Loading...
HomeMy WebLinkAboutItem 7.1 VlyHighSchlComtyUseGym (2) ~. <( CITY CLERK File # n~~l?l-~lQL . AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 16,1997 SUBJECT: Community Use Gymnasium at Valley High School Report by: Diane Lowart, Parks & Community Services Director EXHIBITS ATTACHED: 1) Resolution approving and authorizing execution of agreement with Dublin Unified School District regarding joint funding of community use gymnasium and repealing January 18, 1991 and ~ctober 24, 1995 agreements ~. RECOMMENDATION: ~ Adopt Resolution FINANCIAL STATEMENT: The incremental cost to the City is $1,004,016 ($1,059,237 including a 5.5% contingency) to be paid in four equal installments no later than January 30, 1999, January 30, 2000, January 30, 2001 and January 30, 2002. No costs will be incurred during Fiscal Year 1997-98. Funding for this project will need to come from Debt Service savings once the Civic Center is defeased in 1999. DESCRIPTION: At the September 2, 1997 meeting of the Dublin City Council, the .ouncil gave conceptual approval to a draft agreement between the City of Dublin and the Dublin Unified School District regarding joint funding of a community use gymnasium at Valley High School. The community use gymnasium at Valley High School was part of a larger construction project which- included the construction of an administrative wing, weight room and family room at Valley High School, construction of a math/science building at Wells Middle School and site work at both Valley High School and Wells Middle School. The District opened bids for the WellsNalley Construction Project on August 28, 1997; a breakdown of the bid results is shown below. Breakdown District Gym ~ City Division Packllfe AUlust Bids ~ Yallu Portion 65.7% Portion 34.3% Division 1 Building $4,747,140 $3,322,998 $1,424,142 $ 935,661 $ 488,481 Division 2 Electrical 997,000 540,542 456,458 299,893 156,565 Division 3 Mechanical 1,157,422 810,195 347,227 228,128 119,099 Division 4 Fire Protection 196,000 147,000 49,000 32,193 16,807 Division 5 Elevator 52,000 52,000 0 0 0 Division 6 Painting 107,000 62,060 44,940 29,526 15,414 Division 7 Site Work. 581,700 501,820 79,880 52,481 27,399 Division 8 Bleachers 96,337 0 96,337 63,293 33,044 Division 9 Flooring 159,805 61,605 98,200 64,517 33,683 Division 10 Masonry 793.465 462.490 330.975 217.451 113.524 Subtotab $8,887,869 $5,960,710 : $2,927,159 $1,923,143 $1,004,016 ~-----------------------CO})UEST():---~~;~o:::~;~~~~:~~~~--------- Dublin Unified School District ITEM NO.--.L1 F:\dusd\commgym\ccmt916.doc Ca"/ed Forward Subtotal: · Balance of Site Work: Change Order #1 (Sod): $8,887,869 1,086,282 66.000 $2,927,159 $1,004,016 $1,923,143 $5,960,710 1,086,282 66.000 $7,112,992 . Subtotal: $10,040,151 Soft Costs: Testing Services (1.5%): Inspection Fees (1.5%): Project Mgmt (3.5%): Contingency (5.5%): Total Costs Less District Allocation: Less City Contribution: District Shortfall: $1,923,143 $2,927,159 $1,004,016 150,602 150,602 351,405 552.]42 $11,244,903 $9,150,000 $1.004.016 $1,090,887 A meeting of the CityIDistrict Liaison Committee was held on September 9, 1997 to review the draft agreement and to discuss the bid results. The consensus of the Liaison Committee was to move forward with the project A specialimeeting of the District Board of Trustees was held on September 10, 1997 to review District capital' facilities construction projects and to identify alternative resources for the District to make-up the shortfall for the WellsNalley Construction project. The consensus of the Board was to revise the District's three year capital facilities construction plan to accommodate the construction of the WelIs/Valley project. The proposed Agreement Between City of Dublin and Dublin Unified School District Regarding Joint Funding of Valley High School Gymnasium and Repealing January 21, 1991 and October 24, 1995 Agreements is shown as Exhibit A to the Resolution (Attachment 1). There are several changes between the proposed agreement and the draft agreement that- was presented to the City Council on September 2, 1997. The changes are summarized below: . Paie 1 - Title of Aifeement. At the request of the District, the project name has changed from Valley High School Gymnasium to Community Use Gymnasium. P2ie 2 & 3 - Sectioo. 2. Description of Gym. The square footage of the project has been updated from approximately 16,300 s.f. to 17,500 s.f. to reflect the final design of the building. Paie 3 - Section 3. Construction of Gym. - The date for commencement of constroction has been identified as November 1, 1997. Commencement of construction is defined to mean that the contract has been executed and the notice to proceed issued. P2ie 3 & 4 - Section 5. Payment by City of Incremental Cost of Construction. 1) The reimbursement amount has been identified as $1,004,016 which is 34.3% of the cost of construction of $2,927,159. 2) Language has been added to clarify that change orders related to the gym will be apportioned 34.3% to City and 65.7% to District; change orders related to areas other than the gym will be the responsibility of the District; and all other change orders will be negotiated separately. 3) An additional year has been added to the reimbursement schedule so that the City now has four years to pay back the District instead of three years. P8,ie 5 - Section 7. City's Use of Crym. - The times for use on Sundays has been changed from 8:00 to . 10:00 pm. to. 10:00 a.m. to 10:00 p.m. -;J..-- . ." " - ~ Paae 7 - Section 13. Reimbursement to City of Incremental Cost. Language has been added to indicate that the amortization schedule will be updated upon completion of the project to reflect the City's total reimbursement amount, including any change orders. . . Pa.ge 7 _ Section 14. School Sale or Closure. The percentage of operating costs of the gym that the City will reimburse the District for in the event that the sehoolis closed has been identified as 100% (provided that the City has exclusive use of the gym). In addition to the changes identified previously, the amortization sche4u1e has been included as Exhibit E to the agreement. The building will be amortized over a 35 year period. The estimated cost to the City for construction of the gymnasium is $1,004,016. Staff recommends including a 5.5% contingency, which brings the total funds needed to $1,059,237. This amount is approximately 48% more than the preliminary estimate prepared for the project in 1995. This is due, in part, to the resurgence of the economy which has resulted in a boom in the building industry and increased construction costs. It should be noted, however, that the City now has four years over which to reimburse the District with the :first payment being due in Fiscal Year 1998-99 (no later. than January 30, 1999). Staff anticipates that savings from