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Poway Unified School District - Cooperative Facilities Use and MaintenanceCITY OF AVAY DOCUMENT JOINT USE AGREEMENT BETWEEN THE CITY OF POWAY; THE POWAY'REDEVELOPMENT AGENCY AND THE POWAY UNIFIED SCHOOL DISTRICT POR COOPERATIVE FACILITIES USE AND MAINTENANCE THIS AGREEMENT made and entered into this 12 day of June 2007, by and between the City of Poway, and the Poway Redevelopment Agency (hereinafter collectively called "City "), and the Poway Unified School District (hereinafter called District "). WITNESSETH WHEREAS, the City and District are mutually interested in and concerned with providing adequate facilities and services for community sports and recreation; and WHEREAS, the City and District have certain gymnasiums, sports fields, and libraries /multi - purpose rooms under their jurisdiction suitable for students, organized youth sports, and community recreation programs; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the State of California (Section 10900 et. seq.) to organize, promote, and conduct community recreation programs and activities within or without their territorial limits; and WHEREAS, said governing bodies are authorized by, Chapter 5 of Division 1, Title 1 of the Government Code of the State of California (Section 6500 et. seq.) to enter into agreements with each other to promote and preserve the health and general welfare of the community and contribute to the attainment of education and recreation goals and objectives for children and adults within the community; and WHEREAS, the City has established a Community Services Department responsible for promoting and scheduling community recreational activities in facilities throughout the City, including those held at gymnasiums, sports fields, and libraries /multi - purpose rooms; and WHEREAS, the City has established a Public. Works Department responsible for carrying out the maintenance of community recreation facilities; and WHEREAS',. youth and adult sports users groups„ represented here by the City's Community Services Department, are active participants in the gymnasiums, on the sports fields; and in the libraries /multi - purpose rooms; and WHEREAS the City has contributed to the public's well -being and expanded the District's ability to provide its students with adequate facilities through the construction of gymnasiums, the renovation and reconstruction of certain sports fields located upon District property, and the usage of library/multi- purpose rooms; and PUSD Facilities,Joint Use Alfeement Page 2 WHEREAS, the City and District recognize that only their cooperation, Poway sports user groups and students will have, access to excellent recreational facilities. NOW; THEREFORE, the City and District agree as follows: USE OF FACILITIES A. City will make available to District gymnasiums at Meadowbrook and Twin Peaks Middle Schools (hereinafter referred to as "Gymnasiums "), as described in Exhibit A, on terms and conditions set forth in this Agreement and Exhibit B. B. District will make available to City sports fields at Midland, Pomerado, Tierra Bonita and Valley Elementary Schools, Meadowbrook and Twin Peaks Middle Schools, and Poway High School (hereinafter referred to as Fields "), as described in Exhibit A, on terms and conditions set forth, in this Agreement and Exhibit C. C. District will make available to City library and multi - purpose rooms at Midland Elementary School (hereinafter referred to as "Library/Multi- Purpose Room ") as described in Exhibit A, on terms and conditions set forth in this Agreement and Exhibit D. D. DEFINITIONS 1. "Joint Use, Facilities" is the collective term used when addressing all facilities identified in Exhibit A. 2. "District Use" refers to any time and manner in which the. District is responsible for the activities at any Joint Use Facility, as specified in this Agreement. 3. "City Use' refers to any time and manner in which the City is responsible for the activities at any Joint Use Facility, as specified in this Agreement. 4. "Poway Youth Sports Leagues" refers to any organized youth sports league that is comprised of a majority of City of Poway residents and are members of Poway Youth Sports Organization. E. PURPOSE OF JOINT USE FACILITIES Joint Use Facilities will be used in accordance with their main purpose, as set forth in Exhibits. B, C and D. It is understood .that at times the facilities may be used for other purposes, however, both Parties shall approve this type of use. PUSD Facilities:Joint Use A rreement Page 3 F. GENERAL USE 1. District will have primary use of all Joint Use Facilities except as provided for in Exhibit A. 2. City will have primary use of all Joint Use Facilities as provided for in Exhibit A. 3. District agrees to make available to City the use of all parking facilities on all District property adjoining the Joint Use Facilities during City Use. 4. Long term. parking by City or District is not permitted at any Joint Use Facility. 