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HomeMy WebLinkAboutA-2003-194 ,f, ( PHO,JECT: City of Santa Ana Centennial Park A~ ';<003 - Jq4 AGREEMENT No, 003-047 1 2 AGREEMENT FOR 3 FINANCIAL ASSISTANCE 4 THIS AGREEMENT, for purposes of identification hereby dated the g.tV\ day of 5 J\,\N"t..- 1 2004, is 6 BY AND BETWEEN The City of Santa Ana, a charter city and 7 municipal corporation, hereinafter referred 8 to as "CITY" 9 AND The County of Orange, a subdivision of the 10 State of California, hereinafter referred to 11 as "COUNTY". 12 CITY and COUNTY are sometimes referred to as the "parties" and individually as the 13 "party". 14 RECITALS 15 WHEREAS, CITY and COUNTY entered into an AGR8EMENT dated January 14, 1976, and 16 subsequently executed amendments, thereto, dated February 27, 1979 and January 11, 17 1983, respectively, concerning the joint development, maintenance and operation of 18 Centennial Park, hereinafter referred to as the "ORIGINAL AGREEMENT" for the joint 19 development and operation of Centennial Park (the "Park")¡ and 20 WHEREAS, COUNTY through its Harbors, Beaches and Parks Fund 405 completed the 21 development of "Phase If! park improvements in 1979 at a cost of $5 million¡ and 22 WHEREAS, the CITY owns the park land and has operated Centennial Park since ]979 23 with the COUNTY reimbursing the CITY fifty percent (50%) of the net annual operations 24 and maintenance costs, thereof, at a cumulative additional cost of $4.9 million¡ and 25 WHEREAS, due to changing circumstances in the use and operations of the Park, 26 both CITY and COUNTY desire to terminate the Original Agreement and replace it with 1 , t.. " I. PROJECT, City of Santa Ana Centennial Park AGREEMEN~ No. 003-047 1 this AGHEEMENT which will provide for phase~out of COUNTY'S annual reimbursement to 2 CITY over a three (3) year period and will immediately permit the CITY greater 3 flexibility in the use and operation of the Park; and 4 WHEREAS, CI~Y and COUNTY propose under this AGRE~MEN~ that COUNTY would 5 contribute a fixed amount of $230,OUO for three years for a cumulative maximum toLal 6 amount of $690,000, which would provide up to $375,000 to defray the Park's operations 7 and maintenance costs, and the remaining would be utilized by CITY for local park 8 development, which shall hereinafter be referred to as "PROJECT", costs. 9 NOW, THEREFORE, CITY and COUNTY do hereby agree to the fallowing terms and 10 conditions for financial assistance to the operations and maintenance of the Park. 11 1, RECITALS 12 The Recitals set forth above are true and correct; are a material part of this 13 lI.GREEMEN'l', and are incorporated herein by this reference, 14 2. TIME 15 Time is of the essence in this AGREEMENT. 16 3. EFFECT OF AGREEMENT 17 This AGREEMENT supercedcs the ORIGINAL AGREEMENT, and the ORIGINAL AGREEMENT shall be 18 terminated and of 00 further force and effect upon full execution of this AGREEMENT. 19 This AGREEMENT fully expresses all understanding of the parties and is the total 20 AGREEMENT between the parties as to the subject matter of this AGREEMENT. No material 21 addition to or alteration of the Lerms of this AGREEMENT, whether written or verbal, 22 by the parties, their officers, agents or employees, shall be valid unless in the form 23 of a written amendment to this AGREEMENT, and is formally approved and executed by all 24 parties, 25 26 2 .',. . PROJECT: City of Santa Ana Centennial Park AGREEMENT No. 003-047 1 4, PARTIES 2 a, CITY hereby designates its Executive Director of Parks, Recreation and 3 Community Services, or his/her designee, to be the liaison for all mattel.'S in regard 4 to this AGREEMENT, who shall be authori~ed to manage, coordinate and assure proper 5 implementation of services and activities specified herein. 6 b, COUNTY hereby designates its Director of Resources and Development 7 Management Department/Harbors, Beaches and Parks, or his/her designee, hereinafter 8 referred to as "IIBP Director", to be the COUNTY'S liaison for all matters in regards 9 to this AGREEMENT, who shall be authorized to manage, coordinate and assure proper 10 implementation of services and activities specified herein. 11 5. PROJECT 12 a, PROJECT shall consist solely of the improvements described and illustrated 13 more specifically in the accompanying scope of work, site plan, construction values 14 and time schedule entitled Exhibit "A", attached hereto and by this reference, made a 15 part thereof. 