the defeasance of the Civic Center debt will need to be utilized to fund this project. It is recommended that the City Council adopt the resoluv-on (Attachment 1) approving and authorizing execution of agreement with Dublin Unified School District regarding joint funding of community use gymnasium and repealing January 18, 1991 and October 24,1995 agreements. . . ~ RESOLUfION NO. - 97 . A RESOLUfION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AND AUfHORIZING EXECUfION OF AGREEMENT WITH DUBLIN UNIFIED SCHOOL DISTRICT REGARDING JOINT FUNDING OF COM:MUNITY USE GYMNASIUM AND REPEALING JANUARY 18, 1991 AND OCTOBER 24, 1995 AGREEMENTS WHEREAS, City and District are parties to an agreement dated September 25, 1989 entitled "Agreement Between City of Dublin and Dublin Unified School District Regarding use of Facilities" (hereafter ..Master Joint Use Agreement") which provides for the joint use of various City and District facilities; and WHEREAS, City and District are also parties to an agreement dated January 28, 1991 entitled .'Agreement" ("Dublin High Baseball Field Agreement") which provides for funding to renovate the Dublin High School baseball fields and the girls' athletic field; and WHEREAS, City and District are also parties to an agreement dated October 24, 1995 entitled "Agreement Between City of Dublin and Dublin Unified School District Regarding Joint Use of School . Facilities (Gymnasium) and Amending September 25, 1989 Joint Use Agreement" ("Gymnasium Agreement") which provides for construction and annual funding of maintenance costs of a gymnasium to be constructed at Valley High School; and WHEREAS, City has identified a need for additional gymnasium space in the City for community recreational purposes; and WHEREAS, District plans to remodel Valley High School to include offices, reception, conference, toilet and workroom areas; and WHEREAS, District has identified funding for a multi-purpose room at Valley High School but has inadequate funding to construct a gymnasium at Valley High School; and WHEREAS, City and District representatives have met and have identified the expansion of the proposed multi-purpose room as the preferred means of providing the needed gymnasium space; and WHEREAS, City and District desire to provide for the expansion of the proposed Valley High School multi-purpose room so that it can function as a community use gymnasium to meet the needs of organized sports leagues and local community groups in City; and . WHEREAS, it is necessary to establish site specific duties and obligations for the improvements. NOW, TIffiREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby fmd that: ATTACHMENT 1 I. The agreement attached hereto in Exhibit A is hereby approved and ratified and the Mayor is authorized and directed to sign it. PASSED, APPROVED AND ADOPTED this 16th day of September, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk . . . . . . AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT REGARDING JOINT FUNDING OF COMMUNITY USE GYMNASIUM AND REPEALING JANUARY, 28,1991 AND OCTOBER 24, 1995 AGREEMENTS TIlis Agreement ("Agreement") is entered into this _ day of , 1997, by and between the City of Dublin, a municipal corporation ("City") and the Dublin Unified Sd1001 District, a subdivision of the State of California ("District"). RECITALS A. City and District are parties to an agreement dated September" 25, 1989 entitled "Agreement Between City of Dublin and Dublin Unified School District Regarding Use of Facilities" (the "Master Joint Use Agreement") which provides for joint use of various City and District facilities. B. City and District are also parties to an agreement dated January 28, 1991 entitled "Agreement" ("Dublin High Baseball Field Agreement") which provides for funding to renovate tlle Dublin High School baseball fields and the girls' atluetic field. . C. City and District are also parties to an agreement dated October 24, 1995 entitled "Agreement Between City of Dublin and Dublin Unified School Distlict Regarding Joint Use of Sdlool Facilities (Gymnasium) and Amending September 25,1989 Joint Use Agreement" ("GyrnnasiumAgreement") which provides for construction and annual funding of maintenance costs of a gymnasium to be constructed at Valley High SchooL D. City has identified a need for additional gymnasium space in the City for community l"ecreational purposes. E. Distlict plans to remodel Valley High SchooL Such remodeling will include offices, reception, conference, toilet and workroom areas; Agreement Between City of Dublin and Dublin Unified School District - Volley High School Gym Page 1 of 10 September 10, 1997 Exhibit A of Resolution F. District has identified funding for a multi-purpose room at Valley High School but has inadequate funding to construct a gynmasium at Valley High School. . G. City and District representatives have met and have identified the expansion of tile proposed multi-purpose room as tlle prefen-ed means of providing the needed gYllUlasium space. H. City and District desire to provide for tlle expansion of tlle proposed Valley High School multi-pllIpose room so tllat it can fWlttion as a cOllullunity use gynmasium to meet tlle needs of organized sport.s leagues and local conullunity groups in City. I. City and District al-e authorized to enter into this Agreement by Education Code Sections 10900 et seq. And Section 10905 in particular, for tlle pUlpose of improving and maintaining n:cl-eation facilities for tlle benefit of students of the District and n:sidents of the City, AGREEMENT Now, tllerefOL-e, City and District agree as follows: 1. Repeal of Dublin High Baseball Field Agreement and Gynmasium A.greement . TIle Dublin High Baseball Field Agr-eement (Exhibit A hereto) and the Gymnasium Agreement (Exhibit B hereto) are hereby repealed in their entirely. By repealing the Gymnasium Agt-eement, City and District intend that the amendment made by the Gynmasium Agt'eement to Paragr-aph 3 of the Master Joint Use Agr"eement shall be repealed and Paragr-aph 3 of the Master Joint Use Agr"eement shall continue in effect as set f011.h in the Master Joint Use Agr-eement. 2. Descliption of Gym The gymnasium at Valley High School ("gym") shall be approximately 17,500 s.f. consisting of the following approximate areas: A) 10,000 SF gymnasium with hardwood floor and bleacher seating for 200 people per side which shall accommodate one full sized basketball court (84' x 50'), two half-court basketball courts (74' x 42'), one full sized volleyball court (60' x 30') and two half-court Agreement Between City of Dublin a.nd Dublin Unified School District - Valley High School Gym Page 2 of 10 September 10, 1997 . . . . volleyball courts; B) weight room and storage - 1050 SF; C) family room 1050 SF; D) offices, reception, conference, toilet and workroom for Valley High. 2000 SF; E) kitchen/concession - 260 SF; F) lobby - 940 SF; G) toilets/dressing areas - 670 SF; H) janitor/mechanical/electrical areas - 310 SF; I) storage - 600 SF; and J) corridor - 150 SF. 3. Construction of Gym District shall construct the gym to District specifications. Constnlction shall conunence no later tllan November 1, 1997. District shall proceed diligently Witll construction. City may, but is not obligated to conduct periodic inspections of the gynmasiums construction. City agrees to make all reasonable efforts to notify District of City's plans to inspect. District shall notify City of constnlction conferences and City may be present at tllese conferences. 