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Home My WebLink AboutGUSD - Swimming Pool Agreement at South Valley Jr. High School AGREEMENT BFl'WEEN THE CITY OF GILROY AND GILll0Y UNION HIGH SCHOOL DISTRICT FOR C OJPERATIVE USE CF SWIMHING POOL 'wHEREAS, the City:;! Gi1roy,Ca1ifornia (hereinafter referred to as "CitY":) and the Gilroy Union High school Distriot} County of Santa Clara, state of California (her.inarter referred to as UDistrictU) t have through their respeotive governing bodies, agreed that City shall construct a swimming pool on District's property, and, WHEREAS. City and District desire to enter into an agreement establishing the terms and conditions for the cooperative us. by city and District of said aw1mming pool and facilities thereof when the same shall be constructed, NOil, THEREFCBE. City and District hereby agree as tollows I 1. tE~11 The term ot this aareement shall be tor a period ot fifty (50) years from a.nd after the date ot the execution ot this agreement, and from year to year thereafter, subject to the right of e1 ther party to terminate this agreement a.s of the end of the fifty (50) yea:r period or as of the end ot any succeeding yearly period t upon not less than twelve ( 12) months' advance written notice, or at any time during the term hereof upon the mutual agreement of both parties. 2. Wi..Ql ~WIHMlIfg ~ AIm. fb.CXlf~m~, (a) District shall administer and operate said sWimming pool aM facilities thereot during each school year ot the term hereof. F~)r purpCII es ot this agreement t a school year shall begin on the date desicna.ted by the i30ard of Trustees of District tor the commencing ot instruction at the Gilroy High School (which date shall or\11narily be during the third ct4endar quarter ot each calendar year). and shall terminate on the date designated by the BCJl I'd of Trustees tor the closing ot said school (which shall ordj.nrir- ily be during the second calendar quarter ot each calendar year.) (b) City shall administer and operate $aid swilIlll1ng pool and facilities the reo. t during the period ot each year between thE! olosing and oDenine of the Gilroy High School as determined under paragraph (a) of this section No.2. 3. OPJf;JrjAfltlQ AlW. ~ COS1i' . (a) All costs of operating said swimming pool (including. but without limitation, costs of water, lights. heat t soap t paper towels and toile't tissue) sball be paid on the basis ot 7;~ by District and 25% by City. (b) All costs tor custodial services for said swimming pool and facilities thereof shall be paid in full by District during the perIai of its use under paragraph (a) or section No.2 hereof, and all costs tor said oustodial servio.. shall be paid 1n full by City durIng its period ot US8 under pa.ragraph (b) ot said section WOe 2. All oustodial services sha.ll be pertormed under the .upervis ion and control of the PrIncipal ot the Gilroy High SChool or bis duly appointed representative. It-. IQl1~'" ( a) Any recreational . quipment rE'quired by Dis trict or City in connection with the use of said swimming pool shall b. turn! shed at the sole cost and expense ot the part)" requiring said equipment; and the loan or use of said equipment ahall be onlY with the express permission of the party owning the same. (1)) District shall not be required to furnish towels. sw1a suits or locks for any lockers during the pjriod said swimming pool and facilities are used by City. s. MA.tl1E~l";i Am 9Ar:q'~ EX~N1UTQIU!i' Costs ot maintaining said SWimming pool and facilities < such as cleaning and painting said swimmIng POOl! servicing, repairing and replacing of boilers, f1 ters and chlorinators) and all expenditures for items of capital nature shall be paid on the basiS of 75% by District and 25% b-I' City. 6. ...l!"~~ITI A.W. 1eWg I (a) City shall hold harmless and tree from liability District, its officers, agent., and employe.s trom all damages, lOSS! cost or expense whioh the latter, or any ot them, sha1 becaue obligated to pay by reason of liability imposed by law because ot any injury to property or persons (including death) occurr1n& during any period of use by City ot said sW1mming pool and facilities. (b) Distriot shall :tDld harmless and tree from liability City, its of ricers , agents, and employees trom all damages, loss, cost or expense vhich the latter, or any of them, shall beoome obligated to pay by reason ot liability imposed by law because of any injl~ to property or persons (ino lud1ng death) occurring during the }:.e riod of any use by District of said swimming pool and facilities. (c) Any lnsur&nce required or obtained by reason ot this agreement by' either party hereto shall be at the sole cost and expense of the part)" acquiring the same. . 7. t' ;PQI~f(E~ ,g[ c;QQ~ ~TINQ ~O~~';\'~I Oit! and District through. its governing bodies, shall each appoint three (3J persons as a coordinating committe., whose funotion it shall be to meet annually, prior to 2 Februa17 l;th, and establish and appro," a calendar tor the us. ot sa1d 8V1mmlnl pool and facilIties by the parties hereto during "hool year w..k..en4. aDd .....nings. It ahall also be the duty or said committee to review the operatin. and custodial costa of said SlIillmins pool aDd facilities, and make such equitable adjust..nt. in the percentage of said costs thatulstrict and Ci t1 shall pay respectively during the suoceeding year. The findings and determination of this oommitt.e as relal'ds said costa sball be submitted to Distriot and C.17 tor approval. 8. l~PECl~Wf.Ql ~}Qf:(li ~ All!. ~4P~~tT~J~1 Distriot ~d City ahall each appoint three (3) persons as an inspection committee, which oommittee shall. at the close ot each . chool year and at the beci.nning of each school year (as .aid term is deriDed hereinabove>, inspect sa1d .w1mm1n& pool and ta0111tiel used 1n connection with the sw1mm.1nc pool to determine thenee4 for any repair or replaoement to said sv1mmlnc pool or faoiliti.. Which, in the opinion ot said inspection committee, were ocoa.ioned 'b7 vandalis.and/or malicious destruction; each party shall promptly repair and paT tOI'.all'isu;h d....... occurring during the t1m.e the pool 1s be1ng us.d by such part;y or is under the jurisdiction of such party. 9. lR?f3qQ~{i~ ~ QJ1ARQi' District and City shall during their respective periods ot use of said sw1mminc pool and facilities. prOVide qualified. $V.. 1mmiq Instructors t guards, attend- ants, and other personnel it de..s neoessary for the 'afe~ardini. "'._t said .'001 and tacIlIties and persona wsInc the same. and the cost a.m expenn ot providing said Instruotor., fuaris, ettendanta and other persorme1 shall bEl paid by the partT using said svimm1nc pool and taciliti.. as providecl in ".ot1on No. 2 hereof. IN WlTlESS WlSBREOF t tb.edP.81"tie. he-i,!to hare executed this agreement a. or the /.. dq ot~.. 1957. CITY CF GIlROY, a ~CiPal corpo~atlon . Byl ~ ((:. I 7T~<~...~~ I ~,_,i' Mayor ' Attest. ~.~.~ Cl tT Cler . GI}fOY UNION HI,GH SCHOOL DIS~ICT By%~~: P'feddent'. - U_ -0 uca -0 ,/ </) ~ \/ ""'-;~' ~~p .~ Clerk Member / -'-~ (1,./ Ap proved a.s to t orm this ';:;',,~ .;; day of ,,' i. ,r' Ii,,/l'.,.:>< ~,. _ t 1951. ~ . n~ ~J,~' 1 Attor' Tel 1 Approved as to form. tbia..Lda7 ot ~d " 1957. '} / it.')~~' ~ >~:- c'~ ,. C Y~l ~' ,- ./ . 1+