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HomeMy WebLinkAbout13 TUSD GRADNG AG 09-19-94oATE: September 14, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT GRADING AND STORM DRAIN AGREEMENT WITHTUSTINUNIFIED SCHOOL DISTRICT FOR TUSTIN SPORTS PARK ON: Approve the Grading and Storm Drain Agreement and License between the City of Tustin and Tustin Unified School District for the Tustin Sports Park. No fiscal impact is anticipated for initial construction. The School District's contractor is to perform all work. Some cost to the City could be necessary if the storm drain is moved. However, the City's responsibility for this potential expense diminishes over time. The City is responsible for 100% of relocation expense the first year after installation. This percentage diminishes to zero after five years. At this time the School District is responsible, one time only, for 100 percent of the relocation expense. BACKGROUND: Tustin Sports Park is located adjacent to an elementary school site. The School District is in the initial stages of construction for the school. Plans for the park and school have been carefully coordinated. In fact, the same civil engineer worked on the designs for the park and school. During the planning for both facilities, there was concern expressed that the landscapes for both sites blend together. When construction documents were drafted, it was determined that allowing the School District to rough grade the easterly boundary to the meandering sidewalk would best accomplish the blended landscapes. The design process also determined that it would be most efficient to connect the school's storm drain to a storm drain in the park. This Agreement and License provides for the storm drain and rough g~ ~bove. Susan M. Jones Recreation Superintendent AGREEMENT FOR ROUGH GRADING, INSTALLATION AND MAINTENANCE OF A STORM DRAIN This Agreement is made and entered into as of the __ day of September, 1994, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter the 'CITY~), and the TUSTIN UNIFIED SCHOOL DISTRICT, a public entity (hereinafter the ~SCHOOL DISTRICT"). WHEREAS, CITY is the owner of the property located at 12850 Robinson Avenue, Tustin, California (hereinafter the "Park Site") upon which CITY intends to construct a sports park; and WHEREAS, SCHOOL DISTRICT is the owner of the real property located at the northeast comer of Robinson Avenue and Keller Drive, Tustin, California (hereinafter the 'School Site") upon which SCHOOL DISTRICT intends to construct a school; and WHEREAS, the School Site is immediately adjacent to the Park Site; and WHEREAS, certain grading and storm drain work (hereinafter the "Project") on the Park Site near the property line of the School Site is necessary to facilitate the construction of the school. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. GRANT OF LICENSE. CITY agrees to grant unto SCHOOL DISTRICT and its contractors and agents (collectively referred to as "DISTRICT'S Persons") a license in the form attached hereto as Exhibit "A" mad incorporated by this reference (the "License") for the installation and maintenance of a storm drain. The License is subject to CITY's absolute right of cancellation and right to require relocation of the storm drain if the Project Area is needed by CITY for other uses, subject to the following: A. If CITY requires relocation of the storm drain within one year of completion of installation, CITY shall bear 100% of the cost of relocation. B. If CITY requires relocation in the second year after completion, CITY shall bear 75 % of the cost of relocation. C. If CITY requires relocation in the third year after completion, CITY shall bear 50% of the cost of relocation. D. If CITY requires relocation in the fourth year after completion, CITY shall bear 25 % of the cost of relocation. E. If CITY requires relocation during or after the fifth year after completion of the storm drain ins~lation, CITY has a one time fight to require SCHOOL DISTRICT to bear 100/% of the cost of relocation. F. The amount and nature Of the cost of relocation in each instance shall be subject to good faith negotiation and mutual agreement of the parties. G. In the event the City requests