16 b, PROJECT is located within the incorporated territory of CITY. 17 6 . PERFORMANCE 18 a. It is recognized thal all land and improvements at Centennial Park are and 19 ~hall remain the property of the CITY. The CITY need not obtain any prior approval 20 of the COUNTY for any licenses or leases it may enter into related to the Park, 21 provided that any revenue received by the CITY from such licenses or Jeases shall be 22 considered revenue subject to the provisions of 6.b., below, provided that nothing 23 herein shall be construed to require the CITY to impute any revenue or value for uses 24 unless actual revenue is generated and received. Additionally, any costs or fees the 25 CITY incurred for joint use of any facilities constructed in Park under such license 26 or leases may be included in opera ling expenses included in 6.b. below, 3 .. .'. I .'1 PROJECT: City of Santa Ana Centennial Park AGREEMENT No. D03-047 1 b, CITY shall credit annually all fees, leases and other revenues collected 2 within or from operations and uses allowed within Centennial Park against the total 3 expenses. In doing so the CITY will include as revenue the amount of $56,087 annually 4 related to the use of the existing fire training facility by the Rancho Santiago 5 Community College District. 6 c, The CITY shall also provide a statement of uses, programs and attendance at 7 Centennial. Park as well as any other records requested by COUNTY to enable HBP 8 Director to determine the net cost after all revenues and credits are recogni~ed for 9 the operations and maintenance of Centennial Park that would be reimbursable by COUNTY 10 undeL' the terms of this AGREEMENT. 11 d, CITY shall corrunence PROJECT construction by June 30, 2005, and shall 12 complete said construction on or about June 30, 2006, subject to extension reasonably 13 approved by the HBP Uirector, but not to exceed one year, or to a later date by 14 AMENDMENT to this AGREEMENT. The period for completion as set forth herein however 15 shall be extended by the period that completion is delayed by acts otherwise outside 16 the control of the CITY. 17 7. ADMINISTRATION 18 a, CITY shall have the sole responsibility for the ownership, operations and 19 maintenance of Centennial Park. CITY shall at all times during the term of this 20 AGREEMENT keep or cause to be kept true and complete books, records and accounts of 21 all financial expendilures and revenues pertaining to the operations, maintenance and 22 uses in Centennial Park. All records must be supported by source documents, such as 23 cash register receipts, cash register tapes, purchase invoices, cancelled checks, or 24 other pertinent documents. 25 26 4 "..- PROJECT, City of Santa Ana Centennial Park AGHEEMENT No. 003-047 1 b, CITY shall annually invoice for the lesser of: (1) amounts specified in 2 paragrùph 8 ("Maximum Maintenanc.;e Obligation")below for each corresponding fiscal year 3 lhis AGREEMENT is in effect, or (ii) fifty percent (50%) of CITY'S actual net cost to 4 operate and maintain Centennial Park with all revenues to be netted against costs as 5 described in paragraph 6 ("Performance") above. All invoices shall be subject to the 6 routine proce~sing requirements of the COUNTY'S Auditor-Controller. CITY shall permit 7 COUNTY TO review records relating Lo Centennial Park expenditures and revenues. 8 Records shall be retained and made available to COUNTY for review for a minimum of 9 three (3) years after the termination of this AGREEMENT. The COUNTY shall provide the 10 CITY with reasonable notice of intent to exerci~e such access rights. 11 c, COUNTY shall remit the Maintenance Amount, plus the difference between that 12 amount and the County Financial Contribution (set forth in Paragraph 8) ("Project 13 Contribution" ) for each fiscal year below within sixty (60) days upon receipt and 14 approval by the HBP Director, or designee, of CITY'S invoice and documentation 15 required for funding assistance. The timeline for all such remittances however is 16 subject to the COUNTY'S Auditor-Controller's routine processing requirements. 17 d, CITY shall upon annual receipL of the Project Contribution deposit such 18 amounts from COUNTY into a separate fund established for purposes of accounting for 19 such cumulative funding. The title of such fund shall be "Patricia Lane Park 20 Accumulated Capital Outlay Fund" to which said funds shall be deposited. CI'rY agrees 21 that all deposits and interest received shall be used exclusively for the purposes of 22 developing PROJECT improvements. 