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HomeMy WebLinkAbout25L - AGMT - JOINT USE MONTE VISTA ELEMENTARY AND JEROMEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED JOINT USE AGREEMENT WITH SANTA ? As Recommended ANA UNIFIED SCHOOL DISTRICT ON El Amended El Or dinance on 1s1 Reading MONTE VISTA ELEMENTARY SCHOOL ? Ordinance on 2nd Reading AND JEROME PARK SITES ? Implementing Resolution ? Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Joint Use Agreement with the Santa Ana Unified School District for joint use of Monte Vista Elementary School and Jerome Park, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION During the summer of 2010, members of the Jerome community, KidWorks Parent Council and Latino Health Access met with Parks and Recreation staff to discuss the public use of Monte Vista School basketball courts after school and on weekends, since there are no outdoor basketball courts in the park. In addition, the group requested the need for additional park security lighting, park walkway improvements, and other deferred maintenance repairs at Jerome Park. Many of the deferred maintenance items have been completed and CDBG funding was approved in FY 2011/12 for the construction of a City/School fence to accommodate the joint use of district's basketball courts and sports field, park security lighting, walkway and parking lot reconstruction and landscaping. Tonight, the City Council will be considering the bid award of the City/School fencing, security lighting, walkway and parking lot reconstruction and landscaping. The Joint Use Agreement with Santa Ana Unified School District for Monte Vista/Jerome Park is for 30 years with an option for (two) 10 year extensions. The City will have rights to use and schedule activities on school fields and courts after school hours and on weekends. The City will be responsible for supervision during City use of the joint use area. The District will be responsible for normal maintenance and utilities of the joint use area on District property. The City and District agrees to corporate in good faith to seek further additional funding for any other improvements on the joint use areas. Each party shall defend and hold harmless each other against any and all liability in connection with this agreement. 25L-1 RFCA Joint Use Agreement for Monte Vista/Jerome Park July 2, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. At fm Gera do Mouet, I Exec tive Director Parks, Rec. and Com. Svcs. Agency 25L-2 JOINT USE AGREEMENT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA (MONTE VISTA ELEMENTARY SCHOOL) THIS JOINT USE AGREEMENT ("Agreement") is dated as of , 2012, by and between the Santa Ana Unified School District ("District"), a public school district duly organized and existing under the laws of the state of California, and the City of Santa Ana ("City"), a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California (together, "Parties"). RECITALS: A. The District owns and operates the Monte Vista Elementary School which is located at Center Street, Santa Ana, California ("School"). B. California Education Code § 10900 et seq., authorizes District to organize, promote, and conduct programs for community recreation and to cooperate in providing community recreation programs and facilities. C. The District and City desire to undertake a coordinated use of the Monte Vista ball field and basketball courts in order to allow maximum use by community residents and youth sports organizations. D. The installation of fencing to secure the School site while providing community access to the ball field and basketball courts, and installation of security lighting is an approved use of Community Development Block Grant funds. E. The coordinated use of the Athletic Field is intended to benefit the families that live in the immediate vicinity of Monte Vista Elementary School. F. The partnership between the City and District created by this Joint Use Agreement is intended to improve general health and wellness for the residents of the Monte Vista community. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the Parties hereto agree as follows: 1. DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement: A. "Joint Use Property" shall mean that certain real property and improvements thereon described in Exhibit "A" attached hereto. B. "Joint Use Facilities" shall mean the (i) basketball courts and (ii) ball field as identified in Exhibit "A" attached hereto. C. "Technical Advisory Committee" shall mean the committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the Parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities which are the subject of this Agreement. MonteVista JtUse 6/19/12 25L-3 D. "Regular School Hours" shall mean 6:00 am through 4:00 pm, Monday through Friday (excluding state and national holidays observed by the District) unless changed by agreement of the Parties. E. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. F. "City Time" shall mean those days and hours, outside of Regular School Hours and weekends, when the City shall have the right to schedule use of the Joint Use Facilities. G. "School" shall mean the specific District school identified in the above Recitals. 2. TERM AND COMMENCEMENT. This Agreement shall commence on , 2012, and shall run for a term of 30 years. Upon the written agreement of the Parties, the term may be extended for up to two additional ten year terms. 3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the Joint Use Facilities shall be determined based on the following. A. District Use. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school ("District Use"). B. Ci Use. City shall have the right to schedule activities in the Joint Use Facilities during the City Time, for activities previously recommended by the Technical Advisory Committee, or for activities during Regular School Hours with the District's prior written consent ("City Use"). C. Priority for Youth Sports. The City will utilize the Joint Use Facilities during City Time for youth sport organizations with priority given to youth sport organizations that have the greatest number of youth that live within a half-mile radius of the School. If facilities are not being utilized by youth sports organization, they will be available on a first come basis during City Time. D. District Priority. To the extent possible, priority will be given to a school or District use of the Joint Use Facilities during City Time. In the event that District desires to use the Joint Use Facilities outside of Regular School Hours, it agrees it will schedule use of the Joint Use Facilities through the City. If District's use preempts previously scheduled City or Youth Sports Organization, District will provide a suitable relocation site for the preempted organization. E. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by the Parties, the Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at the School. F. City Programming. The City may conduct its own programs or do so through a third party, so long as done in the same manner and under the same conditions for programming of other City facilities and meets any applicable State or Federal anti- discrimination requirements or school-site safety standards such as prohibition of alcoholic beverages and tobacco, and all restrictions on admission fees or other charges MonteVista JtUse 6/19/12 25L-4 per Education Code section 10900, et seq.. Reservation fees collected by City for City Use of the Joint Use Facilities shall be retained by City. G. Insurance. The City will ensure that each entity which receives from City a permit to utilize the Joint Use Facilities on City Time shall have general liability insurance coverage in the amount of at least $1,000,000 per occurrence, and that the District and City are named as additional insureds on the applicable policies. H. Supervision of Joint Use Facilities. 1) District shall be responsible for appropriate supervision while using the Joint Use Facilities. 2) The City shall be responsible for appropriate supervision while using the Joint Use Facilities. Maintenance. The District shall be responsible for the normal maintenance of the Joint Use Facilities, such as trash pick-up, cleaning of courts, mowing lawns, edging, painting, upkeep of equipment such as nets. J. Repairs. District shall be responsible for repair of the Joint Use Facilities. However, District shall submit any plans for significant repairs to the Technical Advisory Committee. The Technical Advisory Committee shall review the plans and determine whether and to what extent the City will share in the cost of the significant repairs to the Joint Use Facilities. As used in this section, "significant repairs" will include, at a minimum, any repair or replacement of a component of the Joint Use Facilities that will cost in excess of fifty percent (50%) of the reasonable estimated value of the component needing repair or replacement For example, if the value of a tennis court is $24,000 and the estimated repair cost is over $12,000, that will be a significant repair subject to this subsection. K. Utilities. District shall pay for all utility services furnished to the Joint Use Facilities for the use, operation and maintenance of the Joint Use Facilities during the Term of this Agreement, or any extension thereof. However, City shall be responsible for electricity to operate the security lighting. L. Further Funding Sources. The Parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the Joint Use Facilities and other common areas at the School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas and additional provisions related thereto. 4. LIABILITY AND INDEMNIFICATION. A. District shall defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with District's performance of this Agreement or District's failure to comply with any of District's obligations contained in the Agreement caused by District, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, District shall notify City of such fact and MonteVista JtUse 6/19/12 25L-5 shall represent City in such legal action unless City undertakes to represent itself as codefendant in such legal action, in which case City shall bear its own litigation costs, expenses and attorney's fees. B. City shall defend, indemnify and save and hold harmless District, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with City's performance of this Agreement or City's failure to comply with any of City's obligations contained in the Agreement caused by City, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of District. In the event District is named as codefendant, City shall notify District of such fact and shall represent District in such legal action unless District undertakes to represent itself as codefendant in such legal action, in which event District shall bear its own litigation costs, expenses and attorney's fees. 5. INSURANCE. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self- insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 6. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Assistant Superintendent, Facilities & Governmental Relations 7. SEVERABILITY AND APPLICABLE LAW. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any MonteVista JtUse 6/19/12 25L-6 provision of this Agreement shall be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the State of California and the laws of that State shall govern the validity and interpretation hereof and the Parties' performance hereunder. 8. AMENDMENTS. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter of this Agreement. Any modifications must be in the form of a written amendment agreed to by both Parties. 9. REMEDIES FOR BREACH. Any default in the performance of any terms or conditions of this Agreement, by either party, shall constitute a breach of this Agreement. The non-defaulting party shall provide thirty (30) day written notification to cure each and every breach identified in the notification. In the event that the defaulting party fails to cure its default within such period of time, the non-defaulting party shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at IE w, in equity, or under this Agreement. The failure of a party to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both Parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all Parties. 10. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the Parties hereto and their respective successors. This Agreement shall not be assignable by either Party. 11. TERMINATION. Either party may terminate this Agreement, at will, with 60 days prior written notice to the other party. /// MonteVista JtUse 6/19/12 25L-7 IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City. The "District" The "City" Santa Ana Unified School District, City of Santa Ana a political subdivision of the State of California A Charter City Dated: Dated: By: By: Joe Dixon Paul M. Walters Assistant Superintendent City Manager Facilities & Governmental Relations Attest: By: Michael P. Bishop, Sr. Assoc. Superintendent Business Services Approved as to Form By: Philip J. Henderson Attorney, Orbach Huff & Suarez MonteVista JtUse 6/19/12 By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho, City Attorney By: 25L-8 Laura Sheedy Assistant City Attorney Exhibit "A" Joint Use Property • Two basketball courts; • The baseball/softball field MonteVista mse 6/19/12 25L-9 C /„- j N I kill IDVJ s 1? ' Nd `d38V s i sn AlOf : N 7 N 3.-[L cA • R '13 VI IA 3 1 N O W ? 25L-10