relocation, CITY shall cooperate to provide SCHOOL DISTRICT with an alternative license area. 2. DESCRIPTION OF PROJECT. The Project shall consist of the following activities which shall be constructed consistent with SCHOOL DISTRICT' s Precise Grading Plan dated June 6, 1994, and Sheet 5 of 5 of CITY's Precise Grading Plan: A. SCHOOL DISTRICT shall cause that portion of property between the easterly property line of the School Site and the meandering sidewalk on the Park Site shown on Exhibit "B" attached hereto to be rough graded. CITY gives SCHOOL DISTRICT permission to undertake such rough grading on the Park Site. The rough grading ranges from zero inches to approximately two feet in depth. The rough grading shall be completed at no cost to CITY. CITY shall be responsible for finishing grading, landscaping, irrigation and maintenance of this area at no cost to SCHOOL DISTRICT. B. SCHOOL DISTRICT shall cause the construction of a ten inch P.V.C. storm drain near the property line of the School Site and Park Site adjacent to Keller Drive. The storm drain line will run approximately sixty (60) feet in length and connect to the existing concrete manhole on the Park Site. SCHOOL DISTRICT will backfill and compact the soil along the storm drain line to ninety percent (90%) at no cost to CITY. CITY shall be responsible for finishing grading, landscape, irrigation and paving work at no cost to SCHOOL DISTRICT. C. The parties agree to coordinate the scheduling of the work required by paragraphs A. and B., above. 3. TERM. For purposes of authorizing the rough grading at the Park Site, this Agreement shall be effective upon approval by SCHOOL DISTRICT. The License shall not be effective until approval by CITY. 4. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS A. SCHOOL DISTRICT shall indemnify, defend and hold CITY, and CITY's officers, employees and agents, harmless from and against an), and all alleged claims or actions for money or damages including claims or actions by CITY, and including personal and bodily injury and property damage alleged to be caused by the negligent acts or omissions of SCHOOL DISTRICT or DISTRICT's Persons in the design, grading and construction of the Project and maintenance of the storm drain. B. Except as provided in A., above, SCHOOL DISTRiCT shall assume no responsibility for maintenance of the Park Site after the Project has been completed by SCHOOL DISTRICT. 5. MISCELLANEOUS 5.1 Intemretations: Governing Law. This Agreement is the result of negotiations between the parties hereto and shall be construed according to its fair meaning. The Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine, or neuter gender in the singular or plural number, shall each be deemed to include the others whenever the context so dictates. 5.2 N9 waiver. No delay or omission by either party in exercising any right or remedy accruing upon the compliance or failure of performance by the other party shall impair any such right or remedy, or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 5.3 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereof, and in each such instance executed on behalf of each party hereto. 5.4 Severability. If any term, covenant, condition or provision of this Agreement is held by a court of competent.jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated hereby. 5.5 Merger of Prior Agreement and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 5.6 Executign in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that :all parties are not signatories to the original or the same counterpart. 