4. Funding for Construction of Gym District shall pay for 100% of tlle total cost of constructing the gym which shall consist of preliminary engineering, design, constnlction engineering, construction, inspection and all required permits. 5. Payment by City of Incremental Cost of Construction City shall reimbur'se DistIict for part of tlle cost of conruuction of the gym. The amount to be paid by City to DistIict, referred to as tlle "Incremental Cost of Conruuction," shall be One Million Four 1110usand and Sixteen Dollars ($1,004,016.00), which is 34.3% oftlle cost of construction of Two Million Nine Hundred Twenty-Seven l1lousand One Hundred Fifty Nine Dollars ($2,927,159.00), not including tlle cost of preliminal)' engineeling, design, constluction engineeling, inspection and peunits. City shall pay 34.3% of cllange orders related to tlle base constmction plans and completion of the facility in accordance with ctln-ent codes and regulations provided that: 1) the changes are directly related to the gym (defined as areas 2A, 2E, 2G and 21); and 2) the City has approved such cllange orders. Disttict shall pay . - 100% of change orders related to areas other than the gym (defined as areas 2B, 2C, 2D, 2F, 2H and 21). All other change orders that relate to tlle base construction Agreement Between City of Dublin :md Duhlin Unified School District - Vnlley High Sc-hool Gym Page 3 of 10 September 10, 1997 plans shall be negotiated separately and, if approved by bodl City and District, shall be apportioned as follows (City 34.3%fDistrict 65.7%). . City's payment to DistJ"ict of the Incremental Cost of Construction, plus any increase in such amount clue to change orders, shall be in four equal payments to be made no later dlan January 30, 1999, January 30,2000, January 30,2001, and January 30,2002. 6. Maintenance and Operating Costs of Gym A. District will provide all maintenance for the gym. SUcll maintenance will include custodial services (on a daily, weekly, monthly and aIUlllal basis as set forth in Exhibit C hereto); both interior and exterior surface maintenance; maintenance of electrical, plumbing and mechanical systems; roof maintenance; floor maintenance; and similar maintenance necessary to keep a gynmasimll in first-class repair. B. City w ill reimburse District for its prorated share of expenses related to repair and maintenance of gym furnishings, which include bleachers, backboards, scoreboards and floor surfaces. . C. City will reimburse District for dle cost of repair of any damage (excluding general wear and tear) to the interior of the gym whicll occurs durhig dle times City has the exclusive right to use of dle gym, provided that if District anticipates that dle cost of sucll repairs will exceed $500.00, Dist1ict shall provide City with advance Wlitten notice of the estimated cost of such l'epairs and shall allow City the light to perfOln1 the repairs itself D. City will reimburse District for its prorated shal-e of the Distlict's annual cost of operations and maintenance of dle gym excluding those areas descdbed in 2B, 2C, 2D, 2F, 2H, and 2J ("operating costs"). City's prorated share is agreed to be 69%, based on the amount of time City has the use of the gym in relation to the amount of time the District has the use of the gym. Such operating costs shall only include custodial sClVices and supplies, utilities and an annual set-aside for floor refinishing. Distdct's operating costs (excluding the annual set aside) shall include a percentage increase equal to District's State approved actual indirect cost rate. District shall provide City with a statement of actual annual operating costs for the prior fiscal year no later than September 30. City shall pay such costs within 30 days of presentation of such statement. City shall have the light to inspect District's records Agreement Between City of Dublin and Dllblin Unified School District ~ Valley High School Gym Page 4 of 10 September 10, 1997 . . . . relating to such costs upon advance written notice. City and District shall annually, no later than September I of each year, reconcile the City's actual use of the gym in relation to the District's use of the gym to determine whether the City's prorated share of use is greater or less than 69%. In the event that the use is greater or less than 69%, the amount paid by City or District for operating costs shall be adjusted accordingly. 7. City's Use of Gym A. City shall have the exclusive use of the gym for City and community use for sports practices and events typically held in gymnasiums, as follows: Use durinli times when school is in session: Monday to Friday Saturday Sunday 3 :00 p.m. to 10:00 p.m. 8:00 a.m. to 10:00 p.m. 10:00 am. to 10:00 p.m. Use durinli times when school is not in session (holidays and summer break): Monday to Saturday Sunday 8:00 a.m. to 10:00 p.m. 10:00 a.m. to 10:00 p.m. Notwithstanding the above, the parties acknowledge that District may close the gym for a period of up to one month on an annual basis to perform deferred maintenance (typically during the summer). The times shall be scheduled by District by written notification to City no later than three months prior to the work being initiated. B. City shall schedule all use of the gym for City and community use during the times that City has exclusive use of the gym. City shall require all users to carry public liability insurance in an amount and form acceptable to and approved by City naming both City and District as additional insureds and shall require all users to indemnify and defend both City and District against any claims arising as a result of such user's negligence in use of the gym. C. City shall provide qualified supervision during all times the gym is used for City or community use during the times that City has exclusive use of the gym, at no cost to District. At a minimum, supervision shall meet the specified criteria set forth in Exhibit D hereto. The provision of such supervision shall be at City's expense. Agreement Between City of Dublin and Dublin Unified School District. Valley High School Gym PageS ofl 0 September 10, 1997 D. City shall notity Distlict if the gym is damaged during the times City has exclusive use of the gym or appears in need of repair. City shall promptIy notify the Police Department of any v:mdalism which City obseIVes has occurred. . E. City may impose, collect and retain facility use fees for City and/or conununity use of the gym during hours that the City has the exclusive use of the gym. City's fee schedules shall be in accordance with those fee schedules imposed by District for similar facilities. 