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HomeMy WebLinkAbout25B - AGMT - JOINT USE ROOSEVELT ELEMENTARYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 4, 2013 TITLE: AGREEMENTS WITH SANTA ANA UNIFIED SCHOOL DISTRICT FOR JOINT USE AND REIMBURSEMENT OF CONSTRUCTION COST FOR ROOSEVELT ELEMENTARY PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on Vt Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to approve the attached Joint Use agreement with the Santa Ana Unified School District for the programming of Roosevelt Elementary School for a 30-year term, with the option for two 10-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached Reimbursement of Construction Cost agreement with the Santa Ana Unified School District for park improvements at Roosevelt Elementary School in the amount of $4,930,000. DISCUSSION On June 20, 2011 City Council adopted a resolution authorizing staff to apply for a Proposition 84 "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act" grant. The City was awarded the grant in the amount of $5 million to develop park improvements at Roosevelt Elementary School. Improvements will include a 10,000 sq. ft. Community Center, play equipment area, lighted basketball court, lighted parking lot, security lighting, running track, synthetic turf sports field, sports lighting, decomposed granite running track, fencing, landscaping, and site improvements. The joint use agreement will allow the public to access the center, play equipment area and basketball court during school hours and the running track and field after school hours. The grant requires the City to enter into a 30 year Joint Use Agreement with the District. 25B-1 SAUSD Joint Use and Reimbursement Agreement March 4, 2013 Page 2 Since the SAUSD is familiar with the Department of State Architect's requirements concerning construction on school property, the District will perform the design, construction and inspection of the Joint Use improvements, not to exceed $4.93 million of the grant funding. The Reimbursement Agreement requires the District to obtain all necessary permits/insurance and to perform all improvements under the State Grant terms for reimbursement. Together, District and City staff will review plans and monitor improvements to ensure the project is implemented per City approval. $70,000 of the grant will be available to cover City project management expenses. Both agreements are scheduled this month for the SAUSD Board of Education approval. Once the agreements are approved they will be forwarded to the State, along with the Environmental documents to complete the terms of the grant. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review under Class 14 - Minor additions to existing schools. A Notice of Exemption Review No. ER 2013-11 (Roosevelt Elementary Park) will be filed for this project. A Title 5 Existing School Safety Certification analysis also was prepared for this project as required by the California Department of Education. This report is attached as Exhibit "A". FISCAL IMPACT Funds for this project are available in the Prop 84 Park Projects account (no. 16113266 69135). APPROVED AS TO FUNDS AND ACCOUNT: 6r4rd ouet,, Francisco Gutierrez, Exxecutiv Director Executive Director Parks, ecreatlQra nd Community Finance and Management Services Agency S ces Agency ./ Exhibits: 1) Existing School Safety Certification 2) Joint Use Agreement for Roosevelt-Walker School 3) Reimbursement Agreement of Construction Costs for Roosevelt-Walker School 25B-2 EXISTING SCHOOL SAFETY CERTIFICATION 1. PROJECT DESCRIPTION The City of Santa Ana (City) is proposing to construct a public joint-use park/community center and related facilities on portions of the existing Roosevelt Elementary School and Walker Elementary School campuses in the City of Santa Ana, referred to as the Roosevelt Elementary Park Development (the "proposed project"). The proposed upgrades would enhance the existing recreational facilities at Roosevelt Elementary School and Walker Elementary School; however, it would not increase the enrollment capacity of the schools. The project would be a joint-use facility generally used by the Santa Ana Unified School District (SAUSD) during school hours and by the public after school hours. The proposed improvements would occur within the boundaries of the existing school campuses, though the park property would be assigned a new distinct street address (810 E. Chestnut Avenue). Specifically, the improvements would include the following: Community Center - A 10,000-square-foot community center facility would be constructed with half of the facility (5,000 square feet) used by SAUSD during school hours. After school this portion of the building would be available for programs between 4:00pm to 10:00pm and on weekends 8:00am to 10:00pm. The other portion of the building (5,000 square feet) would be used during school hours and weekends. The facility would be managed by city staff and available for programs provided by leisure class instructors, partnerships with non-profit organizations and other sources. The facility would be available to the public similar to the hours identified for the play courts, play equipment and parking lot. 2. Bas ketballlvolleyball courts, playground, exterior restrooms and parking lot - This area would be managed similar to our existing public park sites that are open to the public seven (7) days per week between the hours of 8am to lOpm. This public area would include playground facilities, parking, restroom facilities and site amenities to allow the public access without affecting school operation. 3. Multi-purpose field and running track - The multi-purpose field and running track are on school grounds (i.e., the existing sports field portion of Walker Elementary School) and would be available to the public after school hours (4:00pm to dusk) and on weekends (8:00am to dusk). City of Santa Ana Roosevelt Elementary Park Development PCR Services Corporation December 2012 EXHIBIT A Page 1 25B-3 Existing School Safety Certification Refer to Exhibit 1, Roosevelt Joint Use Site Concept Plan, below, for an illustration of the proposed park and associated facilities. 2. SITE DESCRIPTION Roosevelt Elementary School currently accommodates 878 students and is located at 501 Halladay Street within the central-eastern portion of the City of Santa Ana.' Walker Elementary School currently accommodates 582 students and is located at 811 East Bishop Street immediately south of and adjacent to Roosevelt Elementary.' The schools are bordered on the north by E. Chestnut Avenue and multi-family residential uses, on the east by S. Standard Avenue and single-family residential uses, on the south by E. Bishop Street and single-family residential uses, and on the west by S. Halladay Street and single-family residential uses. The affected portion of the school campuses is characterized by existing turf fields and two portable classroom buildings, which would be relocated as part of the project. 3. ANALYSIS For local educational agencies (LEAs) constructing additional buildings or replacing existing buildings on an existing school site, the LEA must certify the review of the following California Code of Regulations (CCR), Title 5, Section 14010 standards for the school construction/replacement project and confirm that the project would not create any new significant safety hazards or exacerbate any existing safety hazards to students. The following analysis indicates the requirements per CCR Title 5 and the project's consistency with the requirements. a. PowerlinesfElectromagnetic Fields (1) Regulation The California Department of Education (CDE) School Site Selection Criteria requires that school sites be set back from existing high-voltage electric utility transmission lines (TJL). California Department of Education, "DataQuest. " http:.lAlq.ede.ca.zorldataquest%Enrollment,GradeF-nr. asp r?cTtipe=ALL&cGender=B&c Year=2011- 12&Level =School& cSelect= THEODORE+ROOSEVELT+E-- SANT.4+A,'VA+Ut'4rIF1--3066670-6030399&cChoice=SchEnrGr. Accessed October 22, 2012. California Department of Education, °DataQuest. " http.;`rdata1.cde.ca.govldataquesttEnrollrnentl'GradeEnr.aspx?cTtipe=ALL&cGerzder=B&,cYear=2011- 12&Level=School&cSelect=W4LKER+ELE,,tENTARY--S.4NTA+ 4 ti4+Z 11VIF1--3 0666 7 0- 6111298&cChoice=SehEnrGr. Accessed October 22, 2012. Citv of Santa Ana PCk Services Corporation Elementary- Park Development December 2012 Page 2 25B-4 Existing School Safety Certification Insert Exhibit 1- Roosevelt Joint Use Site Concept Plan Citv of Santa Ana PCR Services Corporation Page 3 Roosevelt Elementary Park Development December 2012 25B-5 Existing School Safety Certification The current CDE EMF criteria (Section 14010 c, Title 5) requires that the property line of the school shall be at least the following distance from the edge of respective power line easements: 1. 