasonable attorney's fees. The aforesaid attorney's fees shall be recoverable as an element of costs of suit, and not as damages. 12. Assignment: CSD may not assign this Agreement. III -4- ' KEG/52020305.AN1 13. Remedies: The District shall have all rights and remedies available to it under California law in the event of a default under or breach of this Agreement. IN WITNESS WHEREOF, this Agreement consisting of five (5) typewritten pages has been duly executed by the above-named parties. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Authorized Representative TEMECULA COMMUNITY SERVICES DIS~CT A~thorized Representative Typed or Printed Name Patricia H. Birdsall Typed or Printed Name Title: Date: Title: Date: President 6/15/90 APPROVED AS TO FORM: ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: KAREN E. GILYARD -5-