8. District's Use of Gym A. District shall have the exdusive use of the gym at all times during whkh City clOf':S not havf" f"xdnsivf" nSf" ofthf" gym. B. Notwithstanding the provisions of paragraph 7, District may reserve the gym for District-related use deemed appropriate by District ten (10) times each school year at no cost to District. The times shall be scheduled by District by written notification to City no later than October 1 of each school year. Requests for use by District received after October 1 shall be subject to availability. C. Requests for use by District which exceed the ten times each school . year identified in paragraph 8(B) are subject to wlitten approval from tile City Manager and District Superintendent or their designated representatives. 9. Indemnification and Insurance A. City and District shall carry genernlliability insurance in an amount of at least $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, to insure against claims for injuries to persons or damage to property which may arise from or in connection with tile use of the gym by either party. City shall name District as an additional insured on its policy and District shall name City as an additional insured on its policy. R Di~ric.t shall rleJf':nd, inrlf':mnity and hold City hannlf':ss from all claims for loss, liability, expense, or damages (including costs of suit) arising as a result of the District's use of the gym pursuant to this Agreement. This provision shall not be constnled to exempt the City, its employees or officers. from its own fraud, willful injury or violation oflaw. Agreement Between City of Dublin and Dublin Unified School District. Volley High School Gym Page 6 of 10 September 10, 1997 . . . . C. City shall defend, indenmify and hold District hannless from all claims for loss, liability, expense, or damag-es (induding- costs of suit) arising- as a result of the City'.s use of the gym pursuant to this Agreement. 111is provision shall not be construed to exempt the District, its employees or officers, from its own fraud, willful injury or violation oflaw. 10. Annual Review Each year for the first three years of the Agreement during the month of March, City and District, through their respective staffs, shall meet to review the Agreement. Thereafter, the Agreement shall be so reviewed on a biennial basis. I I. Te:rm of Agree:ment The term of thi~ Agreement ~h~ll be 99 ye~n;, commencing on the effective chte. 12. Early Tennination This Agreement may be tenninated by either party by one year's advance written noLice Lo the oLlier parLy. 13. Reimbursement to City of Incremental Cost In the event that District elects to tenrunate this Agreement pursuant to Paragraph 12 District shall reimburse City in the manner set forth in Exhibit E, an amortization schedule. The amortization schedule shall be updated to reflect the City's total reimbursement pursuant to Paragrnph 5, including any change orders. 14. School Sale or Closure If District sells such property to a person or entity other than City, City shall be reimbursed for its Incremental Cost of Constnlction as set forth in Exhibit E. Tn the: e:ve:nt. thM the: District dose:s V~l1e:y High School hut re:t~ins the: school fOT future use, District shall continue its maintenance of the gym. as provided in paragraph 6 and City will reimburse District for 100% of the operating costs of the gym provided that the City has exclusive use of the gym. At its option, City shall be entitled to increase the houTS of use of the gym over those set forth in paragraph 7. Agreement Between City of Dublin and Dublin Unified School District. Valley High School Gym Page 7 of 10 September 10, 1997 15. Additional Documents and Agreements . The. parties agree to cooperate in the execution of any additional documents which may bc required to carry out the terms of this Agreement. 16. Successors This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively. 17. Constmction of Agreement This Agreement shall be constmed and enforced pursuant to the laws of the State of California. The foregoing Recitals are tnle and correct and are made a part hereof. 18. Notices Whenever notice is required heretmder, it shall be given to the parties as follows: To: City City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 . To: District District Superintendent Dublin Unified School District 747 I Larkdale Avenue Dublin, CA 94568 19 _ Entire Agreement This document embodies the entire terms and conditions of the Agreement described herein. This Agreement may be executed in two countetparts, each of which shall constitute an original. Agreement Between City of Dublin and Dublin Unified School District - Valley High School Gym Page 8 of 10 . September 10, 1997 . . . . 20. Effective Date The .effective date of the Agreement shall be Dated: Attest: City Clerk Approved as to form: Cil Y Allomey Dated: Attest: Clerk of the Board , 1997. CITY OF DUBLIN Mayor DUBLIN UNIFIED SCHOOL DISTRICT President, Board of Trustees Agreement Between City of Dublin and Dublin Unified School District. Valley High School Gym Page 9 of 10 September 10, 1997 Approved as to form: District Counsel J:\WPD\MNRSW'I 114\AGREEW AllEYHS.CLN nnS;rja Agreement Between City of Dublin and Dublin Unified School District - Valley High School Gym Page 10 of 10 September 10, 1997 . . . EXHIBIT A . AGREEMEN'l' THIS AGREEMEN1', made and entered into this ~ day of VMUff!?V I 199~, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called lICITY," and the DUBLIN UNIFIED SCHOOL DISTRICT, hereinafter .called. "DISTRICTlI. ~ : WITNESSETH WHEREAS, the CITY and the DISTRICT have entered into an agreement for "joint use of DISTRICT facilities and improvement thereto entitled "Agreement Between city of Dublin and Dublin Unified School District Regarding Use qf Facilities" (referred to as "Master Agreement"); and WHEREAS, it is necessary to establish site s~ecific duties and obligations for the improvement of each DISTRICT fac~lity; and WHEREAS, the CITY and the DISTRICT have agreed to'proceed on the project .entitled "Dublin High School Baseball Field and Gir~s Ath~etic Field Renovation". ' NOW, THEREFORE, in consideration of the promises herein and in the Master Agreement dated Septeluber 25, 1989, the CITY and the DISTRICT agree as follows: 1) The scope of Project No. 3 entitled llDublin High School. Baseball and Girls Athletic Field Renovation" shall be based on the design approved by the city Council on December 18, 1990 and shall include the following elements: ' a) Baseball Fields ~'urf Area to include lICambridge" sand drain system, aeration and overseed of entire - area, added ---.' tUrf'~"" and:'-irrigation adjacent to tennis' and - basketball ~ .... 