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HomeMy WebLinkAboutItem 8.1 Zone7LicenseAg1987 CTTY CLERK AGENDA STATEMENT CTTY COUNCTL MEETING DATE: December 17~ 2002 SUBJECT: Modification No. 3 to Alameda County Flood Control and Water Conservation District (Zone 7) License Agreement of 1987 to Add Alamo Creek Segment Adjacent to Park Sierra Apartments Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution Approving Modification No. 3 to the License Agreement between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District Regarding the Addition of a Channel Property to the License, together with Exhibit "A" to the Resolution · 2) Previously-approved City Council Resolution 15-87 3) Copy of Original License Agreement from 1987 4) Vicinity Map RECOMMENDATION: /'~,A~ Adopt the Resolution approving Modification No. 3 to the Zone 7 License Agreement of 1987 FINANCIAL STA~ENT: The cost of design and construction of improvements on Zone 7 property was borne by the developer of the adjacent Park Sierra Apartments. The developer was required to construct a multi-use trail as a condition of the approval of the project. Ongoing maintenance of the multi-use trail will become the City's responsibility, whereas maintenance of the adjacent flood control facilities will remain with Zone 7. The City intends to enter into a Sublicense Agreement with East Bay Regional Park District to take over trail maintenance in the future. DESCRIPTION: In 1987, the City of Dublin entered into a License Agreement with Zone 7 that allows public use of Zone 7 property along the bank of Alamo Creek and adjacent to Alamo Creek Park for recreational use. This License allowed the City to construct and operate a multi-use trail for bicycles and pedestrians. The License was subsequently modified in 1995 and in 2000 via Modification Nos. 1 and 2 to include segments of Alamo Canal, Line J-6, South San Ramon Creek, and Tassaj ara Creek. Zone 7 recently acquired an additional segment of Alamo Creek adjacent to the Park Sierra Apartments fi:om Park Sierra LLC (Shea Properties). The segment includes a multi-use trail that connects the existing trails along Alamo Creek and South San Ramon Creek, including the Iron Horse Trail. COPIES TO: Joe Seto, Zone 7 Water Agency ITEM NO. ~ G:kAGENMISC~agst ZONE 7 License Agmt Mod 3.doc /~,.~_. Modification No. 3, when approved by both the City and Zone 7, will add the segment of Alamo Creek adjacent to Park Sierra Apartments to the various creek parcels governed by the original License Agreement and subsequent modifications. Modification No. 3 is necessary to assure the public's unobstructed access to the multi-use trail, and to transfer the maintenance obligation and liability for the multi-use trail to the City. In the future, the maintenance obligation and liability for the Iron Horse Trail will be transferred to East Bay Regional Park District via a Sublicense Agreement. Staff recommends that the City Council adopt the Resolution approving Modification No. 3 to the Zone 7 License Agreement of 1987. Page2 ~-~ RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING MODIFICATION NO. 3 TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN (CITY) AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) REGARDING THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE WHEREAS, Zone 7 and the City previously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15-87; and WHEREAS, said License Agreement has been subsequently modified by Modification Nos. 1 and 2 dated August 8, 1995, and September 19, 2000, as authorized by City Council Resolution Nos. 93-95 and 170-00 respectively; and WHEREAS, Modification No. 3 will add the segment of Alamo Creek adjacent to the Park Sierra Apartments to the channel properties governed by the License Agreement; said segment is more precisely described in a Grant Deed from Park Sierra LLC to Alameda County Flood Control and Water Conservation District