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HomeMy WebLinkAbout10 SPTS FLD LGHT'G UTT 01-21-03AGENDA REPORT NO. 10 01-21-03 MEETING DATE: JANUARY 21, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PATRICK SANCHEZ, DIRECTOR, PARKS AND RECREATION SERVICES APPROVAL Of A JOINT USE AGREEMENT BETWEEN THE TUSTIN UNIFIED SCHOOL DISTRICT AND THE CITY OF TUSTIN FOR CAPITAL IMPROVEMENT OF SPORTS FIELD LIGHTING AT UTT MIDDLE SCHOOL SUMMARY: The Council is .requested to approve the Joint Use Agreement between the Tustin Unified School District and the City of Tustin for Utt Middle School Sports Field Lighting. RECOMMENDATION: It is recommended that the City Council approve the Joint Use Agreement between the Tustin Unified School District and the City for the Sports Field Lighting Capital Improvement Project at Utt Middle School. FISCAL IMPACT: An allocation of $80,000 was provided in the 2002-03 FY Parks Capital Improvement Program. Review of the composite revenue estimates for all fund sources of the Park Development Fund found that there is a current balance of $6,050,278. DISCUSSION: In August 2002 the City Council adopted the City's Budget and Annual Capital Improvement Program. The Utt Middle School Sports Field Lighting Project was included in the 2002-03 FY Capital Improvement Program. The original request for the Sports Field Lighting Project provided entering into a joint use agreement with the Tustin Unified School District to provide a reimbursement of up to $55,000. On October 21, 2002, the City Council amended the original request to increase the total project budget for the Utt Middle School Sports Field Lighting from $55,000 to $80,000. The Tustin Unified School District has resolved to proceed with the project and approved in concept the Joint Use Agreement. The Tustin Eastern Little League has provided the initiative to work closely with the two agencies to provide additional service hours for youth sports playfield availability. The City Attorney has reviewed the Joint Use Agreement and approved it as to form. January 21, 2003 Approval of JUA between TUSD & COT for Utt M.S. Sports Field Lighting Page2 Respectfully submitted, Director, Parks and Recreation Services Attachment JOINT USE AGREEMENT BY AND BETWEEN THE TUSTIN UNIFIED SCHOOL DISTRICT AND THE CITY OF TUSTIN This Joint Use Agreement for Utt Middle School Sports Fields ("Agreement") is dated as of __, 2003, by and between the Tustin Unified School District ("District"), a public school district duly organized and existing under the laws of the State of California, and the City of Tustin ("City"), a municipal corporation and public body. RECITALS WHEREAS, the District is the owner of the real property described in Exhibit "A" located in the City of Tustin and known as the Utt Middle School, including a sports field diamond and practice area ("District Facilities"), which are also capable of being used by the City for community recreational and educational purposes; and WHEREAS, the District and City desire to cause to be constructed sports field lighting on the District Facilities described in Exhibit "B" ("Sports Field Improvements"), which are capable of being used mutually and cooperatively by the District at its option for educational purposes and by the City for community recreational and educational purposes, in accordance with the public policy considerations provided for in Education Code Section 10900, et seq.; and WHEREAS, the City desires to use agreed upon portions of the District Facilities, including the Sports Field Improvements, for community recreational and educational purposes, and the District may desire to use the Sports Field Improvements for educational and recreational purposes; and WHEREAS, the City is willing to pay for a portion of the cost of the Sports Field Improvements; and WHEREAS, the District intends to submit to the City an invoice describing the scope of the work and specifications of the Sports Field Improvements; and WHEREAS, the City intends to reimburse the District for the Sports Field Improvements upon receipt of that invoice in an amount not to exceed eighty thousand dollars ($80,000.00); and WHEREAS, this Agreement is entered into pursuant to the provisions of Education Code Section 10900, et seq., which authorizes and empowers cities, counties, and school districts to cooperate with each other in providing, organizing, promoting, and conducting joint recreational and educational programs in their communities. 