'courts, 7 and 9uarry waste path. . b) Varsity Infield and Bleacher bleachers (170-seat capacity), paving, sand clay infield and xencing and batting cage. Area to include grading, backstop, decomposed granite infield turf and irrigation, c) Junior Varsity Infield and grading, bleachers (GO-seat 9ranite paving, sand . clay ~rrigation, and fencing. Bleacher Area to include capacity), backstop, decomposed infield and infield turf and , . d) Girls Softball Fields to include t1Cambridgell sand drain system I aeration and overseed of entire area, - 'added turf and irrigation to the South, portable .bleachers (GO-seat capacity) , _ bacJc.stops, decomposed granite,;- paving ,. ,and sand clay infields. ' ." . -,' . e) .'--Irrigation"Upgrade to incliide" ci-new"-controller and valve wiring at baseball fields and a booster pump. . -1- ~. I ( 2) The ~reliminary budget estimate item~zed as follows: "-- for the project is $549,500 Improvements: Design/Inspectien~ $496,250 $ 53,250 .' In the event that the centract fer the preject exceeds the sum .of ,,$549,500, the CITY reserves the right te reduce the scape .of werk. The area .te be elinllnated .or reduced shall be determined by cemmen agreement between the CITY and the DISTRICT. In the event that the centract fer the. project $549,500, toe CITY reserves the right te add alternates shewn in prierity .order: a) Replace Existing sprinkler Heads b) Additienal Landscaping c) Scerers Boeth d) High Net Fencing Alang Canal 3) The CITY shall be the preject caardinator, and its respansibility fer this project shall be as Iollows: c~ d) .. , .... -s) is less than the follewing a) Selectian .of Architect/Engineer; . b) Review .of. the Architect's plans, specifications, an. estimates.,wi~ ~nput from the DISTRICT; Adve~tisi~g- a~d award of bid to the Centractar;. . :.. . ~ - .. . Inspectien- . of DISTRICT; the Contractor's work, wi th input from "the - Payment-af monies' due far architectural 'services, cantract work, '.and CITY staff assigned t.a the p~oject; x) Acceptance of":Contractar' s work as campI ete ~ 4) The DISTRICT's respansibility far this project shall be as fallows: Review .of Architect's plans and specificatians and. prevision .of comments. to CITY; Periodic field reviews with CITY Staff during canstruction and provisian .of camments to CITY re~ating to canstruction progress and quality; c) Payment ox' all DISTRICT staff costs relating to this praject; , a) b) d) .. IJ.- Payment of all construction. utility this cests praject. dUri~g. for -2- . . 5) . .. 6) '. " .' .'. ".-'.-. r ,-- . . . .....-.. ...... .... .... ..' .....&. 0" .. ... '-...- -.... ...... ....-.:.. -0" :. The CITY and-the DISTRICT shall work together to schedule the · actual construction work to be done between May 13, 1991 and September 13, 1991 in order that the fields will be playable for the 1991 season. The DISTRICT will not schedule any other eventr on the fields during this time period without prior writteI. approval from the CITY. ' Upon. completion of the improvements under this agreement, maintenance responsibilities shall be apportioned as follows: a) CITY shall provide at its sole cost and expense, maintenance to the infields, turf areas and landscaped areas. This includes'mowing, fertilization, and irrigation repair. b) DISTRICT shall provide at its sole cost and expense, maintenance to bleachers,' backsto~s, decomposed granite paving, quarry 'waste path, fenc1ng and. batting cage. DISTRICT shall be responsible for payment of all,utilities including gas, electricity, water, and sewer. DISTRICT agrees to provide regularly scheduled school maintenance responsibilities. CITY with:; ~cces~ to grounds during hours . in order to carry out IN WITNESS WHEREOF, the parties have caused this. Agreement to be executed by their respective officers and duly authorized by 'the CITY the day and year first above written. . ATTEST: ~.l{OG~d~7 . '11.: Clerk .. . . . CITY OF DUBLIN, . . -~al Corporation . ~,~ , .. . " MaYor:. :'. . .. . l~ ST:(cL d It!~MI ~ I Clerk of the Board DUBLIN, UNIFIED ,SCHOOL DISTRICT -I7!iJzw;ti. ~d~:2- 1,resident, Board ~,of . ,Trustees " ..~ -3- EXHIBIT B AGREEM,ENT BET"'EEN CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTIUCT REGARDING JOINT USE OF SCHOOL FACILITIES (GYMNASIUM) AND AMENDING SEPTE1\1BER 25,1989 JOINT USE AGREEMENT . This Agreement (entitled "Agreement Between City of Dublin and Dublin Unified School District Regarding Joint USe( of School Facilities (Gynmasium) an~ Amending September 25, 1989 Joint Use Agreement) hereafter ("Agreement") is entered into this,z4t. day of October, 1995, by and between the City of Dublin, a municipal corporation ("City") and the Dublin Unified School District, a subdivision of the State ("District"). RECITALS . A. City and District are parties to an agreement dated September 25, 1989 entitled "Agreement Between City of Dublin and Dublin Unified School District Regarding use of Facilities" (hereafter "Master Joint Use Agreement") which provides for the joint use of various City and District facilities. B. City identified a need for additional gynmasium space in the City for community recreational purposes. . . '.:::':: C. District's preliminmy master plan for Valley High School includes a gymnasium/multi- purpose room. .. . . _.. D. A TaskForce of City, District and community representatives identified the expansion of.the proposed,Valley High School gymnasium/multi-purpose room as the preferred means of providing the needed'gymiiasium space. " . E. City and District desire to provide for the expansion of the Valley High School gymnasiUp:l!multi-purpose room so that it can function as a community gymnasium to meet the needs of , organized sports leagues and local community groups. .' , " . , .~. , :.' t . ., . F. . City and District are authorized to enter into this Agreement by Education Code sections 10900 et. seq.. and section 10905, in particular, for the purpose of improving and maintaining recreation facilities for the benefit of students of the District and residents of the City. ..' AGREEMENT ~, 1. Description of Gym The gymnasium atValIey High School ("gym") shall be approximately 16,30'0 s.f. consisting.o. the following approximate areas: A) gymnasium with hardwood floor and bleacher seating for 400 people - 10,000 SF which shall accommodate one full sized basketball court (84' .x 50'), two halJ-court basketball courts (74' x 42'), one full sized volleyball court (60' x 30') and two half-court volleyball I ~ courts; B) weight room and storage - 895 SF; c) family room 965 SF; D) offices, reception, conference, ..0 ." . ..;: . . ~ . . 