recorded as Series No. 2002230076 recorded on May 23, 2002; and WHEREAS, Zone 7 has agreed to allow the City use of said flood control channel properties for park and recreational purposes within said channel properties; and WHEREAS, Zone 7 is agreeable to such use so long as the City improves, maintains, and operates such park and recreational facilities in a manner that will not interfere with basic flood control purposes of the channel; and WHEREAS, Zone 7 is agreeable to such use so long as the City holds Zone 7 free from all liability and claims for damage in accordance with said License Agreement as modified; and WHEREAS, it is mutually agreed between Zone 7 and the City to add said Alamo Creek segment to the License Agreement for the privilege of using said parcels for park and recreational facilities use under the terms of said License Agreement as modified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve Modification No. 3 to the License Agreement between Zone 7 of the Alameda County Flood Control and Water Conservation District and the City of Dublin, attached hereto as Exhibit "A", and authorizes the Mayor to execute same. BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed copies of Modification No. 3 to Zone 7 for the District's Board approval and processing. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 17th day of December, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:VtGENMISC~RESO ZONE 7 License Agmt Mod 3.doc 2 EXHIBIT "A" OF RESOLUTION NO. - 02 MODIFICATION NO. 3 TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT REGARDING THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE THIS MODIFICATION OF LICENSE AGREEMENT ("Modification") dated for identification as ,200 , is entered into by and between the Zone 7 of Alameda County Flood Control and Water Conservation District, a body corporate and politic, hereinafter referred to as "Licensor", and the CITY OF DUBLIN, a Municipal Corporation, hereinafter referred to as "Licensee". RECITALS This Modification is entered into on the basis of the following facts, intentions and understandings of the Licensor and Licensee hereto: WHEREAS, Licensor and Licensee previously entered into that certain License Agreement between Zone 7 of the Alameda County Flood Control and Water Conservation District ("Zone 7") and the City of Dublin ("City") dated March 18, 1987, as authorized by City Resolution No. 15-87 and Zone 7 Resolution No. 1244 ("1987 Agreement"); and WHEREAS, two modifications (Modification No. 1 and Modification No. 2) to the 1987 Agreement have previously been approved on August 8, 1995, and September 19, 2000; and WHEREAS, Licensor has agreed to allow Licensee to use certain flood control channel properties for maintaining parks and recreational facilities (including bicycle/pedestrian pathways) within said channel properties; and WHEREAS, Licensor is agreeable to such use so long as said Licensee improves, maintains, and operates such park and recreational facilities in a manner that will not interfere with the basic flood control purposes of the channel; and WHEREAS, Licensor is agreeable to such use so long as said Licensee shall hold Licensor free from all liability and claims for damage in accordance with said 1987 Agreement as modified by this Modification; and WHEREAS, it is mutually agreed between Licensor and Licensee to add an additional channel property to the 1987 Agreement for the privilege of using said properties for park and recreational facilities use (including bicycle/pedestrian pathways) under the terms of said 1987 Agreement as modified by this Modification; and NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy of which is hereby acknowledged, Licensor and Licensee hereby agree to the following modifications as follows: Page 1 of 2 1. Channel property added to Section IV Real Property of the 1987 Agreement is: That portion of Zone 7 Line F (Alamo Creek) identified more precisely in the Grant Deed from Park Sierra LLC, a California Limited Liability Company, to Alameda County Flood Control and Water Conservation District, a body corporate and politic, recorded as Series No. 2002230076 on May 23, 2002, Official Records of Alameda County (APN 941-205-42-2 portion). See Exhibit "A" attached hereto and made a part hereof. 