0639.7 1 1/13/03 NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein, the parties hereto agree as follows: AGREEMENT 1. Incorporation of Recitals and Exhibits The above-mentioned Recitals and all Exhibits incorporated into and are an effective part of this Agreement. referenced herein are 2. Term and Commencement This Agreement shall commence on ,2003, and shall continue for a period of nine (9) years, unless terminated sooner, as provided for hereinafter in Section 19 of this Agreement. This Agreement may be renewed for successive five (5) year terms. Such renewal shall be mutually agreed upon, unless this Agreement is terminated sooner, as provided for hereinafter in Section 19 of this Agreement, or at such time as the District Facilities are no longer used for educational and recreational purposes. 3. Design and Construction of Sports Field Improvements At its sole cost and discretion, the District shall retain a contractor who shall be responsible for the construction and installation of the Sports Field Improvements, which are more accurately described and delineated in Exhibit "B". The District will complete the design, construction, and installation of the Sports Field Improvements by June 1, 2003 in accordance with Exhibit B. The City, at its own cost, agrees to retain experts for the purpose of accomplishing photometric, light infusion, and other related studies, so as to avoid light spillage, if any, from the construction and use of the proposed Sports Field Improvements, and to cause to be prepared design and operating specifications for the construction and operation of the Sports Field Improvements more accurately described in Exhibit "B," which will avoid light spillage or interference with adjacent property owners' use and enjoyment of their property. The purpose of this condition is to require the City to cause to be prepared specification information so that the Sports Field Improvements can be designed, constructed, and operated in such a manner so as to not unreasonably intrude upon or effect the use or enjoyment of property adjacent to the District Facilities. 4. District Sports Field Improvement Costs The District shall pay for all costs incurred in connection with the design, construction, and installation of the Sports Field Improvements, including, but not I10639.7 2 1/1 3/03 limited to, preparation of design plans and specifications, electrical engineering and underground wiring, Department of State Architecture plan check submittal, inspection services, 10-year warranty program, and installation of a sports field lighting system. Thereafter, the District will submit to the City an invoice describing the scope of the work and specifications of the Sports Field Improvements. Upon receipt of the invoice, the City will reimburse the District for the cost of the Sports Field Improvements, in an amount not to exceed eighty thousand dollars ($80,000.00). 5. Facilities Covered The terms and conditions of this Agreement shall apply to joint use facilities. The term joint use facilities ("Joint Use Facilities") shall mean that portion of the District Facilities, together with the Sports Field Improvements, identified for joint use by and between the District and the City pursuant to this Agreement as specified in Exhibit "C," which the parties, by mutual agreement, may amend from time to time. 6. Acceptance of District Facilities and Sports Field Improvements The City and District have inspected the District Facilities and have mutually defined both the District Facilities and proposed Sports Field Improvements applicable to this Agreement, as set forth and delineated in Exhibits "A" and "B" respectively. 7. Scheduling Use of Joint Use Facilities From and after the date of this Agreement, District will maintain/continue to use its adopted applicable Facility Use Policies and Procedures in regard to City and public use of the Utt Middle School fields. 8. Termination/Reimbursement for Sports Field Improvements A, Except as provided otherwise herein, in the event this Agreement is terminated prior to the expiration of the term of this Agreement by the District, the District shall either reimburse the City for the Sports Field Improvements made to the District Facilities if District elects to keep and use the Sports Field Improvements or, in the alternative, the District may remove the Sports Field Improvements from the premises of the District Facilities, at the District's cost, within ninety (90) days of the termination of this Agreement. Bo In the event the City terminates this Agreement, the District shall not be required to reimburse the City for the Sports Field Improvements, and the District may remove the Sports Field Improvements from the premises of the District Facilities, at the District's cost. 110639.7 3 1/13/03 C, Any reimbursement by the District to the City pursuant to this section shall be based on the not to exceed portion of the City financial commitment to design and construct the Sports Field Improvements in accordance with the amortization schedule as set forth in Exhibit "D". D. Reimbursable Sports Field Improvements are those improvements delineated more accurately in Exhibit "B" for which the District shall reimburse to the City in accordance with this section. 