5. City shall furnish all personnel and supervisory staffing, and all materials, supplies, and equipment required for recreational programs /activities conducted or sponsored by City. 6. District shall furnish all personnel and supervisory staffing, and all materials, ',supplies, and equipment. required for recreational programs /activities conducted or sponsored by District. 7. City Use of Joint Use Facilities shall be at no cost to City, except as set forth in this Agreement. 8. District Use of Joint Use Facilities shall be at no cost to District, except asset forth in this Agreement. 9. Except for emergency situations, District advise City, and City shall advise District as soon as possible, but no less than thirty (30) days prior to the loss of use of any Joint Use Facility. 10. City and District must mutually agree upon storage of equipment. at any Joint Use Facility for a period longer than six months. 11. City and District programs shall have priority over all other requests for use. Il. JOINT USE FACILITY SCHEDULES A. Master schedules shall be developed and agreed upon by City and District for each Joint Use Facility according to the provisions of Exhibit A. B. Requests for use by entities not included in this Agreement shall be submitted to the City for times in which the City has primary use, and to PUSD Facilities;J.oint "Use Alfeement • Page 4 the District for times in which the District has primary use. Requests for use during. City Use hours by a District school or its school- related organizations such as Parent - Teacher organizations, other than the host school must be accompanied by an approval issued by the District. A. City and District shall provide any specialized equipment for their respective programs. Replacement and maintenance of said equipment will be the responsibility of the Party owning said equipment. B. Either Party may install equipment and improvements at the Joint Use Facilities subject to mutual written agreement, which shall not be unreasonably withheld. Installation of equipment or improvements by City shall be at City cost, or by District at District cost, and meet standards established in the California Education and. Administrative Code. Title to such equipment or improvements shall remain in the Party owning said equipment. C. City agrees to consult District as to the type and specifications of equipment and facilities to be constructed or modified on District property. Any structures to be constructed by City shall meet all standards required by the Education Code and shall be constructed in accordance with the requirements of the State Office of Architecture and Construction. City shall furnish to District all plans and specifications for approval by the District. District approval shall not be unreasonably withheld. D. City agrees prior to the construction of improvements on District property, to consult with District on all construction schedules. District shall grant site access to the City necessary for the construction of approved improvements so long as Construction does not interfere with the educational process of the District. E. Upon written agreement between City and District, future facility improvements: located on District property shall be included within the terms of this Agreement. F. For facilities constructed with City funds, City and District shall share equally in the cost of replacing capital equipment such as, but not limited to, re- roofing, air - conditioning /heating system replacement, floor replacement, and similar capital costs upon mutual determination that said replacements are necessary. IV. FACILITY'USE ADMISSION FEES City and District shall mutually establish fees for Joint Use, Facilities. Admission fees may be charged by either Party for facilities, events, and programs, but only PUSD Facififies,Joint Use-Afeement • Page 5 in an amount to cover the expenses incurred by the Party for the conduct of the events and programs, including the salary of instructors. All monies so: charged and collected shall be and remain the sole property of the collecting Party. These fees will be in accordance with the Civic Centers Act, (Chapter 4 of Part 23 Division 3, Title 2' of the Education Code of the State of California (Section 38130 et. seq.)). V. REIMBURSABLE COSTS Annual costs cited in the Agreement, which are incurred by either the City or District and subject to reimbursement, shall be reimbursed to the other Party within sixty (60) days of receipt of the invoice requesting payment. VI. EDUCATION CODE LIMITATIONS In the use of the facilities subject to this Agreement, City agrees to comply with all of the requirements of1he Education Code