100 feet for 50-133 kilovolt (kV) TJL; 2. 150 feet for 220-230 kV T1L; and 3. 350 feet for 500-550 kV T/L. (2) Consistency Analysis According to Southern California Edison, there is one 12-kV circuit located along E. Chestnut Avenue adjacent to the school.' Accordingly, because this circuit is less than 50 kV, the project would not conflict with this regulation. b. Within 1,500 feet of Railroad (1) Regulation If the proposed site is within 1,500 feet of a railroad track easement, a safety study must be prepared by a qualified professional trained in assessing cargo manifests, frequency, speed, and schedule of railroad traffic, grade, curves, type and condition of track, need for sound or safety barriers, need for pedestrian and vehicle safeguards at railroad crossings, presence of high- pressure gas lines near the tracks that could rupture in the event of a derailment, and preparation of an evacuation plan. In addition to the analysis, possible and reasonable mitigation measures must be identified. (2) Consistency Analysis Based upon an examination of current aerial photographs performed by PCR, the schools are located approximately 900 feet west of the existing MetrolinklBurlington Northern Santa Fe Railroad tracks at the closest point. However, since the project would be confined to the existing school campuses and would not result in an increase of students or staff, it would not result in any new significant safety hazards or exacerbate any existing safety hazards to students. Per written communication, Sandip Patel, P.E., Southern California Edison, EA1F and Energy Group, August 29. 2012. City of Santa Ana Roosevelt Elementary Park Development PCR Services Corporation December 2012 Page 4 25B-6 Existing School Safety Certification c. Traffic Noise (1) Regulation The site shall not be adjacent to a road or freeway that any site-related traffic and sound level studies have determined will have safety problems or sound levels which adversely affect the educational program. (2) Consistency Analysis As previously described, the project site is presently developed with elementary school campuses and is surrounded by residential uses. The City of Santa Ana General Plan (General Plan) designates up to 60 decibels (dB) as a desirable maximum and 70 dB as a maximum acceptable noise level for schools.' The greatest source of noise impacting the schools would be from traffic on the surrounding roadways. The existing (2009) traffic volume on E. Chestnut Avenue is 5,283 average daily trips (ADT) and 10,469 ADT along Standard Avenue, which would result in noise levels below 65 dB at a distance of 25 feet from the roadway centerline."' Since existing traffic noise levels on adjacent roadways are below 70 dB, and the proposed project would not notably increase traffic volumes or associated noise levels, the project would not conflict with this regulation. d. Active Fault or Fault Trace (1) Regulation Pursuant to Education Code sections 17212 and 17212.5, the site shall not contain an active earthquake fault or fault trace. City of Santa Ana, City of Santa Ana General Plan, Noise Element, September 1982. City of Santa Ana Public Works, "City of Santa Ana Traffic Census 2009-Daily Traffic Volumes (2009), " ham: tip wvt? santa-ana.orginwa;?q.aspltraf ticplanning. Accessed October 24, 201?. City of Santa Ana, City of Santa Ana General Plan Noise Element, Exhibit 6 - Required Distances from Transportation Noise Sources, September 1982. City of Santa Ana Roosevelt Elementary Park Development PCR Semces Corporation December 2012 Page 5 25B-7 Existing School Safety Certification (2) Consistency Analysis The school site is located in the seismically active Southern California region, which is characterized by major faults and fault zones. However, the site is not located within the boundaries of an Earthquake Fault Zone for fault-rupture hazard as defined by the Alquist-Priolo Earthquake Fault Zoning Act and no active faults are known to pass through the property.' The nearest earthquake fault zone is located approximately 8.8 miles to the southwest of the site along the Newport-Inglewood fault. Although the project site would be subject to ground shaking and potential damage during a seismic event, the impacts would not be substantially greater than at other sites in seismically active Southern California. The project would result in the construction of park- related structures, playgrounds, and sports fields, which would replace existing portable classroom structures on-site. All new on-site structures would be designed in accordance with seismic requirements of the California Building Code (CBC), Title 24 California Code of Regulations and would be required to meet the Division of the State Architect criteria for seismic safety. Therefore, no new or increased risks to students regarding seismic conditions would occur. e. Flood or Inundation (1) Regulation Pursuant to Education Code sections 17212 and 17212.5, the site is not within an area of flood or dam flood inundation unless the cost of mitigating the flood or inundation impact is reasonable. (2) Consistency Analysis As illustrated on the Federal Emergency Management Agency (FEMA) Map Number 06059C0276J, the school campuses are located within Zone X, which is defined as "Areas of 500-year flood; areas of 100-year flood with average depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees from 100-year flood."' Further, the site is not located within the flood inundation areas associated with the failure of California Geological Survey. "Alquist-Priolo Earthquake Fault Zone Maps. " http:r"fwivw.rluake.ca.goviQmapsiapfap maps.htm. Accessed September ?0, 2012. s Federal Emergency Management Agency. "Flood Insurance Rate Map No. 06059C02176J. " Revised December 3, 2009 From ?. FEh1A tifap Services (http.ftntsc fema.oe). Accessed August 20, 201?. City of Santa Ana PC2 Services Corporation Page 6 Roosevelt Elementary Park Development December 2012 25B-8 Existing School Safety Certification Prado Dam, Villa Park Dam, or Santiago Creek Dam.' As such, no risks to students would occur as a result of project implementation. f. Near an aboveground water or fuel storage tank or within 1,500 feet of a high- pressure pipeline which poses a safety hazard (1) Regulation The site shall not be near an aboveground water or fuel storage tank or within 1,500 feet of the easement of an aboveground or underground pipeline that can pose a safety hazard as determined by a risk analysis study, conducted by a competent professional, which may include certification from a local public utility commission. (2) Consistency Analysis PCR contacted the Southern California Gas Company, the State Fire Marshal, the Santa Ana City Water Resources, and utilized various sources such as the Department of Toxic Substances Control (DTSC) EnviroStor database, an online inventory of underground storage and fuel tanks maintained using data from state agencies and responsible parties, to identify potential under- and aboveground storage tanks and pipelines located within a 1,500-foot radius of the project site. The results of the inquiries are listed below and indicate that no petroleum pipelines, fuel pipelines, water storage tanks, or fuel tanks are located within 1,500 feet, and no significant impacts would result from project implementation regarding these facilities. • Southern California Gas Company indicated that no high-pressure natural gas lines are located within 1,500 feet of the site." • The Pipeline Safety Program, Office of the State Fire Marshal, identified no pipelines under its jurisdiction within 1,500 feet of the site." + The Santa Ana City Water Resources indicated that no high-pressure water lines are located within 1,500 feet of the site.