23 e, CITY shall comply with all terms and services required under this AGREEMENT 24 within the context of the Califonlia Environmental Quality Act ("CEQA") of 1970 as 25 amended for PROJECT. 26 5 -'". .' " PRÇJJECT: City of Santa Ana Centennial Park AGREEMENT No. 003-047 1 f. CITY shall provide management of, and staff assistance for, PROJECT, 2 including 3 accomplish 4 to COUNTY. all necessary public agency approvals, licenses and permits and shall all approvals, licenses and permits in connection with PROJECT at no cost 5 g, CITY shall complete PROJECT construction on or about June 30, 2006, as 6 specified in ParagrFlph 5 ("PERFORMANCE"). 7 8. COUNTY FINANCIAL OBLIGATION 8 d, In Fiscal Years 03-04, 04-05, 05-06, COUNTY shall annually budget $230,000 9 for: (A) contribution toward CITY'S net cost ot operating and maintaining Centennial 10 Park ("Maintenance Contribution"), and (B) local park development ("Project 11 ContributionU)in the below amounts for each corresponding fiscal year, pertaining to 12 costs incurred and revenues attributed to the preceding fiscal year. Notwithstanding 13 the provisions of Section 6, above, the following amounts shall be the maximum 14 maintenance contribution obligation for each respective fiscal year and will be 15 distributed each year as specified in paragraph 7 ("Administration") above that this 16 AGREEMENT is in effect. The balance between each year's maximum maintenance 17 contribution and $230,000 shall be paid as Project Contribution. 18 Fiscal YQar Maximum Maintenance Contribution 19 FY 03-04 $150,000 20 FY 04-05 $125,000 21 FY 05-06 $100,000 22 Totals $3"15,000 23 b, COUNTY'S HBP DirectoL-, or his/her assigned designee, ~hall have the 24 authority to make adjustments to this AGREEMENT, with the concurrence of the CITY, as 25 deemed necessary in oL-der to advance the purpose of this AGREEMENT, provided that such 26 action does not in the aggregate exceed the total amount of financial assistance 6 ,,' , " PROJECT: City of Santa Ana Centennial Park AGREEMENT No. D03-047 specified in sub-paragraph "au, above, unless approved by the BoaLd of 2 Supervisors. 3 9, NOTICES 4 a. Notices or other communications which may be required or provided under the 5 terms of this AGREEMENT shall be given as follows: 6 7 8 9 10 11 12 13 14 15 16 17 b. COUNTY: CITY: INVOICES: Director, Harbors, Beaches and Parks Resources and Development Management County of Orange P. O. Box 4048 Santa Ana, CA 92702-4048 FAX No, 714-834-4744 Department Executive Director Parks, Recreation and Community Services City of Santa Ana P. O. Box 1988 Santa 1\na, CA 92c/02 FAX No, 714-647-5622 Chief, Purchasing and Contracts Resources and Development Management County of Orange P. O. Box 4048 Santa Anal CA 92702-4048 Department 18 All notices shall be deemed effective when in wriLing and delivered in peL"~on or deposited in the United States of America mail, 19 and addre~sed as above. 20 first class postage, prepaid Notwithstanding the above, the COUNTY and CITY may also provide notices by facsimile transmittal, and any such notices, correspondence, 21 reports and/or statement~ authorized or required by this AGREEMENT, addressed in any 22 other fashion shall be deemed not given. The parties hereto may change the addresses 23 to which notices are to be sent by giving notices of such change to the other party. 24 10, INDEMNIFICATION 25 Neither COUNTY nor any officer or employee thereof shall be respon~ible for any damage 26 or liability occurring by reason of anything done or omitted to be done by CITY under 7 16 13, 17 18 19 20 21 III 22 III 23 III 24 25 26 .. I , PROJECT: City of Santa Ana Centennial Park AGREEMENT No. D03-047 1 or in connection with any work, authority, or jurisdiction delegated to CITY under 2 this AGREEMENT. It is also understood and agreed that pursuant La Government Code 3 Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any 4 liability imposed for injury (as d~fined by Government Code Section 810.8) by reason 5 of anything done or omitted to be done by CITY under this AGREEMENT. 