2. In all other respects, the terms and provisions of the 1987 Agreement are to continue in full force and effect, except as previously modified. IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be affixed hereto by their respective officers authorized to do so. ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CITY OF DUBLIN, "Licensee" DISTRICT, "Licensor" By: By: President, Board of Directors Janet Lockhart, Mayor, City of Dublin Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: RICHARD E. WINNIE, COUNTY coUNSEL CITY ATTORNEY By: By: County Counsel City Attorney Date: Date: ATTEST: ATTEST: By: By: Secretary, Board of Directors City Clerk g:agenmisc~Zone 7 license agmt mod 3 Page 2 of 2 ~ - ' ~ .- ~ ~'~'~H~'~ ~'~ t~:-''~: ..... ~ ~ o' IO~ ~" .... - N x ' ' ~/ ~ X~-~ --~ O~[~ PAEK SlERRA~LC 'N ~ ' 3 E. ' o / X ~_% x~ ~ ~_ -~ o' ~ j~' ~X~ 0% L.?? · .."5'X 'N t: EXHIBIT A" TO MODIFICATION NO. - ~ zo"~ ~ ' ~6~6) ALAMEDA COUNTY FLOOD CONTROL =, REAL PROPERTY TO BE ACQUIRED FRO~ ~P N: 941- 205-42-2 PAR K 8l ER R A LLC ET- ~68 , PA R C E L MA P B 2 0 6 ( 12 I M 67 ) J c.=c.~= ec~ t'" · ZO' RESOLUTION' NO.' 15 -8'7 '" RESOLUTION 0F. T~E CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A' LICENSE AG~E~4ENT BETWEE~ THE CITY OF. DUST. TR.'AND THE COUNTY OF ALAMEDA, ZONE '7. FLOOD CONTROL AND ~ATER CONSERVATION DISTRICT, FOR JOINT USE OF ALAMO CREEK THROUGH DOUGHERTY PARK AND AUTHORIZING MAYOE TO EXECUTE SAME 'WHEREAS, the City Council'of the City of Dublin 'previously approved plans for a park facility along Alam° Creek; and WHEREAS, the Alameda County Flood Contr01 and Water Conservation District,' Zone 7, ,now maintains Alamo' Creek as their facility; and WHEREAS, an agreement h~s been reached between ~he City of Dublin and the Alameda County Flood Control and Water Conservation District, Zone 7, regarding Joint use of the creek; - NOW, THEREFORE, BE IT RESOLVED that the City Council of the City, of Dublin' approves this joint use license agreement and authorizes the Mayor to .execute same. PASSED, APPROVED~ AND ADOPTED .- this 23rd day of February, 1987. AYES:' Cm. HegartY, Moffatt, Snyder, Von'heeder, and Mayor Jeffery NOES: None ABSENT: None.* ' - - · . ATTEST: · City Clerk A4-7.428 THIS LICENSE AGI%EEHENT, made and entered into this 18th daY of March ~ , 19 8.Z, by and between ZONE 7. OF ALAHEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a .body corporate and politic, hereinafter referred to :as 'Licensor.,"' and .the CITY.OF DUBLIN, a Municipal Corporation., hereinafter referred to as 'Licensee, 'W':I T N E S S'E TH' WHEREAS,'Chapter '5 Of Division 7 .of .the Government Code of the State .. .. of..California authorizes .and empowers any-two or more public agencies to Jointly exercise bY agreement-any powers common to'the cOntracting powers.; arid -'WHEREAS; both parties are authorized by the acts governing them to plan, improve, maintain and operate facilities and parks for public rec-r.eatfon; and WHEREAS, Licensor,-as a portion of its authorized Zone 7 Project, will accept certain rights-of-way'for the improvement of channels for floOd control and water conservation purposes; initially a portion of Alamo Creek, also known.as Line F of Zone 7; and -WHEREAS, Ltcensee.':has indicated .its desire-that these channels be .developed so that a park-like'atmosphere can be created within and abOut the channel; and WHEREAS, Licensor is agreeable':to.such use so long as said Licensee ~improves, maintains and operates 'such parkareas in a manner, that will not. .tnte. rfere, w~th the.basic ~lood control purpose of. the.channel