1 .,' .', ". " . '.- .' .:>..: .... - . - ". ".".. . .' '. toilel and ,workroom for Valley High - 1585 SF; E) kitchen/concession - 175 SF; F) lobby - 850 SF; . G) toilets/dressing areas - 580 SF; H) janilor/mechanical/electrical areas - 310 SF; J) storage - 780 SF; and J) corridor - 180 SF. 2. Gym Construction District shall construct and fund 100% of the cost of constructing the gym, including the additional cost necessary to expand the gym to accommodate community use. Costs of construction shall include prelirnimny engineering, design, construction engineering, construction, inspection and all required permits. 3. Maintenance and Operatinji Costs a. District will provide all maintenance for the gym. Such maintenance 'Will include custodial- services (on a daily, weekly, monthly and annual basis as set forth in Exhibit A hereto); both interior and . exterior surface mailltenance; maintenance of electrical, plumbing and mechanical systems; roof maintenance; fipor maintenance; and similar maintenance necessary to keep a gymnasium in first-class reparr. b. . City will reinlburse District for its expenses related to repair and maintenance of gym furnishings, which include bleachers, backboards, scoreboards and floor surfaces. . c. City will reimburse District for any damage (excluding general wear and tear) to the interior ofllie gym which occurs during the times City has the exclusive right to use of the gym, provided that if.::.;_.._: District anticipates that the cost of such repairs will exceed $500.00, District shall provide City with -':":,:': advance written notice of the estimated cost of such repairs and shall allow City the right to perform the repairs itself. d. City will reimburse District for 100% of District's annual costs of keeping the gym (excluding those areas described in paragraph IB, Ie, 1D, IF, IH, and 11) in"operation (Uoperating costs"). Such operating costs shall only include custodial services and supplies, utilities and an annual set-aside for floor refini~hing.- Dis~ct's operating costs (excluding the annual set aside) sh8l1 include a percentage increase equal to District's State approved actual indirect cost rate. District shall provide City with a statement of actual annual operating costs for the prior .:fiscal yea:r no later than September 30. City shall pay such costs within 30 days of presentation of such statement. City shall have the right to inspect District's records relating to such costs upon advance written notice~. . .... 4. City's Use of Gym . a City shall have the exclusive use of the -gym for City and community use for sport's practices and events typically held in gymnasiums, as follows: . Use durin~ times when school is in session: Monday to Friday Saturday and Sunday 3:00 p.ro.. to 10:00 p.m. 9:00 am. to 10:00 p.m. . ~ - ." . .... 1'7 Use during times when school is not in session (holidays and summer break): '. Monday to Sunday 9:00 a.m. to 10:00 p.m. . Notwithstanding the above, the parties acknowledge that District may close the gym for a period of up to one month on an annual basis to perform deferred maintenance (typically during the summer). The times shall be scheduled by District by written notification to City no later than three months prior to the work being initiated. b. City shall schedule all use of the gym for City and community use during the times that City , has exclusive use of the gym. City shall require all users to carry public liability insurance in an amount and form acceptable to and approved by City naming both City and District as additional insureds and shall require all users to indemnify and defend both City and District against any claims arising as a result of such user's negligence in use of the gym. c. City shall provide qualified supervision during all times the gym is used for City or conimunity use during the times that City has exclusive use of the gym, at no cost to District. At a minlmwn, supervision shall meet the specified criteria set forth in Exhibit B. The provision of such supervision shall be at City's expense. d. City shall notify District if the gym is damaged during the times City has exclusive use of the gym or appears in need of repair. City shall promptly notify the Police Department of any vandalism. . which City observes has occurred. _ e~ City may i.ri1p~se, ,collect'and retain facility use fees " for City and/or community use of the . gym during hours that the City ~ the e~clusive use of the gym. City's fee schedules shall be in accordance with those fee schedules imposed by District for similar facilities. 5. District's Use of Gym a. District shall have the exclusive use of the gym at all times during which City does not have exclusive use of the gym.. ~;" "I_ . _, r -. ,b. Notwithstanding the provisions of,paragraph 4, District ,may reserve the gym for District- related use deemed appropriate by District ten - (1 0) times each school year at no cost to District. The times shall be scheduled by District by writteD.'notification to City no later than October 1 of each school year. Requests for Use by District received after O.ctober 1 shall be subject to availability. '. _f . .. I. , .. 1._ .... . . ~, .. -.., I';. . _ . , .... c. RequestS for"llS~ byDis.trict~luch exce"ed the ten times each school year identified in paragraph 5 (b) are subject to written approval from the City Manager and District Superintendent or their designated representatives. ' , 6: Indemnificat"ion and Insurance ~ . a. City ahd"District shall caiI)'-general liability'insurance in- ariamount of at least $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, to insure against claims for injuries to persons or damage to property which may arise from or in connection with 1(." 3 . - . '. . .'. ... . ~ -... . . .. . - . ," ..-. .... . . .. .' .' - '. . the use of the gym by either party. City shall name District as an additional i,nsured on its policy and District shall name City as an additional insured on its policy. b. District shall defend, indemnify and hold City hannless from all claims for loss, liability, expense, or damages (including costs of suit) arising as a result of the District's use of the gym pursuant to this Agreement TIlls provision shall not be construed to exempt the City, its employees or officers, from its own fraud, willful injury or violation of law. c. City shall defend, indemnify and hold District harmless from all claims for loss, liability, expense, or damages (including costs of suit) arising as a result of the City's use of the gym pursuant to this Agreement This provision shall not be construed to exempt the District, its employees or officers, from its own fraud, willful injury or violation of law. 7. Amendment of Master Joint Use A~reement re Swim Center a. Paragraph 3 (entitled "Use of Dublin Swim Center") of the Master Joint Use Agreement is amended to read as follows: "3. USE OF DUBLIN S"WIM CENTER. At no cost to DISTRlCT, CITY shall make the Dublin Swim Center available to DISTRlCT from February through May of each year for the purpose of . conducting swim team programs, swimming instruction and other appropriate aquatic programs as agreed upon by CITY and DISTRlCT. . DISTRICT shall submit to CITY a schedule of hours and days during which DISTRlCT will use':';',~,::" the Dublin Swim Center. CTIY agrees that DISTRlCT may use the Dublin Swim Center during time periods and on days set forth in said schedule, as approved by CITY in writing. DISTRICT may change. ~ days and times of use upon forty-eight (48) hoUrs advance notice to CITY in writing. During periods of time the Dublin Swim Center is used by DISTRICT, DISTRICT agrees to assume responsibility for the following: a . Supervision. . 