` Cite of Santa Ana. "Santa Ana General Plan Public Safgy Element. " Exhibit 4 - Flood and Fire Hazard Areas. September 20, 1982. 10 Per written communication with Dave Baldwin, Planning Associate, Southern California Gas Company. October 18, 2012. t' Per written communication with Lisa Dowdy. Office of the State Fire Marshall, Pipeline Safety Division, September 5, 2012. City of Santa Ana PCR Services Corporation Page 7 Roosevelt Elementary Park Development December 2012 25B-9 Existing School Safety Certification • A search using DTSC's EnviroStor database did not identify any underground storage tanks (USTs) and leaking underground fuel tanks (LUFT) of interest within 1,500 feet of the site. No potentially hazardous public utility infrastructure is located in proximity to the project site. Further, since the project would be constructed completely within the confines of the existing school campuses, no new or additional risks to students would occur. g. Liquefaction/Landslides (1) Regulation The site is not subject to moderate to high liquefaction or landslides. (2) Consistency Analysis Liquefaction of soils can be caused by ground shaking during earthquakes. Research and historical data indicate that loose, relatively clean granular soils are susceptible to liquefaction and dynamic settlement, whereas the stability of the majority of clayey silts, silty clays, and clays is not adversely affected by ground shaking. Liquefaction is generally known to occur in saturated, cohesionless soils at depths shallower than approximately 50 feet. Dynamic settlement due to earthquake shaking can occur in both dry and saturated sands. Landsliding is a type of erosion in which masses of earth and rock move downslope as a single unit. Susceptibility of slopes to landslides and other forms of slope failure depend on several factors. These are usually present in combination and include, but are not limited to, steep slopes, condition of rock and soil materials, presence of water, formational contacts, geologic shear zones, and seismic activity. According the California Geological Survey, the southern portion of the project site is located in an area "where historic occurrence of liquefaction, or local geological, geotechnical conditions indicate a potential for permanent ground displacements such that mitigation as defined in the California Public Resources Code Section 2693(c) would be required." 13 While the southern portion of the project site could be subject to ground settlement or other L' Per written communication with Rodolfo Rosas, P.E., Senior Civil Engineer, Santa Ana City Prater Resources, August 29, 2012. 3 California Department of Conservation, California Geological Survey (formerly Division of ;bfines and Geology). "State of California Seismic Hazard Zones, Tustin Quadrangle. " Revised January 17, 2001. Located at lutp:, %>nzw.consrl?.ca.govishmp;htmt/ ft maps so.html. Accessed December 4, 2012. Citv of Santa Ana PCt2 Services Corporation Roosevelt Elementary Park Development December 2012 Page 8 25B-10 Existing School Safety Certification liquefaction-related effects during a seismic event, no structures are proposed for this portion of the project site. Since all structures proposed as part of the park project would be located exclusively in the northern portion of the site, potential risks related to liquefaction are considered low. Additionally, the project site and surrounding areas are relatively level. Therefore, the potential for landslides at the site is low. It should be noted that all new on-site structures would be designed in accordance with seismic requirements of the CBC, Title 24 California Code of Regulations and would be required to meet the Division of the State Architect criteria for seismic safety. Therefore, no new or additional risks to students regarding liquefaction or landslides would occur as a result of the proposed project. h. Traffic/Pedestrian Safety (1) Regulation The site shall not be on major arterial streets with a heavy traffic pattern as determined by site-related traffic studies including those that require student crossings unless mitigation of traffic hazards and a plan for the safe arrival and departure of students appropriate to the grade level has been provided by city, county or other public agency in accordance with Chapter 10, "School Area Pedestrian Safety," of the California Department of Transportation Traffic Manual (August 1996 edition). (2) Consistency Analysis The project site is bordered by E. Chestnut Avenue on the north and Standard Avenue on the east. The existing (2009) traffic volume on E. Chestnut Avenue is 5,283 average daily trips (ADT) and 10,469 ADT along Standard Avenue." Since neither the City nor the Santa Ana Unified School District proposes to increase the current capacity of the schools, post-project traffic volumes are anticipated to be generally consistent with existing traffic volumes. Although a minor increase in local traffic associated with day use of park facilities could occur, this increase is expected to be minimal and negligible relative to existing traffic volumes in the area. This is because the proposed park facilities would be utilized by existing school students during school hours and by the public, which currently also utilizes the existing school play fields, after school hours. Since the proposed project would upgrade and enhance the schools' existing playground and field areas, which are already being used by on-site students and surrounding community, with a public park at the same location, no substantial increases in area traffic volumes are expected to occur under the proposed project. Therefore, traffic-related safety impacts to students and staff would not increase with the implementation of the project. ` City of Santa Ana Public Works, -City of Santa Ana Traffic Census 2009-Daily Truk Volumes (2009j, " httn:lh+u:w.santa-ana.oremwalfay..asp#trafficp1annin?. Accessed October 22. 2012. City of Santa Ana PCR Services Corporation Page 9 Roosevelt Elementary Park Development December 2012 25B-11 Existing School Safety Certification i. Compatible Existing and Proposed Surrounding Land Uses (1) Regulation Existing or proposed zoning of the surrounding properties shall be compatible with schools in that it would not pose a potential health or safety risk to students or staff in accordance with Education Code Section 17213 and Government Code Section 65402 and available studies of traffic surrounding the site. (2) Consistency Analysis The City's General Plan Land Use Plan Map (updated March 2012) designates the school sites as "INS" (Institutional) and are zoned Open Space (O). The school sites are surrounded by low-density residential uses (LR-7 in the General Plan) on all sides, which are zoned R3 to the north, R1 to the south, RI and R2 to the east, and R1 and R3 to the west. The project proposes removing/relocating two existing portable classrooms and constructing a community center and public park within the existing playground/sports field portion of the schools' campuses. The proposed park would be consistent with the existing school-related playground/sports field uses currently occupying the site, and therefore would be considered compatible with the existing surrounding land uses. j. Exposure to adverse light, noise, and air pollution (1) Regulation The District shall consider environmental factors of light, noise, aesthetics, and air pollution in its site selection process. (2) Consistency Analysis (i) Light The project would remove or relocate two existing