and. shall hold .. Licensor f~ee f. rom all liability'.and claims for damages as described in. Section X, 'LIABILITIES'. NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration of the premises herein and the covenants hereinafter contained and the mutual benefits to be derived'by both parties, Licensor hereby confers upon Licensee the License and privilege to use certain real p~operties for a park and -recreational use. The first of said properties shall he known as Alamo Creek (Line F, Zone 7), but may be sUpplemented from time to time by assent of 'the partiesl The description of such additional properties, when agreed upon by Licensor 'an4 Licensee~ shall be noted by attachment.to this agreement. Subject to Licensor's superior rights of possession* such License shall he for the purpose of improvfn~ mafntaini~ and operatin~ recreational facilities. Licensee accepts said License and resPonst~iltty~ and both parties agree to- the conditions hereinafter set forth: SECTION I. PROPERT~RIGHTS This License and its acaeptance and exercise grants no property interest or estate in the aforesaid real properties to Licensee other than as herein set forth. SECTION II. TERM This License is granted for a term of twenty'five (25) years from the date hereof .with an option to Licensee of...renewal~.for addittonaiperiods of ' twenty-fiv~ (25) years thereafter upon app!icationtherefor accomPanied by a i.showin§ of faithful exercise thereof according to the convenants 'herein; either~thts original grant or any renewal thereof to be subject to termination under the covenants provided herein to govern such termination. (2) SECTION III. NON-EXEMPTION This License does not and shall not be interpreted to grant Licensee .'any rights to proceed with such improvement, maintenance or operation thereunder w~thout compliance w~th all applicable ~ederal or State laws or local .ordinances or the obtaining of permits,or authorizations required By.any ".]~her public agency~ nor:.isha11 it 'be construed as'authorizi~g any zoning .'~ariance ogestablishin~ any precedent for .similar'Fariance"except as provided :.fOr'Under SeCtion X .hereofJ . :' . .. ' .... ".:" '., ('. -". ,....' '-:.'.-..SECTION'.IV. REAL PEOPEETY "...- ' · · .... '' This 'LiCense Shall apPly-to real:property within'the Zone 7 Project acquired by Licensor in and about the City of Dublin. '._The initial property refferred to herein .as Alamo creek is shown as Lot F of TraCt '5511 which is on file with Licensor and Licensee and which is attached hereto and made a part hereof as EXhibit A. Subsequent properties to be improved as provided in this agreement shall be noted on improvement plans 'for tracts or other plans which Shall.'be filed with Licensor.' and Licensee. LiCensor shall retain the right to sell otc.hangs areas,-but in the event that Licensee is damaged by .suCh ..actiOn,-:Licensee:shali be..compensated"for'any [damage.~°'~'facilitieswhich'-it :has ins'tailed. · . .... s2cTi0~ "' This' License .shall not require.-~ayment of .any ?rent . ?r other, charges' :'' to Licensor. by'Licensee for the'Use o£ the aforesai~ 'real pr0per~y 'for the purposes [or which it is granted. (3) -. SECTION VI. NATURE OF USE 'This License is Eranted solely for the purpose of authorizin~ Licensee to provide such improvements, maintenance and operation of-park and .. recreational 'facilities :for general '.public use ~thout'.'discrin~nation.as to ,. place of origin, race, a§e~' or'religionJ '..Such use .byLlcensee or' publicshaii("':.'. · be at all .times subject to the primary use of. the aforesaid Sites for.purposes of flood contrOl and water conservation. ' 'The development of Park sites on properties specified herein Shall be in accordance ~rith the plans/prepared by L.icens'ee and. approved by LtcensorJ · Said plans shall serve as a Eeneral ~-dide .for the orderly installation 'of improvements and equipment for Park and '~ecreational purposes as funds become .available to Licensee for eXPenditure thereof. Said plans include a map; or maps,, shovrin~"the location of the general'areas to be-improved and'the type of improvement to be.constructed, a schedule for the development of the :imProvements shorn on said map or maps, and a 'iistin~ of ~he specific . '.::improvements to' be cOnst.ru~ed.