1) . Supervision of persons using the pool; 2) Equipment necessary for the swim team's use including towels, suits and other equipment; 3) .' Swim instructors, lifeguards and swim coaches necessary to carry out the program meeting the specified minimum criteria set forth in the Health and .safety Code of the State of California If qualified DISTRICT personnel are not available, CITY will provide qualified personnel and DISTRl CT agrees upon a written invoice . from CITY to reimburse the CITY for direct cost of staffing the faCilitY;' . " 4) Covering the pool while not in use and uncovering it while in use; b.. . DISTRICT shall be responsible for pool's supervision at all times when the Swim Center is in use by DISTRICT and shall reimburse the CITY for any damages t6 the pool or other structures or installations caused by DISTRICT as a result of negligence, other than acts of God or ordinary wear and .tear." b. The foregoing amendment to paragraph 3 of the Master Joint Use Agreement shall be of no force or effect when this Agreement is terminated, in which event the provisions of paragraph 3 of the Master Joint Use Agreement shall become effective. 11 .: ..... .' ." . -... ".' 4 8. Teml of A~Teement and Termination a. This Agreement shall tenninate ten years from the effective date. By mutual consent OfbO' parties, the Agreement may be renewed for two additional five year periods upon either party giving written notice to the other party, one year prior to tennination date, of its intention to so renew. b. This Agreement may be terminated by either party by providing one year's written notice to the other party. 9. Annual Review Each year for the fIrst three years of the Agreement during the month of March, City and District, through their respective staffs, shall meet to review the Agreement. Thereafter, the Agreement shall be so reviewed on a biennial basis. 10. Additional Documents and A~reements The parties agree to cooperate in the execution of any additional docwnents which may be required to carry out the terms of this Agreement. . ..- ...... '. 11. Successors This A~ent shall bind and inure to the benefit of all successors and assigns of the parties JII any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively. 12. Construction of A~eement This Agreement shall be construed and enforced pursUant to the laws of the State of Califomia. The foregoing Recitals are true and correct and are made a part hereof. 13. Notices \Vhenevernoti.ce is required hereunder, it shall be given to the parties as follows: To: City City Manager City of Dublin P"O. Box 2340 Dublin, CA ~4568 To: District District Superintendent Dublin Unified School District 7471 Larkdale Avenue Dublin, CA 94568 14. Entire A~eernent . \, .. . ..... This document embodies the entire terms and conditions of the Agreement described herein. This Agreement may be executed in two counterparts, each of which shall constitute an original. ,.' ". · I.{'" _.:!. ..:'.: ...;..::.: ...:.~. .... . - .w.. . " -.: ;-.+ ~.:. '::, -... ._.......-.:; .:..._. ::.: ..w-::::' : "...; .~. : ;. ':.' .:;.:..', /.... ...: ..::... ::.:.. ::.:..' : ....;. : . .'::- ~ :'r;:' .....:....--.':::' :.+;:..:': 'r:: :';;: ,'... -,"", .: ,; .".' .'. .' .', '.. :.: :.'~ '.:, ':" . ':. ]5. Effective Date . The effective date of the Agreement shall be October -.21..., 1995, provided that paragraph 7 shall not be effective until the month of February following commencement of construction of the gym. \. .. Dated: /0 /27 /9,,-1:) . CITY OF DUBLIN BY:~ ~~ Approved as to form: cr{{ J .' - J .' ) {,/\Nf...t.l.......V .)~.,l~..lo<........ City Attorney .ated: 11 J.j qs DUBLIN UNIFIED SCHOOL DISTRICT By: cir'1.:ili.(,j d. &tf- -aL070- v President, Board of Trustees . ". :.~.:.::.::. ArrEST: ad;~cd/fJd#~ Clerk of Board /' J ..... Approved as to form: 1^1\~~J~4 ~ District Counsel . ....: .'" ... .... .... ..." 0.' .' "' l1 r . EXHIB IT C . CUSTODIAL SERVICES RD~tine Floor Care Dailv: Sweep and damp 1l10p ell restrOOJDr locker I and shower floors using an approved non-toxic germicidal disi~)fectant cleargr and clean water. Remove all spillsr sticky areasr gum, etc. Mop li.noleum/vinyl spills: spray buff surface condition. chemically-treated l1lopping. and. woo.!" :CIDers to remove dustr dirtr ana rinish as nQcessary to maintain an acceptable If facility is in USe, dust mopping with a dust mop shall be performed in lieu of damp Mop hardwood rloors with treated dust mop: spot mop all spills using neutral. (pH 7 or 8) cleaner. . .... .... ..:...... :Weekly: Maohine bufr all floorsr ~taircases, and landings to a high sheen. Dnmp m~p har~wooQ ~loors using an neutral cleaner when needed. Bi-W8P-kJy (Every ~ weeks): . . Clean tile grout with approved cleaner as needed. Scrub v~yl, lino2eumr and tile floors to remove scuff m~rks or other marks that have not been removed by normal ~opping_ Pour water in all floor drains. _ AnnuallY: Hard. surface floors. (vinyl. tile r linoleum) shall, be completely stripped and ~inished annually_ Note: . Baseboards and walls shall be wiped "~lean imIn~di~t.e1y arter stripping and Iinishing to avoid permanent stains and/or damage. . '. '." . .... . -'. ...~ . . . .' ,.;'. .f '. ... :" '. . ':.0".. '. :..." .": ... . ..".. .- : ".::: : ; ~. . 0- . ':. 'w _'" . -" - .' - .-...' . .....:..... . ' .. -.... ....: ,'- +.':"; . . .' ..... ." . . . 