9. Obligations of the City During the term of this Agreement, the City hereby covenants and agrees to the following: A. Surrender to the District possession of the Joint Use Facilities, including the Sports Field Improvements, upon the expiration of the term of this Agreement, and when surrendered, the City shall leave the Joint Use Facilities in as good order and condition as they were at the beginning of the term of this Agreement, less ordinary wear and tear. Bo Install separate metering devices for all electrical utilities necessary for construction, installation, and operation of the Sports Field Improvements. The City agrees to pay all electrical utility costs generated in connection with the construction, installation, and operation of the Sports Field Improvements, as measured by the aforementioned separate metering devices. All billings generated by the separate metering devices for all electrical utilities necessary for the construction, installation, and operation of the Sports Field Improvements shall be in the City's name, and shall be paid by the City directly. Co Allow the District to enter onto and make emergency repairs to the seeded field and turf area portions of the Joint Use Facilities, and the City agrees to reimburse the District for their prorated share of the cost of any such emergency repairs. D, Notify the District if custodial service is necessary during the hours that the City uses the Joint Use Facilities in order to keep such facilities in a neat, orderly, and sanitary condition at all times. The District shall invoice the City for custodial services related to the upkeep of the Joint Use Facilities at its normal and customary hourly rate for services rendered during the hours that the District custodial staff would ordinarily not be present (i.e., Saturdays, Sundays, and District holidays). The City shall pay such invoices within thirty (30) days of receipt. E. Allow no vehicles to enter upon the District Facilities grounds except as may be necessary and authorized for the limited purposes of 0639.7 4 1/13/03 maintenance, operation, and/or delivery, of goods for the Joint Use Facilities or in designated public parking lots. F. Appoint an employee/designee with whom the District, or any other authorized employee/designee of the District, may confer regarding the terms of this Agreement. O. Enforce all District rules, regulations, and policies while directing community recreation and educational activities on the Joint Use Facilities. Ho Provide appropriate City personnel necessary for the direction and supervision of community recreational and educational activities scheduled by the City on the Joint Use Facilities. If necessary, provide and maintain additional toilet facilities, at the City's cost, on the Joint Use Facilities in conjunction with special event activities scheduled by the City that may exceed the normal use of the Joint Use Facilities. The City shall locate such additional toilet facilities in Joint Use Facility areas designated by the District. Such additional toilet facilities shall be portable, mobile, and temporary. J, Permit the District to jointly use any specialized City equipment, vehicles, and/or services in connection with maintaining and operating the Joint Use Facilities. These equipment, vehicles, and/or services include, but are not limited to, aerial lifts, pump trucks, and other City equipment, vehicles, and services. The City shall provide operators for such equipment, vehicles, and services. 10. Obligations of the District During the term of this Agreement, the District hereby covenants and agrees to the following: A. Allow the City to lawfully and peacefully hold, use, occupy, and enjoy the Joint Use Facilities, as determined and scheduled by the District, in accordance with the mutual obligations, terms, and conditions set forth in this Agreement. B. With respect to all seeded field and turf areas located on the Joint Use Facilities, maintain at District cost, or cause to be regularly maintained as provided for in this Agreement, such areas in the following manner: verticut; aerify; overseed; fill holes; replace sod when needed; repair and/or replace broken sprinkler heads; and otherwise regularly maintain in good condition and in working order the Joint Use Facilities seeded field and turf areas. I10639.7 5 1/1 3/03 11. C. Appoint an employee/designee with whom the City, or any other authorized employee/designee of the City, may confer regarding the terms of this Agreement. D. Provide appropriate District personnel necessary for the direction or supervision of