-'' - " "- Prior ~o the installation .o[ .any pernmnent.'s'tructure,.facility or. .: ...' ";'iaPrOveaent' L.!'¢ensee shall submit-plans and:.specifications for ~heproposed : . ~ddttiOns to ticensor.:':The s~ructure, .'facility or improvements shal'lno~ be -initiated by Licensee until ~r~i~ten aPproVal is executed by the LicenSor's 'Ceneral'~anager. (4) Said General Mane§er shall give his consent unless such structures, facilities'or improvements would interfere ~-~th the primary use of said areas fOr~.flood control, drainage, or water conservation purposes. SECTION. IX. MAINTENANCE .AND OPgRATION Licensee Shall cause the park and re=reational.-~a¢ilities established pursuant to this agreement to be maintained and operated in an orderly~ safe, and .sanitary manner. ~ic'ensee may assign all of .its =ights~ duties.and iiabilities under'.this License to another agency 'Provided .that:such assignment is agreeable to LiCensor-and provided further.that 'such agency gives written notice 'to Licensor that it accepts all .of the rights; duties and liabilities imposed uPon Licensee under this a§reementJ Licensee shall adopt such rules and regulations it deems.necessary'to facilitate the orderly 'operation and Control of' the use of such properties by the public for recreational purposes. If any such rule or regula[ion is contrary.to the primary'interest of flood .control,. water conservation, or drainage, or is deemed by Licensor to be.not in its best interes~ as the .property owner, Licensor may give notice of such 'fact to Licensee andLicensee Shall Change such .rUle or.regulation in conformance to Licensor,.s request 'insofar.as .it may.legally so do. Licensor Shall be'responsible for'maintaining.'.and opera~ing ~he property covered by this-agreement'as .necessary:.ifor".~he purposes;of flood · control.and water cOnservation; Licensee Shall.!be responsible ..rOi maintaining and oPeratin~the property '~overed by the agreement'.as neceSsarY for park and recreation purposes including,'but not .limited ~o, facilities and landscapin~ installed by Licensee. (5) SECTION X.'LIABILITIES Licensee, insofar as it may legally so do~' shall hold and save Licensor free from all liability and claims for damages resultiu~ from the construction; maintenance~ operation or ~public use of .Park and recreational facilities or landscapin~ on the .property and shall Carry pub!lc:liability and .property damage insurance or monetarY.coverage in an amount which~ll adequately protect ti'censor from all such liabilities or ~claflns, such amount to be no less.than ~l;000;000.~ach person and ~1,-000;000 each occurrence for' bodily, injury or death and ~1;000;000 on 'each occurrence for property damage. -~. These amounts':shall be-"reviewed.'by the. parties every five years;, and increased' · by ho.less than 'the amount of ..increase in .the. Consumer-Price Index for'the 'Oakland - San Francisco $~SA. "Policies.'for such insurance shall name Zone 7-. of Alameda:County Flood Control and Water conservation Dist'rict, Alameda COunty Flood control and Water COnservation District, t.he CountY.of Alameda; their officers, agents and-employees as additionally insured and'.coPfes thereof; certificates of payment:of Premiums .thereon, or other proof of insurance or monetary cOverage .acceptable to Licensor, shall be furnished · Licensor by Licensee. It 'is .agreed that .sUCh insurance or monetary coverage ' as is afforded.by the policy to. Zone'7..of Alameda CoUntY':Fl0od Control.'and .'Water Conservation Dist'rtct;'.it.