5.7 Notices. Any notice which either party may desire to give to the other party must be in writing and may be given by personal delivery or by mailing the same by first class mail, postage prepaid, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate. Notice shall be deemed given and served upon delivery if delivered personally, or three (3) calendar days after deposit in the United States MaiI. TO SCHOOL DISTRICT: Tustin Unified School District 300 South C Street Tustin, California 92680 Attention: Donna Burr, ~ ~ Facilitator, Administrative Services TO CITY: City of Tustin 300 Centennial Way Tustin, California 92680 Attention: Randy Westrick Recreation Supervisor IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TUSTIN UNITED SCHOOL DISTRICT (SCHOOL DISTRICT) Approved as to Form: PARKER, COVERT & CHIDESTER By: Doug- . o ...las N Ye6man By: CITY OF TUSTIN (CITY) By: Title: Approved as to Form: ,9 City Attorney M~.B:mj:TUS.AGR -' AGREEMEN' {IBIT "A" LICENSE AGREEMENT THIS LICENSE AGREEMENT, is made this __ 1994, by and between the: day of AND CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "CITY"); TUSTIN UNIFmD SCHOOL DISTRICT, (hereinafter referred to as "SCHOOL DISTRICT"). RECITALS WHEREAS, CITY owns real property located at 12850 Robinson Avenue, Tustin, California, upon which CITY intends to construct a sports park (hereinafter "Park Site"); and WHEREAS, SCHOOL DISTRICT desires to utilize a pon/on of the Park Site for the installation and maintenance of a storm drain; and WHEREAS, pursuant to the Agreement for Rough Grading, Installation and Maintenance of a Storm Drain between the parties (the "Agreement), CITY has agreed to grant SCHOOL DISTRICT a license for the installation and maintenance of the storm drain. IN CONSIDERATION of the mutual promises and covenants contained herein and pursuant to the Agreement, the parties agree as follows: AGREEMENT 1. ~ CITY hereby grants to SCHOOL DISTRICT a License to use the real property more particularly described in Exhibit "A" and incorporated herein by this reference (the "License Area"). The purpose of this License is to allow SCHOOL DISTRICT to install and maintain a storm drain. Such Lice,. ~s subject to CITY's absolute fight (. ~cellation, and fight to require relocation of the storm drain if the License Area is needed by CITY for other uses subject to the following: A. If CITY requires relocation of the storm drain within one year of completion of installation, CITY shall bear 100% of the cost of relocation. B. If CITY requires relocation in the second year after completion, CITY shall bear 75 % of the cost of relocation. C. If CITY requires relocation in the third year after completion, CITY shall bear 50% of the cost of relocation. D. If CITY requires relocation in the fourth year after completion, CITY shall bear 25 % of the cost of relocation. E. If CITY requires relocation during or after the fifth year after completion of the storm drain installation, CITY has a one time right to require SCHOOL DISTRICT to bear 100% of the cost of relocation. F. The amount and nature of the cost of relocation in each instance shall be subject to good faith negotiation and mutual agreement of the parties. G. In the event any request for relocation is made by CITY, CITY shall cooperate to provide SCHOOL DISTRICT with an alternative license area. 2. Construction Resoonsibilities reference. 3. reference. The provisions of Section 2 of the Agreement are incorporated herein by this Indemnific,.atipn, Defense and Hold Harmless The provisions of Section 4 of the Agreement are incorporated herein by this -2- IN WITNESS WHEREOF, this License Agreement has been executed in the names of the respective parties, by their duly authorized officers, and as of the date and year first above written. "CITY" CITY OF TUSTIN By:. Thomas R. Saltarelli Mayor ATTEST: By:. City Clerk APPROVED AS TO FORM: CITY ATTOR_N~Y Lois E. Jeffrey~ "SCHOOL DISTRICT" APPROVED AS TO FORM: PARKER, COVERT & CHIDESTER TUSTIN UNIFIED SCHOOL DISTRICT -3- LICENSE EXH~=T "A" - A PORTION OF LAND O%'kiK PARCEL 2 OF PA/RCEL M2~P NO. 88-316, IN THE CITY OF TUST!N, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 26~,' PAG'2 45, OF MAPS, RECORDS OF SAID COUh~fY. THE CENTERLiNE BEING DESC~RIBED AS FOLLOWS: BEGINIWING AT ThE MOST SOUTHEIRLY COP~NER OF PARCEL ! OF PA/~CEL .MAP NO. 88-316, IN THE CITY OF TUSTIN, COI/NTY OF ORANGE, STATE OF CALIFORNIA, RECORI)~--D iN BOOK 262, PAGE 45 OF M3~PS, RECORDS OF SAID COUNTY; Ttt~LNCE S 49'18'59" E 60.12 feet; THENCE N 40'41'01" E 17.70 feet; TH!~CE l~ 49'18'59" W 57.77 feet; THENCE S 48'15'08" W !7.85 feet TO TEE POINT OF BEGIh~NING. AT,T, AS MOILE PARTICULARLY S~OWN OF EXHIBIT "B" ATTACHED P~LETO AND .MADE A PART HEREOF. " b LICENSE EXHIBIT "B" TUSTIN RANCH SPORTS PARK ~,~/ -% /%,,.../ 9~'d ~o~ AGREEMEN~ ~XHIBIT "B"