of the State of California setting forth the limitations, requirements, and restrictions on the use of school facilities. VII. EMPLOYMENT RELATIONSHIPS, AND OBLIGATIONS For facilities subject to this Agreement, all persons, employed in the performance of services and functions for the City shall be deemed City employees and no City employee shall be considered as an employee of the District or under jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee -of the City. District shall not be responsible for.the payment of any salary, wage or other compensation to any City personnel performing services hereunder for the City. City shall not be Diable for compensation or indemnity to any District employee for injury or sickness or wages arising out of his /her employment with the District. For purposes of this Agreement, all persons employed in the performance of services and functions for "the District shall be deemed District employees and no District employees have any City pension, civil service, or other status while an employee of the District. City shall not be responsible for the payment of any salary, wage or other compensation to any District personnel performing services hereunder for the District. District shall not be liable for compensation or indemnity to any City employee for injury or sickness or wages arising out of his/her employment with City. VIII. INDEMNITY AND: HOLD HARMLESS A. District shall hold harmless, defend, and indemnify City, members of its governing body, and its officers, employees, and agents from any and all losses, demands, .damages (including costs and attorney's fees), or causes of action arising from injury to property or person which may arise from District use of sponsorship of Joint Use Facilities subject. to this Agreement 'However, District shall not 'be obligated to hold .harmless, defend, or indemnify City when the aforementioned claims arise from PUSD,.Facilities Joint Use.Afeement • Page 6 dangerous conditions existing in or on City -owned buildings or facilities that City had actual knowledge of and failed to correct. B. City shall hold .harmless, defend, and indemnify, District, members of its governing body and its officers, employees, and agents from any and all losses, demands, damages (including costs and attorney's fees), or causes of action arising from injury to property or person which may arise from City use. or sponsorship of Joint Use Facilities subject to this Agreement. However, City shall not be obligated to hold harmless, defend, or indemnify District when the aforementioned claims arise from dangerous conditions existing in or on District -owned grounds, buildings, or facilities that District had actual knowledge of and failed to correct. IX. STUDENT SAFETY. The safety and security of District students and ;staff are of paramount importance. Therefore, use of Facilities during school hours will be limited to special requests and will :require advance notice. and prior approval by the District. All Facility use, by non - district users (both for City- sponsored and other community' events) will be governed by the District's Board policies and administrative regulations regarding facilities use. X. INSURANCE A. During the term,of'this Agreement, each Party shall obtain and maintain in full force and affect the following insurance coverages; 1. Workers' Compensation Insurance Full workers' compensation insurance shall be provided that is necessary in connection with the performance' of this Agreement to protect itself and its employees under the Workers' Compensation Act. 2. Liability Insurance Each Party hereto.shall carry property damage and public liability insurance either through commercial insurance or by an approved self- insurance or joint powers arrangement, in the minimum amount of $2,000,000 combined single limit and 4,000,000 annual aggregate and shall furnish proof thereof in the form of a certificate of insurance .to the other Party within thirty (30) days of the effective date of this Agreement. Each Party shall be added as insured to the respective policies. 3. Certificate of Insurance Each Party shall deliver within fifteen (15) days of the demand by the other Party, certificates of insurance or self insurance, which shall provide that no cancellation, major change in coverage or nonrenewable, will be made during the term of this Agreement, without thirty (30) days written notice to the other PUSD Facilities.Joint'Use Aeement Page 7 Party prior to the effective date of such cancellation or change in coverage.. B. Non -City and non- District users receiving ,authorization to use the Joint Use Facilities must meet City and District insurance requirements. XI. TERM This Agreement shall become effective commencing on the date this document is fully executed by both Parties -and shall be in force for a