portable classrooms from the Roosevelt Elementary School campus and would construct a community center, public park, and various associated structures and improvements within the playground/sports field portions of both school campuses. As such, the project may result in a greater amount of interior and exterior building lighting. However, the improvements would be confined to SAUSD property and the lighting would be implemented in a manner consistent with applicable City standards to minimize light spillage on adjacent properties. There are no daytime sources of lighting or glare that would impact school operations. In addition, the proposed buildings would not be impacted City of Santa Ana PCR Services Corporation Page 10 Roosevelt Elementary Park Development December 2012 25B-12 Existing School Safety Certification by adjacent interior and exterior building lighting during the nighttime because the school is not used for learning purposes after school hours. Therefore, since the project is limited in development intensity, the existing lighting conditions would not be substantially increased and no additional risk to students would occur as a result of project implementation. (ii) Noise As previously discussed, the schools are currently not substantially impacted by mobile- source noise from the traffic on the surrounding roadways due to the limited capacity of E. Chestnut Avenue and Standard Avenue, which are most proximate to and abut the proposed park portion of the site, and are surrounded by single- and multi-family residential uses, which are not considered sources of excessive noise. In addition, the project would not increase the capacity of the schools, and would result in a nominal increase in vehicle trips associated with the new park facilities, as the public already utilizes the existing school play fields for recreation. Therefore, although a minor increase in park-related traffic could result from project implementation, the proposed project would not result in a substantial increase in traffic. Therefore, no significant risk to students would occur as a result of project implementation. (iii) Air Pollution The project site is surrounded by single- and multi-family residential uses. According to the South Coast Air Quality Management District, there are five (5) facilities listed as air pollutant emission sites within the 1,500-foot radius of the school campuses.15 However, all facilities are permitted and regulated by the AQMD and are all a minimum of 850 feet from the school properties at the closest point. Furthermore, the proposed improvements would occur within the confines of the existing school campuses and would not increase enrollment at either school. Therefore, the proposed project would not cause a significant increase in air pollution, and no new or increased risks to students would occur as a result of project implementation. k. Easements restricting access or building placement (1) Regulation Easements on or adjacent to the site shall not restrict access or building placement. 15 South Coast Air Quality Management District. "AQMD Facility Lookup. " ht :,?wx v.agmd.goa.r'webapp ubin/o Xmapviewer.aspx. Accessed October 22, 2012. City of Santa Ana PCR Services Corporation Page I I Roosevelt Elementary Park Development December 20112 25B-13 Existing School Safety Certification (2) Consistency Analysis There are no known easements on or near the school campuses that would impact implementation of the proposed project. As such, there would be no impact related to easements as a result of project implementation. 1. Within 2,000 feet of a significant disposal of hazardous waste (1) Regulation If the proposed site is on or within 2,000 feet of a significant disposal of hazardous waste, SAUSD shall contact the Department of Toxic Substance Control for a determination of whether the property should be considered a Hazardous Waste Property or Border Zone Property. (2) Consistency Analysis A review of the GeoTracker, EnviroStor, and the EPA websites indicated that there are no known hazardous waste disposal facilities within 2,000 feet of the project site. As such, no risks to students would occur as a result of project implementation. City of Santa Ana Roosevelt Elementary Park Development PCR Services Corporation December 2012 Page 12 25B-14 Existing School Safety Certification 4. REFERENCES 1. California Department of Conservation, California Geological Survey. Alquist-Priolo Earthquake Fault Zone Maps. http://Nvww.guake.ca.gov/.Pmaps/ap/ap maps.htm. Accessed September 20, 2012. 2. California Department of Conservation, California Geological Survey (formerly Division of Mines and Geology). "State of California Seismic Hazard Zones, Tustin Quadrangle." Revised January 17, 2001. Located at htti)://grnw.consrv.ca.gov/shmp/html/pdf maps so .html. Accessed December 4, 2012. 3. California Department of Education. DataQuest. http://datal.cde.ca.gov/dataquest/. Accessed October 22, 2012. 4. City of Santa Ana General Plan (Adopted September 1982). 5. City of Santa Ana Public Works (http://www.santa-ana.org/pwa/faq.asp#trafficplannin). Accessed October 22, 2012. 6. EnviroStor {http:,'hvw-w.envirostor.dtsc.ca.go v/public. Accessed August 20, 2012. 7. EPA (http://www.epa. og v/superfundlsites/npllnpl.htm). Accessed August 20, 2012. 8. FEMA Map Services (http://msc.fema.gov). Accessed August 22, 2012. 9. GeoTracker (https://,geotracker.swrcb.ca..vov/). Accessed August 20, 2012. 10. Google Maps (https://maps.google.com/mns?hl=en). Accessed October 12, 2012. ll. Office of the State Fire Marshal, Lisa Dowdy, Research Analyst 1. Personal Communication, September 5, 2012. 12. Santa Ana Public Works Agency, Rodolfo Rosas, P.E., Senior Civil Engineer. Personal Communication, August 29, 2012. 13. South Coast AQMD Facility Lookup (http://w-ww.agmd..ov/webappl/pubinfo /mapviewer.aspx). Accessed October 22, 2012. City of Santa Ana PCK Services Corporation Page 13 Roosevelt Elementary Park Development December 2012 25B-15 Existing School Safety Certification 14. Southern California Edison, Sandip Patel, P.E., EMF and Energy Group. Personal Communication, August 29, 2012. 15. Southern California Gas Company, Dave Baldwin, Planning Associate. Personal Communication, October 18, 2012. City of Santa Ana PCR Sere ices Corporation Page 14 Roosevelt Elementary Park Development December 2012 25B-16 JOINT USE AGREEMENT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA (ROOSEVELT-WALKER SCHOOL) THIS JOINT USE AGREEMENT ("Agreement") is dated as of , 2013, 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 both Roosevelt Elementary School, which is located at 501 S. Halladay Street, Santa Ana, California, and Walker Elementary School, which is located at 811 E. Bishop Street, Santa Ana, California. B. The Roosevelt and Walker Elementary School sites share the property located at the southwest corner of Standard Ave and Chestnut Street, which is suitable for a community center and park site. C. 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. D. The City has received a grant through the Statewide Park Development and Community Revitalization Program of 2008, providing funding to construct improvements to the running track, install sports lighting at the basketball court, install a park site, construct a 10,000 square foot community center, install a parking lot for access to the park site and install fencing and landscaping around the park site. E. The City and District desire to undertake a coordinated use of the improved sports facilities and community center in order to allow maximum use by the schools, community residents and sports organizations. 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 Roosevelt and Walker Schools community. G. City and District desire to enter into this Agreement to provide for the joint use and maintenance of the community center, parking lot and sports and recreation facilities. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the Parties hereto agree as follows: Agreement: DEFINITIONS. The following definitions shall apply to the terms as used in this A. "Joint Use Property" shall mean that certain real property and improvements thereon RooseveltkUse 1/24/13 25B-17 described in Exhibit "A" attached hereto. B. "Joint Use Facilities" shall mean (1) the athletic field and track, and (2) one-half of the Community Center building as identified by the parties at final design of the building, all as identified in Exhibit "B" attached hereto. C. "Public Facilities" shall mean the one-half of the Community Center building as identified by the parties at final design of the building , basketball/volleyball court, tot lot, restroom and parking lot at the northeast corner of Roosevelt/Walker School site, as identified in Exhibit "C", attached hereto. Said Public Facilities shall be open during the hours that City parks are open to the public. D. "Technical Advisory Committee" shall mean that certain 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 at Roosevelt/Walker Elementary Schools. E. "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. F. "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. G. "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. 2. TERM AND COMMENCEMENT. This Agreement shall commence on , 2012, and shall run for a term of thirty (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 and, on a first priority basis, for activities during City Time upon thirty-days notice to the City and in compliance with the provisions herein ("District Use"). However, if City has already scheduled a program for the Joint Use Facilities, then District shall use its reasonable efforts to provide City with an acceptable alternate location on the Roosevelt-Walker School Site. 1) District Use shall not include any priority use of the Public Facilities of the Community Center, but the District may request use of the Public Facilities of the Community Center. RooseveltJtUse 1/24/13 25B-18 2) A separate point of access or agreed upon control system will be provided for the City's use of the Public Facilities of the Community Center. B. City Use. i. City shall have the right at its discretion to schedule activities in the Joint Use Facilities during City time. ii. City shall have the exclusive right to schedule activities in the Public Facilities during Regular School Hours and City Time. iii. City shall have exclusive use of the Public Facilities during school hours. During non-school hours and weekends, City shall have access and use of all Public Facilities on the Roosevelt-Walker site. iv. The City shall be responsible for and have the authority to schedule use of the Joint Use Facilities during City Time. V. The City shall establish a system to provide for the coordination and scheduling of its use of the Joint Use Facilities during City Time, including a procedure for reserving the use of the Joint Use Facilities during City Time. C. Priority for Youth Sports. The City will utilize the athletic field and track portions of the Joint Use Facilities during City Time exclusively for youth sport organizations with priority given to youth sport organizations that have the greatest number of youth that live within a '/z-mile radius of the Joint Use Property. D. District Priority. 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 shall use its reasonable efforts to provide City with a suitable relocation site for the preempted organization. E. 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 in 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 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. The City shall not charge the District and the District shall not charge the City for any use of the Joint Use Facilities and/or the Public Facilities of the Community Center. F. 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. G. Insurance. The City will ensure that each entity that 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 RooseveldtUse 1/24/13 25B-19 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 during Regular School Hours. 2) The City shall be responsible for appropriate supervision while using the Joint Use Facilities during City Time. 1. Maintenance. Normal maintenance of the Joint Use Facilities will be the responsibility of the District. District shall be responsible to maintain its portion of the interior of the Community Center building, outdoor lighting, painting, re-roofing, and acts of vandalism in the Community Center footprint. The City shall be responsible to maintain its portion of the interior of the Community Center building, the Public Facilities, and the sports lighting at the Joint Use Facilities. 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. City shall be responsible for repair of the Public Facilities. However, City 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 District will share in the cost of the significant repairs to the Public Facilities. As used in this section, "significant repairs" will include, at a minimum, any repair or replacement of a component of the Public 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. Each party shall be responsible for damage occurring during its use of the Joint Use Property, Joint Use Facilities and/or Public Facilities. K. Utilities. City shall pay for all utility services furnished to the Public Facilities and sports and security lighting on the athletic field. District shall pay for all utility services furnished to the Joint Use Facilities except the sports and security lighting mentioned above. 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 Roosevelt and Walker Elementary Schools 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. RooseveltJtUse 1/24/13 25B-20 However, the City represents and warrants that no tax increment revenue from its redevelopment areas will be provided. M. Materials and Equipment. District shall furnish all materials and equipment in District's sole discretion necessary for the Joint Use portion of the Community Center. City shall furnish materials and equipment, in City's discretion necessary for the Public Use portion of the Community Center. 4. 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, expenses, 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 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, expenses, 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: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 RooseveltJtUse 1/24/13 25B-21 and Attn: Clerk of the Council City of Santa Ana Parks, Recreation and Community Services 26 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Gerardo Mouet If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Joe Dixon 7. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to this matter. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made with regard to this matter by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding this matter not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement. 8. APPLICABLE LAW. This Agreement has been made and entered into in the State of California and the laws of said State shall govern the validity and interpretation hereof and the parties' performance hereunder. 9. SEVERABILITY. 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 provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or unenforceable 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. 10. REMEDIES FOR BREACH. Any material 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 law, 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 conditions or any other term or condition of this Agreement. 11. 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 and their respective successors. This Agreement shall not be assignable by RooseveltkUse 1/24/13 25B-22 either Party. 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: Joe Dixon Assistant Superintendent Facilities & Governmental Relations By: By: Thelma Melendez de Santa Ana Superintendent Approved as to Form By: Philip J. Henderson Attorney, Orbach Huff & Suarez Kevin O'Rourke Interim City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Soria R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney RoosevelthUse 1/24/13 25B-23 25B-24 Exhibit "A" JOINT USE PROPERTY RooseveltJtUse 1/24/13 25B-25 11 a r z a rare H- CHFSTNUT"E fi&W .