~ al.,' ihall'apply as primary insurance.or monetary coverage. No:other insurance 'or monetary'coverage effected by Zone 7 of Alameda County 'Flood ContrOl and'~ater iC0nServation .DistriCt, et al~; Shall be' called upon to contribute to.a"l°sS:'coVered.by the.p°licy. ..Licensee shall. ~:.':. .."..-i .i .... . , ':be"..liable .to Licensor [o~".any 'danmges co'the :properties licensed hereunder, .. :' ' including, but not limttet to,.damage to trees, :erosion of soil, or damages to any improvement made or to be made by.Licensor for water conservation or flood control purposes whether suchdamages are caused '.by the activities .of Licensee on the properties improved by it or by third parties, (6) If Sections 1941 and 1942 of the Civil Code of 'the State of California pertain to the licensing of .real property as herein contemplated, .thenLicensee expressly ~aives the provisions thereof.' .. . -. '..SECTION XI. COSTS AND EXPENSES '......: ...... -. -:-, .......... "--. ' By .its .approval .:of .recreation.;fa¢iliti'es L:tcensor ' in.noWay'" assUmes'"[:: any. liabtIity or obligation'whatSoever for any' costs'.or expenses to ~ .-:. ' -' ...'incurred by Licensee '.under this LiCense ffo~ the pu~oses. ~o~ ~hich said '-...'.'".....: : ~'---cense~L! l-s ~- .de '- '" "'" '"" ' "': ~ ... : .. : - ... ..... ..-.. SECTION XII. RIG. S ~ D~IES OF LI~NSoR ' '.Not~thstandi~ any ~roV~s~0ns elsewhere ~n ~s L~cense,--it ~s Understood and agreed by L~censee t~t the prtm~'pu~oses for w~ch Lice~°.r ~s acquired and o~s the subject si.res are flo~ control a~ wa~er . · conse~at~on an~ t~t operations .~n fu~herance of sa~d pu~oses must take' .'..precedenCe over any and ail 0ther.uses ,of ~the sub~ect"sitesJ LiCensor ~s~l~i .... .hOover.,. fur~sh L~cenSee .reaso~ble no'ice of any floo~ cOngrol or conservatio~ operations which would affect, the'facilities Or .opera~ions' of . · " - . ~:f~icehsee ~-'shall ~epf.L~censee i~o~ed'.of anY'cond~tions or plans ~ch '.' :~ght reset 'in?such operations2 '" -.- -- -;":"'"' ""~" "" ":" ' '": ':' It "i's agreed t~t, '..'duri~:-the ' e~:Stence of this 'License,. 'LiCensor....'."..: :-: ..::shall have all reaso~ble 'an~.'nece~sa~ .~i~ht's ~f:ent~ to.the S~blect.Sttes, .... : ..... .-'. .... ~:'tncl~i~ the right ~o..altera~ion 'or .rePair'aM.. ~tnte~nce'and opera,ton .o.f: '.j'":..~.:~<.'. .... · '-its facilities.. for floOd"Cont'*I .0'r ~ier'c'o~se~tton. '' ' '" : "' ':" -:'': [ ":"'::'":":" ' ....... (7) SECTION XIII. MODIFICATION If, during the llfe of this License, it becomes necessary to' amend or add to the terms, conditions,, scope.or requirements of this License, such amendment or addition Shall. only be made. after mutual agreement of the parties ..hereto and the execution of a modification of thisLicense. : . SECTION XIV. NOTICES All notices or other'writin~s in.this License provided to be given or ..'made or sent, or Which may be $iven or made or 'sent, by any'of the parties hereto :to the 'others*.'ha11 be deemed to have been fullygiven..ormade or sent Whenmade in writing and deposited in the unitedStates mail, registered or Certified, postage prepaid* and addressed as follows: To .Zone 7: General. Manager' Zone 7, Alameda County Flood COntrol and Water Conservation District 5997 Parkside'Drive Pleasanton,'CA '94566 TO City: 'City Manager City of Dublin P.'O. Box 2340 Dublin, CA The add'ress to'which any notice or other writing.may be given or made' or sent to .any-of the parties may be Changed upon written notice given by' such' party as' above Provided. (8) IN ~ITNESS ~EREOF, Licensor 'and Ltcensee have caused their corporate names ~o be affixed hereto by their respective officers authorized so to do the day and year first above written. .ZONE ?'OF ALAHEDA COb~KI~FLOOD CONTROL AND WATE~CONSERVATION DISTRICT -' .ATTEST:/ 'Secretary,/]~o~r~ of Directors Chai~/an,'Board of Direc~o s APPROVED-.AS TO FOP, M: RICHARD 3.. 'MOORE ,"(COUNTY COUNSEL lssistint County ~[unsel ~/V "L~c~neee (9) VICINITY MAP SEGMENT TO BE GOVERNED BY MODIFICATION NO. 3 · FFELLS MIDDL~ SCHOOL ~IGH SCHOOL