period of ten (10) years. This Agreement may be extended in three, five (5) year increments by written agreement of both Parties, or may be cancelled by. either Party upon written notification not less than sixty (60) days in advance of the end of the fiscal year. XII. NOTICE Notices or demands hereunder given or to be given.by City or District to the other may be personally served upon City or District or any person hereafter authorized by either in writing to receive such notice or may be served by certified letter addressed to, the appropriate address hereinafter set forth or to such other address as.Cityand District may hereafter designate by written notice. City of Poway Poway Unified School District Director of Community Services and Deputy Superintendent Director of Public Works Poway Unified School District City of Poway 13626 Twin Peaks Road 13325 Civic Center Drive Poway„ CA 92064 Poway, CA 92064 XIII. AMENDMENT The provisions of this Agreement may be amended or modified only by mutual consent and written agreement of the respective parties. XIV. DISPUTE RESOLUTION In the event of any dispute or difference arising from this Agreement or from;the use or proposed use of the facility, then, in this event, said dispute or difference should be settled, and arbitrated jointly by the City Manager and Superintendent or respective designee. XV. SUPPLEMENTAL AGREEMENT City and District may enter into supplemental agreements to provide more specific detail regarding the operation of any of the Joint Use Facilities. If there is any conflict between the supplemental agreement and this Joint Use Agreement, the supplemental agreement shall govern. PUSD Facilities Joint Use Allement Page 8 XVI., INVALIDITY The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. XVII. BINDING EFFECT This Agreement shall inure to the benefit of and shall be binding upon City and District and their respective successors and assigns. IN WITNESS WHEREOF, the City and District have signed this Agreement at Poway, California. Poway Redevelopment Agency Rod Gould Executive Director Poway Unified School District Joh "Collins - D ty Superintendent City of Poway Rod Gould City Manager ATTEST: L. D' rie Shea City Clerk and Agency Secretary Poway Unified School District 4 QQ, - Donald A. Phillips District Superintendent ATTEST: Andy Pat450W "A Clerk of Board EXHIBIT "A" Pagel of4 City of Poway Use of Poway Unified District Facilities 0 o .. Midland Field City and District shall Not Schedules for use to N/A Elementary School mutually agree to City Permitted be established on a 13910 Midland Road Use of no more than biannual'basis. Poway, CA 92064 twenty (20) Saturdays per year. A fee will be charged to City for additional days. Library/Multi-Available for community Permitted Ongoing uses by City City and District shall Purpose use 6:00 p.m: to 10:00 will be determined in mutually agree to Room p.m. Monday through advance of the school District Use at such Friday during the regular year, City may times when not in use school session and 8:00 request occasional by City. a.m. to 10:00 p.m.one -time uses of Saturdays, Sundays and these facilities for the holidays with City having purpose of priority over all other non recreational classes District requests.or community meetings at such Meadowbrook Gymnasium 1) Year -round when Permitted City is responsible for City-and District shall Middle School school is'in not in scheduling.mutually agree to.a 12320 Meadowbrook session from 7:00 a.m.Schedules for use to schedule of night use of Lane Poway, CA 92064 to 10:00 P.M.be established on an the Gymnasiums by 2) When school is in annual basis and District for school session from 5:00 p.m.reviewed on a activities not to exceed to 10:00 p.m. Monday quarterly basis.twenty (20) evenings per through Friday from the year during the regular beginning of the school school year. A fee will year through April 30.be charged to District for additional days. 0 City of Poway Use of Poway Unified District Facilities„ EXHIBIT "A" Page 2 of 4' w Meadowbrook Upper 1) 4:00 p.m. to 10:00 Permitted City is responsible for City and District shall_ Middle School Soccer Field p.m. — Monday through scheduling.mutually agree,to a 12320 Meadowbrook with Lighting Friday - year- round.Schedules for use to schedule of use by Lane Poway, CA 92064 be established.on a tri Districtjor school a.m. to annual basis.activities not to exceed p.m. o — n days wheenn twenty (20) days perschisnotinsession.sch ooll year during the regular school year. A'fee will be charged to District for additional days. Pomerado Field —City and District shall Not Schedules for use to N/A Elementary School Upper and mutually agree to City Permitted be established on a 12321 Ninth Street Lower Use of no more than biannual basis. Poway, CA 92064 twenty (20) Saturdays per year. A