-u got (esorlsO CII FSTNUT AV F 1 ROOSEVELT JOINT USE SITE CONCEPT PLAN JOINT USE PROPERTY 32 o? Y e EXHIBIT"A" 25B-26 Exhibit "B" JOINT USE FACILITIES RooseveltJtUse 1/24/13 25B-27 .x z? W Q C z C z F Wftto PAWd N..: wr (plor,114) 1 f ROOSEVELT JOINT USE SITE CONCEPT PLAN JOINT USE FACILITIES F } t 0 EXHIBIT "B" 25B-28 CHESTNUT AVE CHESTNUTAVE Exhibit "C" PUBLIC FACILITIES RooseveltJtUse 1/24/13 25B-29 St e z? 40?ffl "r ro-brlw.? 1 ROOSEVELT JOINT USE SITE CONCEPT PLAN PUBLIC FACILITIES EXHIBIT"C" 25B-30 CHESTNUTAVE CHESTNUTAVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR ROOSEVELT-WALKER ELEMENTARY SCHOOL INCORPORATING PROP. 84 GRANT REQUIREMENTS This Agreement Between the City of Santa Ana and Santa Ana Unified School District ("Agreement") is made this day of , 2012, by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and the Santa Ana Unified School District ("District"), a public school district (collectively, "Parties"; individually "Party"). RECITALS A. The District is designing and constructing improvements at its Roosevelt-Walker Elementary School site (the "Project"). B. The Project includes improvement of the multi-purpose sports and recreation facilities ("Facilities"), which are depicted in Exhibit A: 1. A decomposed granite running track, 2. Basketball court Sports field lighting, 3. Install a park site with tot lot, basketball/volleyball court and play area, 4. Fencing and landscaping around the park site, 5. Install a parking lot for access to the park site, and 6. Construct a 10,000 sq. ft. community center, The Parties intend to use the Facilities for joint use to benefit the community and District students. C. The City agrees to reimburse the District for costs associated with the design and construction of the Facilities, which will be constructed as part of the Project. D. The City, as a recipient of Proposition 84- Statewide Park Development and Community Revitalization Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ("Prop. 84") funds, desires to enter into this Agreement with the District for the expenditure of Prop. 84 funds in accordance with State Department of Parks and Recreation rules and regulations, to pay for certain construction costs for the Facilities. The enforceability of this Agreement is contingent upon the City's receipt of sufficient Prop. 84 funds to pay for the design and construction of the Facilities. E. The District, pursuant to, without limitation, section 17077.40, et seq. and/or section 17527, et seq., of the Education Code, is authorized to enter into joint use agreements with other public entities. F. The Parties intend to also enter into a separate agreement for joint use of the Facilities between the City and the District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion of the Facilities, the District shall permit the City to access the Facilities for public use and recreation purposes pursuant to applicable law and to the Joint Use Agreement. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Design and Construction of Facilities. a. As part of the Project, the District shall cause the Facilities to be designed and built, subject to the City's Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 1 25B-31 approval, which shall not be unreasonably withheld. The District or its agents or representatives shall meet and confer with the City prior to finalizing construction work on the Facilities, and at reasonable intervals during the development process. b. The District shall not be obligated to incur any expenses or be obligated by a third party contract to start the design or construction of the Facilities until the City gives the District notice that it has received from the State a certain sum of Prop. 84 funds that will be available for construction of the Facilities, and that the District has reasonably determined are sufficient funds available to complete construction of the Facilities. City shall provide the District with notice of each Prop. 84 disbursement received for use on the Facilities. c. The City acknowledges that the District is undertaking design and construction of the Project. The Facilities shall be constructed substantially to conform with the Scope of Development attached hereto as Exhibit A, and incorporated herein by reference, unless modified by written agreement between the Parties. 2. Payment for Design and Construction of the Facilities. a. District shall be responsible for contract administration, including labor compliance administration as required by Prop 84 Grant funding. District shall monthly submit invoices to the City evidencing construction work completed in the previous month. Said invoice shall include District Contractor's invoice and backup documentation evidencing labor compliance. At its award of the Project construction contract, District shall provide to City a timeline and budget schedule for completion of the Project. District shall maintain and update these schedules. b. The City shall reimburse the District for preconstruction costs, which shall include design costs, and construction costs for the Facilities in a total not to exceed amount of Four Million Nine Hundred Thirty Thousand Dollars ($4,930,000.00). The City shall pay invoices submitted by the District within thirty (30) days following receipt of invoice as set forth above, subject to receipt of Prop 84 funds from the State. City shall retain Seventy Thousand Dollars ($70,000.00) for costs associated with contract administration and CEQA compliance required by the grant. c. The City's reimbursement of preconstruction costs, including design, shall not exceed twenty-five percent (25%) of total Project costs, as set forth in Section 2.b, above. d. Any costs exceeding $4,930,000.00 shall be the sole responsibility of the District. e. The Parties agree to take all reasonable actions to cooperate to enforce the provisions in this Agreement, including this provision, if other third party agencies, including the State of California, attempt to interpret this Agreement contrary to the language herein. 3. Record Drawings/Plans for Facilities. District will provide City a set of record drawings of the Facilities and copies of all contractor-supplied use manuals and warranty information, as applicable. 4. Term/Termination. This Agreement shall begin on the date first stated above and terminate ninety days after District files a Notice of Completion regarding the Facilities. Except as indicated herein, neither Party may terminate this Agreement. b. If the City breaches this Agreement in any material way, the District may elect to provide written notice to the City of the breach(es). If the City does not cure the breach(es) within ten (10) days of receipt of the notice by paying all overdue funds, the District may terminate this Agreement by providing written notice of termination to the City. c. If the District breaches this Agreement in any material way, the City may elect to provide written notice to the District of the breach(es). If the District does not cure the breach(es) within ten (10) days of receipt of Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1131113 Page 2 25B-32 the notice, the City may terminate this Agreement by providing written notice of termination to the District. District shall be liable to City for all costs, fees, expenses, and other damages incurred by the City arising from District's breach(es). If a breach is not curable in ten (10) days, the District will provide the City notice thereof and so long as the District diligently works to cure the breach, the District will not be liable to the City thereon and the City may not terminate this Agreement based on that breach. d. The remedies in this paragraph are in addition to any other remedies available at law or under this Agreement. A decision by a Party not to terminate this Agreement pursuant to this paragraph does not constitute a waiver of any other claims or remedies that Party may have against the other. 