HomeMy WebLinkAboutRDA 04 OCPT AG TFYC 07-07-98AGFNi'iA
DATE: July 7, 1998
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
.
PATRICK SANCHEZ, DIRECTOR, PARKS & RECREATION SERVICES
INTERIM USE AGREEMENT WITH ORANGE CHILDREN & PARENTS TOGETItER
(OCPT) FOR THE USE OF THE TUSTIN FAMILY & YOUTH CENTER
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RECOMMENDATION
Authorize William A. Huston, Executive Director, as an agent on behalf of the Agency to execute the
Interim Use Agreement between the City of Tustin, the Tustin Community Redevelopment Agency and
OCPT.
FISCAL IMPACT
None.
BACKGROUND
The purpose of the Interim Use Agreement is to furnish the City additional space at the Tustin Family &
Youth Center to provide recreation programs and the Summer Food Service Program. The City desires to
use premises of the Youth Center, including the playground area and equipment, which are leased to OCPT.
OCPT requested the Agreement to clearly define the responsibilities of each party. In addition, the
Agreement is necessary to fulfill Federal and State grant funding requirements. OCPT will pay rent due
during the summer months and is not seeking reimbursement from the City for use of the additional space.
Staff worked with OCPT, the City Attorney and the Agency to develop this arrangement. The attached
Agreement requires the approval of the City and the Tustin Community Redevelopment Agency.
Patrick Sanchez I~'
Director, Parks and Recreation Services
Attachment: Interim Use Agreement
INTERIM USE AGREEMENT AMONG
THE CITY OF TUSTIN,
THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY,
AND ORANGE CHILDREN AND PARENTS TOGETHER, INC.
This Agreement is made and entered into on this~ day of ,1998, by and
among the City of Tustin, (the "CITY"), the Tustin Community Redevelopment Agency
("AGENCY"), and Orange Children and Parents Together, Inc., ("OCPT').
RECITALS
.
The AGENCY and OCPT have previously entered into a Lease Agreement for
Premises at the Tustin Family and Youth Center for a Headstart and Childcare
Program.
.
The OCPT Headstart Childcare Program is not in operation from
to ,1998.
,1998
.
The CITY desires to occupy and use the Premises of the Tustin FamilY & Youth
Center leased to OCPT, including the playground area and equipment, for CITY's
summer recreation programs and related purposes, including foOd service provided
through the CITY Summer Food Service Program.
4. OCPT and the AGENCY are agreeable to such interim use by City.
NOW, THEREFORE, based on the above Recitals and the mutual promises and
covenants herein, the Parties agree as follows:
AGREEMENT
.
CITY shall have the right to use the Premises at no cost to CITY for its Summer
Recreation 'Program and Summer Food Service Program from June m, 1998 to
September ,1998 (the"lnterim Use Period").
.
CITY shall maintain the Premises during the Interim Use Period. OCPT shall be
relieved of its obligations to maintain the Improvements (as defined in the Lease
Agreement) during the Interim Use Period.
.
During the Interim Use Period CITY shall defend, indemnify, and hold harmless
OCPT and all of its officers, employees, agents and independent contractors thereof
brought for, or on the account of, injuries or death of any person including, but not
limited to, workers and the public, or damage to property arising out of CITY's
activities on Premises, its failure to maintain the Premises, or any other action taken
by the CITY taken in performance of this Agreement, or by or on account of any act
or omission by the CITY's employees, agents, representatives, or subcontractors
1101-01
64674_1
in connection with CITY's obligations under this Agreement during the Interim Use
Period.
o
Except as expressly provided herein, no terms and conditions of the Lease
Agreement are amended or modified and shall remain in full force and effeCt.
o
Each person signing this Agreement represents that they have been authorized to
sign on behalf of the entity they represent.
In WITNESS WHEREOF, Agency and City have each by the action of their
respective legislative bodies, authorized this Interim Use Agreement to be executed on and
behalf of each entity, and OCPT has caused the same to be executed by its duly
authorized officer on the dates listed below.
"CITY"
City of Tustin
DATED:
APPROVED AS TO FORM
Patrick Sanchez
Director, Parks and Recreation
Services
Lois E. Jeffrey
City Attorney
"AGENCY"
Tustin Community Redevelopment
Agency
DATED:'
APPROVED AS TO FORM
William A. Huston
Executive Director
Lois E. Jeffrey
Agency Counsel
DATED:
"OCP'i'"
Orange Children & Parents
Together, Inc.
By: Name:
Title:
11Ol-01
64674_1