fee will be charged to City for additional days. Tierra Bonita Field City and District shall Not Schedules for use to N/A Elementary School mutually agree to City Permitted be established on a 14678 Tierra Bonita Road Use of no more than biannual basis. Poway, CA 92064 twenty (20) Saturdays per year. A fee will be charged to City for additional days. is 0 City of Poway Use of Poway Unified District Facilities EXHIBIT "A" Page 3 of 4 40 0 a Twin, Peaks Gymnasium 1) Year -round when Permitted City is responsible for City and District shall Middle School.school is in not in scheduling.mutually agree to;a 14640 Tierra Bonita Road session from 8:00 a.m.Schedules for use to schedule of use of the Poway, CA 92064 to 10:00 P.M.be established on an Gymnasium by District annual basis and for school activities not 2) 5:00, p.m. to 10:00 reviewed on a to exceed twenty (20) p.m. Monday through quarterly basis.uses per year during the Friday when school is in regular school year: A session.fee will be charged to District for additional days. Twin Peaks Soccer and City and District shall Not Schedules for use to N/A Middle School Football mutually agree to City Permitted be established on a bi 14640 Tierra Bonita Road Fields Use of no more than annual basis. Poway, CA 92064 twenty (20) Saturdays per year. A fee will be charged to City for additional days. Valley Field with 1) 5:00 p.m. to 10:00 Permitted City is responsible for City and District shall Elementary School Lighting p.m. — Monday through scheduling.mutually agree to a 13000 Bowron Road Friday - year- round;Schedules for use to schedule use by District Poway, CA 92064 be established on a tri for school activities not 2) 8:00 a.m. to 10:00 annual basis.to exceed twenty (20) p.m. — on days when days per year during the school is not in regular regular school year. A session (intersession,fee will be charged to weekends, holidays,District for additional vacations and summer days. months). 40 0 City of Poway Use of Poway.Unified District Facilities EXHIBIT "A" Page 4 of4 Elm f Poway High School Football'1) 7:00 a.m. to 10:00 Permitted District and City representatives shall meet each 15500 Espola Road Field /Stadium p.m. — Saturdays and March with representatives of affected sports Poway, CA 92064 with All-Sundays'year- round;organizations to negotiate and establish the,annual weather 2) 8:00 a.m: to 10:00 use schedule for the period of August through Track and p.m. on weekdays when June of the following year. District shall be.granted Lighting;school is not in session;use of the facility for Poway High School Restrooms 3) All day on July 3, 4 sponsored activities for no more than twenty (20) and .5 for Fireworks and Saturdays and ten (10) Sundays per year, when Community Concert;such use does not increase facility use costs paid City is committed to by youth sports leagues and a contingency plan for providing Poway Youth remediation of negative impacts is in place. For Sports Leagues with days that are negotiated as shared, one user will priority use as follows:be allotted 7:00 a.m. to 2:30 p.m., and the other Pop Warner Football from 3:00 p.m. to 10:00 p.m., with shared use counting the first Saturday in as one -half a day against the District's allotted August through the twenty Saturday limit. second Saturday in A second meeting with representatives of the December, and to Youth same parties shall be held each December for the High School Lacrosse purpose of negotiating the schedule for the month from the first Saturday in of July and any other known schedule change March through the first requests. Saturday in June,Should District find it necessary to request a excluding the first schedule change, the request shall be made in Saturday in April and writing to City and impacted League, if any, with no May. It is understood less than 14 (fourteen) days advance'. notice. City that the demand for approval will be contingent upon confirmation that specific sports can District has made every effort to provide the change over time displaced League with an alternate facility that therefore youth sport adequately meets their needs. priority classifications may be changed upon mutual District.shall provide to the City a semi - annual field agreement between City usage report to account for its use of the facility and District.during City time. 10 EXHIBIT "B" Gymnasiums Program A. Purpose of Program The main, purpose of Gymnasiums is to house indoor recreation, such as but not limited to, dance %recreation classes, volleyball, and basketball that are organized by the District, City, or Poway Youth Sports Leagues. B. Equipment and Improvements City shall provide common equipment such as trashcans and bulletin boards. Common equipment will be shared jointly and stored in the Gymnasiums. C. Maintenance 1. District shall be solely responsible