5. Indemnification and Cooperation in Claim Defense. a. District shall indemnify, save, protect, defend and hold harmless the City, its officers, agents and employees from any and all claims, costs, and liability, including reasonable attorneys' fees, for any damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of the District or its agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or indirectly from the negligent or wrongful acts or omissions of City, its officers, agents and employees. b. City shall indemnify, save, protect, defend and hold harmless the District, its officers, agents and employees from any and all claims, costs and liability, including reasonable attorneys' fees, for any damage, injury or death, to persons or property arising from the negligent or wrongful acts or omissions of the City or its agents under this Agreement, except to the extent that such claims, costs, or liability arise directly or indirectly from the negligent or wrongful acts or omissions of District, its officers, agents and employees. 6. Environmental Review. The City shall be responsible for ensuring compliance with the California Environmental Quality Act and any other applicable environmental laws with regard to the Project inclusive of the Facilities. 7. Confidentiality: If either Party receives from the other Party information which due to the nature of that information is reasonably understood to be confidential and/or proprietary, the Parties agree that they shall not use or disclose that information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Parties disclosed in a publicly available source; (c) is in rightful possession of the Parties without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by one of the Parties without reference to information disclosed by the other Party. Conflict of Interest. The Parties shall ensure compliance with all applicable conflict of interest laws including, without limitation, the Fair Political Practices Act and Government Code section 1090, et seq. In addition, each Party agrees that it will not hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by that Party. For the purposes of this section, the term "immediate family" means spouse, child, aunt, uncle, niece, nephew, stepparent and stepchild. The terns "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 9. Drug Free Workplace. The Parties confirm that both comply with Government Code Sections 8350 et seq., the Drug-Free Workplace Act of 1990 and shall take diligent actions to ensure that there is no unlawful manufacture, distribution, dispensing, possession or use of a controlled substance on the Project. 10. Anti-Discrimination: It is the policy of the Parties that there be no discrimination against any employee engaged in the work, including work under contract, on the basis of sex, race, creed, color, ancestry, national Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 3 25B-33 origin, religion, sexual orientation, disability, medical condition or marital status, and therefore each Party agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the District agrees to require like compliance by all its contractor(s) and subcontractor(s) on the Project. 11. Terms Required Based on Proposition 84 Funding. The following terms are made a part of this Agreement, as required by the Parties participation in and use of funds from the Prop. 84 grant program. A. Project Administration. 1. District shall comply with all applicable laws and regulations affecting acquisition and development projects, including but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including by not limited to the Americans With Disabilities Act of 1990 (42 U.S.C.§ 12101 et. seq.) and the California Unruh Act (California Civil Code §51 et. seq.) 2. The California Department of Parks and Recreation (hereinafter "DPR") and/or City shall have the right to inspect all property or facilities developed or constructed with Prop. 84 grant funding. District shall make said property available for inspection upon 24-hour notice from DPR or City. 3. District agrees that final payment may not be made until the work required to complete the Facilities, as described in City's Grant Application, is complete. B. Project Termination. Because the benefit to be derived by the City from the full compliance by the District with the terms of this Agreement, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities, opportunities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished through Prop. 84 grant monies under the provisions of this Agreement, the District agrees that payment by the District to the State and/or City of an amount equal to the amount of the Grant Monies disbursed under this Agreement by the City would be inadequate compensation for any breach by the District of this Agreement. The District further agrees therefore, that in addition to compensatory damages, the appropriate remedy in the event of a breach of this Agreement by the District shall be the specific performance of this Agreement, unless otherwise agreed to by the City or unless prohibited by applicable law. C. Budget Contingency Termination or Revision Clause. If Prop. 84 funding for the Facilities is reduced or deleted by the State of California, the City shall immediately provide notice to the District and shall have the option to either terminate this Agreement or provide an alternative funding source. The Joint Use Agreement shall be revised accordingly to reflect the changed amount of funding and a corresponding changed amount of use, subject to the reasonable determination of the Parties. The District shall not be liable to reimburse the City for City-provided and/or Prop. 84 funds that have been expended prior to the notice of termination. D. Financial Records. 1. The District shall maintain satisfactory financial accounts, documents and records for the project and make them available to the DPR and/or City for auditing at reasonable times. The District also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever is later. 2. The District shall keep such records as the DPR and/or City shall prescribe, including records which fully disclose (a) the disposition of the proceeds of Prop. 84 funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 4 25B-34 3. The District agrees that the DPR and/or City shall have the right (at its sole cost) to inspect and make copies of any books, records or reports pertaining to this Agreement or matters related thereto during regular office hours. The District shall maintain and make available for inspection by the DPR and/or City accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. Such accounts, documents, and records shall be retained by the District for five (5) years following final payment. 4. The District shall use a generally accepted accounting system that clearly records costs incurred on the Facilities and accurately reflects fiscal transactions with necessary controls and safeguards. District shall submit written project status reports within 30 calendar days after the DPR, or City has made such a request. District shall provide the City a report showing total final Project expenditures within sixty (60) days of Project completion. E. Audit. To the extent the District uses California Prop. 84 funds for the Project, the District is subject to audit by the DPR and/or City. Upon request of DPR or City, District shall provide all Project records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records requested by DPR. Additionally, District shall provide an employee having knowledge of the Project and its records to assist DPR's auditor. F. Prevailing Wage. District shall require that its contractor(s) for construction of the Facilities pay prevailing wage. Additionally, if required by applicable law, the District or the California Department of Industrial Relations shall implement a Labor Compliance Program as described in California Labor Code § 1771.5. The district shall hire a Labor Compliance Officer or shall utilize the Department of Industrial Relations' Compliance Monitoring Unit for the project to ensure all workers are paid the prevailing wage per his/her classification. The Parties intend that the costs of the Labor Compliance Officer are reimbursable construction expenses. G. Insurance/Bonding. 