'W" Ow . .._ .. .. .......... '. r , . j , .QUices, Common Areas, Kitchens and oth~r Miscellaneous Rooms and Facilities .' . ," , Users should leave the facility in tha condition they found it. xitchen appliances and. stainless steel should be po.lished to restore original finish. Clean interior of stoves, refr~gerators, microwaves i~ needed. This item shall include heavy scrubbing ot appliancGs to remove built up material. Dailv: Mop f200rs with treated dust mopi spot mop all spills using a damp mop and neutral 'cleaner. Clean all glass doors' (both sides) in buildings, including glass partitions, to remove fingerprints. Clean and.sanitize drinking fountains. Spot clean :fingerprints and other marks trom woodwork,.. walls, doors, and glass partitions, and the inside surfaces of exterior windows. Spot clean walls, doors, door frames, and counters. Vaouilln. all carpeted surfaces. Spot vaouUJIl traffic lanes: I" I2tO. .: .. . :..: ", ... spot clean spills or other spots on all upholstered furniture,. carpets, and mats beneath.. desks and "walk-ofrll mats" using a District approved method_ Empty and replace liners in all wastebaskets and carry trash to specified containers at each site.' Material in, recycling containers shall be collected separately and placed in a bin specifically Ior recycled paper_ Leave all lights off (except designated night light? or those in areas being used by emp20yees or the public). , Dust" with feather duster or treated dust cloth where necessary, all horizontal surfaces (below the eyes and above the' knees) of office furniture (as much as can be done without disturbing'papers on desks), pi!1rtitions, ledges, windowsi~~s, and counterS4., Disinfect all kitchen and coffee bar sinks and counters. and adjacent walls and cabinets_ Report burned out light bulbs, grc.ffi ti , and other ~bnormal situations to the BUilding Manager. Clean and disinfect surfaces of exercise equipment which comes in contact with the use~ of the equipment (~.e., handgrips, pedals, seats, and backrests, Qtc.). . . -. ..:: ... .: .:~: .:::. 3-\ Weekly: I i ~ ! i clean and polish metal cnairsr orrice equipmentr and wooden furni turQ . Wipe down plastic and leather furniture. Thoroughly vacuum and spot clean upholstered furniture. Clean and disinfect handsets of phones. .C2ean an~ wipe down all wastebaskets (interior and exterior) ana interior trash cans. '" Monthly: . . PerfDrm high dusting (i.e., door sashes, tops of. partitions, high cabinets, ledges, vents, and hanging light fixtures)~ Cobwebs are to . be removed to the extent that they can be removed with an extendable pole and only to the extent that special equipment (i.e~, ~echanical lifts) is not reguired- Clean exterior of air duct receptacles. . .-:.:=~'. : .'. Ouarterlv; Clean - and' pOlish all interior metal. fixtures and including door push and kick plates and pulls. surfaces, .Semi-annuallv; .... Thoroughly clean venetian and vertical. blinds. Vacuum al~ fabric window coverings (drapes, shades, etc.)~ Annuallv: Vacuum and dust all fabric walls and partitions~ Remove and clean back sid~ of air duct receptacle grilles to remove dust/dirt~ Restrooms and Showers D~ily: .. Clean and disinfect restroom fixturesr toiletsr urinals and basins, plu:mbing, mirrors.. decDrative and protective :ro.Gtals, inClUding. undersides and tops of toilet seats using a disinfectant cleaner. Wash woodwork, ceramic tile, and :rormica sur:races and remove splash marks from ~alls, urinalsr and toilet partitions. :.:./{J.:. .. ~ -"'.:...._~ Wo. . .:; ., ~.:.. .' ~"4':':"":.' '. :.... .... .. ..4-....~. :p.'~ 4~4 : =.0.::. . OW 'w: ...... :,1'_'.'4:" :.0;4..:::...:..-... .:'. .... .~. /:. : ''-:.:,.: ..4"0 :-:....: ...::' .':> ...:~:'''':::: .;. -. p..o ....: ", :'.' '_", &.., : .:.:.4..0 ... Spot clean and dust walls, partitions, splashplates, windowsills, /':- doors, an~ related structures~ Clean, refill, and restock soap, towels, toilet tissue, seat covers, and sanitary napkin/tampon dispensers~ These dispensers shall be restocked with sufficient supplies to last until the next servicing~ Disi~fect dispensers~ Empty and wipe down waste and sanitary containers, dispose of contents, replace liners. Cleal1 entre.nce doors, remove handprints .from push plates and saniti2e~ Wash/scrub and disinfect all showers with approved non-toxic germicidal disinfectant cleaner~ Report burned out light bulbs, graffiti, and any other abnormal situations ~o the Building Manager. Monthly: Clean exterior of air duct receptacles~ . Annually: Remove air duct grilles. and wipe back side of grille clean to reJIlove dust/dirt.. _, _.' . .. ~;.~::<:. .. .+ Remove all scale using approved non-abrasive :material using a light phosphoric acid cleaner/disinfectant. ....41 ...... . ',::';::>',: ')..'? EXHIBIT D BillLDING ATTENDANT . THE POSITION, Under general supervision, .oversees the proper use of a community recreational facility; performs a variety of custodial tasks; and assists the public and staff in their use of the facility. EXAMPLES OF DUTIES~ . Opens and closes facilities-as scheduled for use. . . Sets up furniture or equipment for activities scheduled and sees that it is in proper condition and is replaced after use. . Monitors activities offacility users for appropriate and safe conduct. . Cleans up after facility users and sets up for subsequent activities. . Sweeps and mops floors as required. . Keeps restrooms and kitchen clean and well stocked with paper towels, tissues, etc. . Empties garbage throughout the facility as necessary. . Makes written reports of damage to equipment or facility. . Secures the facility upon leaving. . Other duties as assigned. OUALIFICA TIONS Education and Experience . .: ::" . Compl~tion of grade 10 or above; must be 16 years or older. . Some experience in heavy cleaning or custodial work. Knowlecl2'e and Abilities · Ability to do heavy physical work including the lifting and moving of tables and chairs. . Ability to .follow written and oral instructions . Ability to deal effectively and courteously with the public. . Must be available to work nights, weekends and holidays. Licenses and Certificates . Certification in Standard First Aid and CPR is desirable. . .."+ ,.~ on919., EXIDBIT E AGREEMENT BETWEEN DUBLIN UNIFIED SCHOOL DISTRICT . AND CITY OF DUBLIN - VALLEY ffiGH SCHOOL GYMNASIUM In the event the DISTRICT terminates the Agreement and/or exercises its rights to sell the facility or close the school, the City shall be remimbursed its incremental cost in accordance with this schedule. In no case shall the amount of reimbursement exceed the total amount originally paid by the City in accordance with Section 5 of the Agreement. Original Cost Shared Per Section 5 of Agreement Dated 8/18/97 $1,004,016.00 ;..'5 Year Of Early Termination (As allowed under Sections 12, Section 13, and/or Section 14) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AMOUNT TO BE . . REIMBURSED TO CITY $ 1,004,016.00 $ 974,486.12 $ 944,956.24 $ 915,426.35 $ 885,896.47 $ 856,366.59 $ 826,836.71 $ 797,306.82 $ 767,776.94 $ 738,247.06 $ 708,717.18 $ 679,187.29 $ 649,657.41 $ 620,127.53 $ 590,597.65 $ 561,067.76 $ 531,537.88 $ 502,008.00 $ 472,478.12 $ 442,948.24 $ 413,418.35 $ 383,888.47 $ 354,358.59 $ 324,828.71 $ 295,298.82 $ 265,768.94 $ 236,239.06 $ 206,709.18 $ 177,179.29 $ 147,649.41 $ 118,119.53 $ 88,589.65 $ 59,059.76 $ 29,529.88 $ 0.00 . Draft Prepared 9/8/97 v=ion: 9110/97 6;07 PM