for the maintenance of Gymnasiums and the surrounding grounds and landscaping, including, but not limited, to general housekeeping, floor refinishing, re- lamping, painting interior and exterior based upon District deferred maintenance program, and other District programs and policies. District shall be responsible for the general repair and maintenance of Gymnasiums including but not limited to painting, lighting and electrical, HVAC, gym floor maintenance, plumbing, glass repairs, etc. 2. City and District shall share equally in the cost of repairing capital equipment such as but not limited to re- roofing, air - conditioning /heating system replacement, floor replacement, and similar capital costs. D. Utilities 1. All gas and electrical expenses associated with operating the facility shall be shared equally between City and District. District shall directly pay the distributors on a regular basis. City shall reimburse District for the City share of these costs on an annual basis. 2. District shall be fully responsible for the cost of water and sewer services. 3. City shall be responsible for the cost of all utility hookups associated with the construction and operation of the Gymnasiums. 4. City shall be responsible for all telephone expenses associated with the Gymnasiums, with the exception of District extensions. 5. All security and fire alarm expenses associated with operating the Gymnasiums shall be shared equally between City and District. City shall Exhibit'B" • Gymnasiums Program Page 2 directly pay the distributors on a regular basis. District shall reimburse City for the District share of these costs on an annual basis. E. Security City shall pay for the installation of a security system. The system monitoring costs shall be shared equally between City and District. The District shall reimburse the City for the District's share of costs. City will provide for the issuance of keys to the facility. The Parties intend that the number of keys issued to both City and District personnel be limited. Accordingly, City shall maintain a list of persons to whom keys have been issued. F. Janitorial Services City and District shall both provide janitorial and general cleanup services subject to the following provisions: 1. City and District shall jointly set guidelines and standards of custodial maintenance, which shall be monitored by both Parties. A maintenance schedule shall be posted onsite with copies to appropriate City and District personnel. 2. District shall provide custodial personnel to clean the Gymnasiums Monday through Friday, and City on Saturdays and Sundays. District shall, on an annual basis, provide City with a register of custodial hourly costs for times when City has primary use. City shall reimburse District for said costs on an annual basis. Should there be a change in custodial costs or services, the District shall notify the City of the new custodial fees at least thirty (30) days before they take effect. 3. District shall be responsible for providing all consumable custodial supplies and equipment (i.e., cleaning and paper products, mops). Exhibit ''C' • • Fields Program Page 2 C. Fields Equipment and Improvements City and District will share equally in the replacement cost of all common equipment, regardless of when damage occurred except as follows: 1. City shall provide and maintain all lighting, timers, and meters at Valley and Meadowbrook fields. 2. District shall provide and maintain all lighting, timers and meters at the Poway High School football fieldltrack. D. Fields Maintenance - General 1. District shall be solely responsible for and shall execute the maintenance and repair of all District real property and installations (fences, equipment, fields, turf, irrigation systems, etc.) in accordance with standards described herein. Neither City nor District shall be responsible for maintenance and repair of concession /restroom facilities at Pomerado and Tierra Bonita Elementary Schools, which are %operated and maintained by the Poway Youth Sports Leagues holding use permits. 2. Determining responsibility for maintenance and repair of future City - erected structures or other installations on District property shall be mutually agreed upon and established in writing at the time the improvement is approved by District. 3. City and District shall cooperate in maintaining and protecting the Fields and shall limit use at times such both Parties ,mutually determine use is deemed to result in damage, an unsafe surface, or interfere with major repair or restoration. 4. City and District shall periodically review maintenance standards and practices and mutually agree upon recommended changes. 