educational and recreational activities scheduled by the District on the Joint Use Facilities. E, Perform at its sole expense all required regular maintenance and upkeep on its own District Facilities as required under normal working conditions. Miscellaneous Ao The District shall have the right to make emergency repairs on any Sports Field Improvements within the Joint Use Facilities, and the City agrees to reimburse the District for the cost of such emergency repairs. Bo If any alterations, additions, or improvements to the Joint Use Facilities are destroyed by fire, war, earthquake, flood, storm, or other casualty beyond the control of the parties hereto, to such an extent that they cannot be restored to their previous condition within one hundred twenty (120) days after the casualty, the City shall have the option to restore the Sports Field Improvements to their condition as of the date of the casualty. In the event the City does not elect to perform such restoration, this Agreement may be terminated by the District, and the City, if requested by the District, in whole or in part shall remove all structures, improvements, and personal property from the Joint Use Facilities and return such facilities to its original condition, insofar as practical, unless otherwise mutually agreed. If the Sports Field Improvements are destroyed by any of the intervening causes enumerated above, and in the event they can be restored within one hundred twenty (120) days after the casualty, the City shall restore them as soon as reasonably possible and this Agreement shall continue in full force and effect. C. The City, and persons, groups, and/or organizations who use the Joint Use Facilities pursuant to permits issued by the City, shall have access to and be able to use the Utt Middle School parking lot and restrooms ("other District facilities") as agreed upon by the City and the District. The District shall ensure that during the times that the Joint Use Facilities are being used pursuant to permits issued by the City that these other District facilities are open and remain available for use. D. Joint Use Facilities closures due to, among other things, inclement weather, wet fields, renovations, normal maintenance, shall be monitored I10639.7 6 1/1 3/03 and closed by mutual consensus of the City and the District through their respective designees. 12. Liability and Indemnification A. The City shall indemnify, defend, and hold harmless the District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of City's negligence or willful misconduct, including the negligence or willful misconduct of its employees, contractors or agents, except those which arise out of the sole negligence or willful misconduct of the District. Bo The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of the District's negligence or willful misconduct, including the negligence or willful misconduct of its employees, contractors or agents, except those which arise out of the sole negligence or willful misconduct of the City. C. The City may require additional indemnification and liability coverage through third party sublease agreements. 13. Sublease The City may enter into sublease agreements with local nonprofit groups or organizations for recreational and educational uses of the Joint Use Facilities, subject to the District's consent. Such subleases are subject to and are deemed to incorporate by reference all provisions of this Agreement. Such subleases may not be for any purposes specifically denied by District policy. 14. Successor and Assiqns This Agreement, or any part thereof, may not be assigned by a party without the express written consent of the other party. If consent is so granted, all obligations and covenants made under this Agreement will bind and inure to the benefit of any successors and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. Any attempted assignment or delegation in derogation of this section shall be void. 15. Charges for Use of the Joint Use Facilities The City may charge program participants, including individuals, groups, organizations, and sublessees, scheduling use of the Joint Use Facilities during non- school hours a user fee or charge for such use. The purpose of this user fee or I10639.7 7 1/1 3/03 charge to program participants by the City is to provide the City with the ability to recover costs incurred in connection with scheduling use of the Joint Use Facilities and establishing related community recreational and educational programming. The City shall not charge the District for its use of the Joint Use Facilities either during school hours or for its use during non-school hours. Likewise, the District shall not charge the City for its use of the Joint Use Facilities. 