1. With respect to performance of work under this Agreement, District shall require that Contractor maintain and shall require its subcontractors, if any, to maintain insurance as described below: a. Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. Commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of the contract, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the District and the City, their officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the District and/or the City; and (c) contain standard separation of insureds provisions. Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 2. District shall require Contractor to post performance and payment bonds to cover the entire construction period. Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 5 25B-35 H. Access to Records. During District office hours and with reasonable notice, City and the DPR and/or their representatives shall have access for purposes of monitoring, auditing, and examining District's activities and performance, to books, documents and papers, and the right to examine records of District's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the DPR and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of District are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 1. Use of Facilities. 1. District acknowledges that the City has applied for and received grant funds through California Prop. 84, and that the Facilities which will be developed with such Prop. 84 funds shall have operating hours consistent with the times proposed in the City Grant Application, and be open to members of the public, unless otherwise granted permission by the California Department of Parks and Recreation ("DPR"). 2. District agrees that any Facilities developed with Prop. 84 funds shall be used only for the purposes of the grant and consistent with the Grant Scope referenced in the City's Grant Application unless prior written approval is given by the State. 3. District agrees to use the Facilities developed under this Agreement only for the purposes of the grant and, for the next thirty (30) years, no other use, sale, or other disposition shall be permitted except as authorized by a specific act of the California Legislature in which event the property shall be replaced by the District with property of equivalent value and usefulness as determined by DPR. 4. The Facilities may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this Agreement and with written approval of the DPR. 5. Any real property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the State of California, acting through the DPR, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make DPR a guarantor or a surety for any debt or mitigation, nor does it waive DPR's rights to enforce performance under the Grant Contract. 12. Attorneys' Fees. In the event of a dispute(s) between the Parties related to this Agreement, each Party shall pay its own attorneys fees and related expenses incurred and shall not have a right to recover any of those fees from the other Party. 13. Force Majeure. Neither Party shall be held responsible or liable for an inability to fulfill any obligation under this Agreement by reason of an act of God, natural disaster, rationing or restrictions on the use of utilities or public transportation whether due to energy shortages or other causes, war, civil disturbance, riot, or terrorism ("Force Majeure"). Any Party relying on a Force Majeure shall give the other Party reasonable notice thereof, and the Parties shall use their best efforts to minimize potential adverse effects from such Force Majeure, including, without limitation, subcontracting the obligations of the Party claiming such Force Majeure to a third party and extending the time periods for performance. 14. Assignment. Neither Party may, without the other Party's prior written consent, assign its rights or delegate its duties pursuant to this Agreement. This provision does not apply to the District's contracting with contractor(s), consultant(s), or others to perform services or provide other items related to the planning, approval, design, or construction of Project, including the Facilities. The District's contracting with others shall not alter the District obligations pursuant to this Agreement. 15. Successors and Assigns. This Agreement shall bind the successors and assigns of the Parties hereto. Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1131113 Page 6 25B-36 16. Further Assurances. Each Party to this Agreement shall at its own expense perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. 17. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. 18. Notices. Any notices that either Party desires to or is required to give to the other Party or to any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy-two hours from the date of mailing, if mailed as provided in this paragraph. Santa Ana Unified School District City of Santa Ana 1601 East Chestnut Avenue 20 Civic Center Plaza, M-75 Santa Ana, California 92701 P.O. Box 1988 Attn: Assistant Superintendent, Santa Ana, CA 92702 Facilities & Governmental Relations Attn: Executive Director - PRCS 19. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Agreement. 20. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either Party. 21. Severability. Should all or any portion of any provision of this Agreement be held unenforceable or invalid for any reason, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then the remaining portions or provisions shall be unaffected. 22. Governing Law. This Agreement shall be governed by the laws of the State of California and venue shall be in the appropriate Superior Court in Orange County, California. 23. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby incorporated herein and made a part of this Agreement by this reference. 24. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 25. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 26. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under this Agreement. 27. Parties to Bear Their Own Costs. Except as specifically set forth in this Agreement, the Parties shall each bear their own costs, including, without limitation, attorneys' and consultants' fees, incurred in connection with any negotiations, strategic planning, analysis and due diligence relating to this Agreement. 28. Effective Date. This Agreement must be executed by both Parties and approved or ratified by the City's City Council and the District's Board of Trustees. This Agreement shall be effective upon the latter date of approval of either the City Council or the Board of Trustees. Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 25B-37 Page 7 ACCEPTED AND AGREED on the date indicated below: City of Santa Ana Dated: By: Print Name: Print Title: Attest: By: Print Name Print Title: 20 Kevin O'Rourke City Manager Maria D. Huizar Clerk of the Council Approved as to Form Sonia R. Carvalho, City Attorney By: Print Name: Laura Sheedy Print Title: Assistant City Attorney Dated: By: 20 Print Name: Joe Dixon Print Title: Assistant Superintendent, Facilities & Governmental Relations Dated: By: Print Name: Print Title: 20 Thelma Melendez de Santa Ana Superintendent Approved as to Form Dated: By: 20 Print Name: Philip J. Henderson Print Title: Attorney, Orbach Huff & Suarez Santa Ana Unified School District Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt-Walker Facilities 1/31/13 Page 8 25B-38 Exhibit "A" Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 9 25B-39 ( sownA1- K) L.VEF DIEM. 5c4mL k I?y 9 C ? s y? g ? ; :? ? SGMa?L - ` JOINT USE PROPERTY BOUNDARY LINE ?? 1?W e a ? z d z ilve ww CHESTNUTAVE i 0 CHESTNUT AVE ^? / 1 \l I ROOSEVELT JOINT USE SITE CONCEPT PLAN JOINT USE PROPERTY 25B-40 F e 0 a a d x R ZL EXHIBIT"A"