6 11. TERM OF AGREEMENT 7 The term of this AGREEMENT shall he for three (3) years beginning Ju]y 1, 2003, or as 8 soon thereafler as it is fully executed by both Parties, and extending through June 9 30, 2006, or such later extension in order for CITY to complete PROJECT construction 10 as provided for in paragraph 6.d ("PerformanceN)o.bove. 11 12. VENUE 12 The parties hereto agree that this AGREEMENT has been negotiated and executed in the 13 State of California and shall be governed by and construed under the laws of 14 California. the parties hereto specifically agree to waive any and all Furthermore, 15 rights to request that an action be transferred [or trial to another county. EXHIBIT A: Scope of Work Construction Values Project Schedule Site Map 8 . ",[ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 5 6 7 8 9 PROJECT: City of Santa Ana Centennial Park 1 AGREEMENT No. U03-047 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the 2 dates opposite their respective signatures: 3 DATE: DATE: I\TTEST: PATRICIA CLERK OF A, HEALY THE COUNCIL ,v~.:,~ . SIGN, AND CERTIFIED THAT A COP OF THIS aCUMENT HAS BEEN DELIVERED THE CHAIRMAN 0 GOARD . Bloom Clerk f the Board of Supervis Of range County, California COUNTY OF ORANGE, a subdivision of The State of California B eg ctor s and Development Management Department CITY OF Santa Ana, a charter city and municipal corporation By: a~ÛìaA- David N. Ream City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER CITY ATTORNEY "'~: (¡~ I ()1 nrt '. ~"77 APPROVF.D AS TO FORM: BENJAMIN P. DEMAYO, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 9 . , i PATRICIA LANE PARK Patricia Lane Park is located on a I-acre site in the northeast area of the city, adjacent to the 1-5 freeway at Patricia Lane and 6th Street. The property is made up of9 residential parcels, acquired by CalTrans for the widening of the 1-5 freeway. The remaining portion of the property has been declared surplus by CalTrans and the community requested the city acquire the property for a passive park site to serve the immediate area. Over 10 community meetings were held with residents to obtain input on the park design. The city was successful in obtaining a Transportation Enhancement Activities Grant for acquisition of 8 parcels of the property and to construct a passive park of landscaping (trees/shrubs/turf), inigation, concrete walk, fencing, park benches, etc. , The Transportation Enhancement Activities Grant will not pay for any recreational features in the park. City funds will be used to purchase the 9th parcel (one lot) to construct the playground area. Additional funds are needed to complete the park with the construct of playground equipment area, the shade structure and additional park benches, SCOPE OF WORK County funding, with additional city funds, will enable the city to complete the new park site with the installation of the required playground area, including play equipment, sand, rubber surfacing, concrete curbing, shade shelter and park benches. The scope of work will include grading, irrigation, landscaping and construction of the above items, CONSTRUCTION VALUES ITEM ESTIMATE I. Grading 2. Concrete Curbing/walk 3. InigationlLandscape (around play area only) 4. Play Equipment 5. Sand 6, Rubber surfacing 7, Shade Structure 8, Park benches Total $ 5,000 $ 20,000 $ 10,000 $150,000 $ 30,000 $ 50,000 $ 50,000 $ 8.000 $323,000 (EXHIBIT A) . . PROJECT SCHEDULE I, Design/Construction documents 2, Plan checking 3, Bid Process 4. Construction 6 months 3 months 4 months 9 months Total 22 months SITE PLAN See Attachment . ".,' - .: . . ... // .' / ,./' J f I I Ijl If II .Ii , ~I ~ I' II : i!i . -Ð' :s . , ~ , I Iff Jill! II I f , f B ! J on ¡] :) jl ) t I I, I J " , II ¡ J III . , . . '. If '" ¡' It , ~' , ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER June 08, 2004 Submininfl Aflencv/Devartment: RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT Approve agreement D03-047 with Santa Ana for phase-out of County's annual reimbursement to city for operations and maintenance of Centennial Park. District 1 (4/5 vote) ThsJollowt.ng Is a.,tion taken by the Board oJ Supervisors: APPROVED AS RECOMMENDED 0 OTHER 181 APPROVED AS RECOMMENDED, WITH THE UNDERSTANDING THAT THE COST NOT EXCEED $315,000 Unanimous 181 (I) SMITH: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y Vote Key: Y~Yes; N=No; A=Abstain; X=Excused; B,Q.=Board Order Documents accompanying this matter: 0 Resolution(s) 0 Ordinances(s) 0 Contract(s) Item No, 80 . I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of Cali fomi a. DARLENE J. BLOOM, Clerk of the Bo ,1 By: Deputy