16. Environmental Compliance The District and the City agree that the District shall act as the lead agency for purposes of compliance with the California Environmental Quality Act (CEQA). 17. Cooperation The District and the City shall mutually cooperate necessary to achieve the purposes of this Agreement. and take all actions 18. Notices Any notice or notices required or permitted to be given pursuant to this Agreement shall be personally served on the other party by the party giving such notice, or may be served by certified mail, postage pre-paid/return-receipt-requested at the following addresses: If to the City: City of Tustin Attn: Director of Parks and Recreation 300 Centennial Way Tustin, CA 92780 Attention: City Manager If to the District: Tustin Unified School District 300 South "C" Street Tustin, CA 92780 Attention: District Superintendent '19. Termi~nation Excepi as provided otherwise herein, this Agreement. may be terminated at any time during the term hereof by either party to this Agreement upon six (6) months written noticeito the other party. 20. Enfor(~ement In the event suit is brought by either party to enforce the terms and conditions of this Agreement, or to secure performance hereof, the prevailing party shall be entitled 110639.7 8 1 / 13/03 to recover re incurred and c 21. Third F The pa to benefit, an Agreement. F provided undE 22. Waive~ The w~ this Agreeme~ by it of any otl 23. Severa If any application th~ of competent Agreement, o force and effe 24. Mer_~e~ This incorporated District and supersedes such subject 25. Amen~ No adc Exhibits there formally appn 26. Exhibi This A, incorporated asonable attorneys' fees in connection therewith, in addition to costs ,ther costs permitted by law. 'arty Beneficiaries rties further agree that the provisions of this Agreement are not intended d shall not be enforceable by, any person or entity not a party to this ly entering into this Agreement, neither party waives any of the immunities ,r state or federal law. of Covenants or Conditions ~iver by one party of the performance of any covenant or condition under shall not invalidate this Agreement, nor shall it be considered a waiver ~er covenant or condition under this Agreement. bility term, covenant, condition, or provision of this Agreement, or the ;reof to any person or circumstance, shall to any extent be held by a court jurisdiction to be invalid, void, or unenforceable, the remainder of this the application thereof to any person or circumstance, shall remain in full :t and shall in no way be affected, impaired, or invalidated thereby. '/Inte.qration ~greement, together with any Exhibits attached hereto (which are herein by reference) fully expresses all understandings between the the City with respect to the subject matter of this Agreement and ~11 prior and contemporaneous understandings or agreement regarding Hatter. Iment ition to, modification, or alteration of, the terms of this Agreement or any to, whether written or verbal, shall be valid unless made in writing and ,ved and executed by both parties. ~lreement includes the following Exhibits that are attached hereto and are ~y reference as though fully set forth herein: 110639.7 9 1/13/03 Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" [title -"District Facilities" defined] [title- "Sports Field Improvements" defined] [title- "Joint Use Facilities" defined] [title- "Amortization Table"] IN WI'I' District and th Dated: APPROVED By: Date: District Dated: ATTEST: By: Date: City CI APPROVED By: qESS WHEREOF, this Agreement has been duly approved by both the Counsel ;rk ~,S TO FORM: City Altorney Date: 0639.7 ~,S TO FORM: ,2003. DISTRICT: TUSTIN UNIFIED SCHOOL DISTRICT By: Superintendent CITY: CITY OF TUSTIN By: TRACY WILLS WORLEY, Mayor 10 1/13/03 City, and is executed this__ day of FALV, I:)U'i'H DRIV[ ROAD' ·" EXHIBIT A BROWNING AVENUE P£CAhl LAN[ .RANCH- R'OAD PARKEENTER ,ANE .. ,0'0/ I ° EXEt]BIT B. 1 3EB © · 0 ~ 00~ · EXHIBIT B.2 ,Jr ~2 -.,o bm 0>00~ 0 O0 · I'l o -~--- EXHmIT B.3 Lrl (.,'-I f-- N .t) m EXHIBIT B.4 _ ~ ' ~0' ~' ,0'~ ~ q ' ~ · . I ~ ,O'OZ ~ o m o X~ ~ ~ - ~ ~ ~ ...... ~ ~.~ .... m ~ ~ .~R+~~-°~-' ~'- " · - o~aa~ ?~-< ~ ~ m-.~ ~ ~ ~ o o o z~ ~ ~r" ~O~N ~Z ~o ~ ~ ~ = ,~ mo. m ~ ~ ~ 5~=o ~ < ~ o · . EXHIBIT C , PARi(r'FN'i~R iROWNING AVENUE ' ~ .. TU~TIN .RANCH' R°AD r .AMORTIZATION SCHEDULE Date (open) Opening Confibution Total Year Ending 12/31/03 Total year Ending 12/31/04 Totai Year Ending .. ,. Total Year' Ending Total Year Ending 12/31/05 12/31106 12/~1/07 Total Year Ending !2/31/08 .. Total Year Ending 17J31109 .. ~g[tal Year Ending 12/31/10 ;', ....t ;' .. .' ," To~.[ y ea~ Ending ,1'2/31/11 ' · . · Nine. ~.~.Oa~ amoffizafion .;. Principal Balance 80,000.00 72,000.0O ,ooo.oo 5e,ooo.oo ,48,000.00 40,0o0.00 32,000.00 24.000.00 'i6,000.00 8ooo 0.00 EXHIBIT D