5. Upon request by the District, the City shall reimburse District for materials for field maintenance and renovation projects on Fields previously renovated or constructed by the City in an amount not to exceed:$35,000 during FY 07/08. The maximum reimbursement level shall be increased by $1 „000 per fiscal year for the remainder of the agreement period. City may directly pay the landscape material suppliers for .materials used on District fields, or reimburse the District' within sixty (60) days of receipt of supplier invoices directly paid by District. Exhibit "C" • • Fields Program Page 2 6. Fields Maintenance— Schedule District is to maintain 41 Fields renovated or constructed by City in a safe, clean, and well = maintained condition,, being; adamant in its approach to improve soil conditions, which include the following routines: Daily Routine a. Pick up trash on grounds. b. Remove any safety hazards. Weekly Routine a. Mowing: Mow all fields and insure a uniform cut. b. Irrigation: i. Set watering cycles to achieve moisture at a 6 -inch depth; ii. Check and repair irrigation, clocks, heads, valves and coverage. C. Examine Turf for Pests and Disease: Apply controls immediately upon detection of a problem. d. Weed Controls: i. Edge un- mowable areas once a.month; ii. Apply herbicides as required. e. Fencing Check for needed repairs and repair as required. f. Dugouts, Sidewalks and Bleachers — trash cans emptied daily. g. Trees and Shrubs: i. Inspect trees for staking, disease, and damage; ii. Replace dead plant materials as required. Month ly.Routine a. Verify high use of compacted area as required, always before fertilizing. b. Low spots in the turf will be corrected by an application of a sand mix and top- dressed. Holes in turf will be filled and sodded or seeded as detected. Quarterly Routine Fertilization Program — apply fertilizer to cool season grasses at an N -P- K ration of approximately 2 -1 -1 or 3-1-Z Warm season grasses require an approximate ratio of 4 -1 -11. Exhibit "C • • Fields Program Page 3 Annual Routine a. Infield' Maintenance: Apply additional brick dust to infields, at a rate of 20 yards per field. At Midland School, the rate shall be 10 yards per field as needed. b. Overseed and top-dress all bare or sparse turf areas. Ballfield Infield'and Warning Tracks All surface irregularities (high and low spots) will be checked and corrected in both the infield and warning tracks. Litter Removal: City is responsible for field litter removal during and after City events. Non -City permit holders are responsible for field litter removal during and after their events: District is responsible for litter removal at all other times. E. Utilities District is responsible for use charges for all utilities associated with Fields use, including, but not limited to, electrical, field lighting, water, and sewer, with the following exceptions: 1. City shall pay all electrical expenses associated with soccer field lighting at Valley Elementary School and Meadowbrook Middle School. District shall reimburse City for its light usage on an ,annual basis. City shall be solely responsible for the cost of all utility hookups associated with the construction and operation of the Joint Use Facility. 2. All Poway Youth Sports Leagues will be charged directly for their usage of sports and field lighting. F. Facilities Use Charges— Fields Concession Areas City and District shall mutually establish fees and coordinate the use of the concession areas located at Meadowbrook and Twin Peaks fields. 0 EXHIBIT "D" Library,and Multi- Purpose Rooms Program A. Purpose The main purpose of the library/multi - purpose room is to provide the students of Midland Elementary School, and the community members of the City of Poway, regular access to library facilities. The library/multi- purpose room, in addition to supporting the District's educational purposes, will support many youth and community groups and will be provided at minimal cost to the community. The library/multi - purpose room is intended to support indoor activities; but not limited to, arts, crafts, meetings, and generally non - physical activities that are organized by the District or City. B. Equipment and Improvements City and. District will share equally in the replacement cost of all common equipment, regardless of when damage occurred'except as follows: District shall provide and maintain all lighting, timers and meters at the Midland Elementary School library/multi- purpose room. C. Utilities District reserves the right to request reimbursement from City for utility costs for use of the library and multi - purpose room at Midland Elementary School, which City shall pay should such request be deemed reasonable. D. Janitorial Services District shall provide custodial personnel to clean the rooms and invoice the City for custodial coverage for City use outside of PUSD's regular hours of operation. City shall ensure that rooms are returned to the same condition as when they were entered.