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Home My WebLink AboutReso. 1989-144 - Approving the joint use agreement between the city of redding and buckeye schoolI' • • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE JOINT USE AGREEMENT BETWEEN THE CITY OF REDDING AND BUCKEYE SCHOOL DISTRICT COVERING THE BUCKEYE JUNIOR HIGH SCHOOL FOOTBALL/SOCCER FIELD, EFFECTIVE FEBRUARY 1 , 1989 , AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Joint Use Agreement between the City of Redding and the Buckeye School District covering the Buckeye Junior High School Football/Soccer Field, effective February 1 , 1989 , a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Joint Use Agreement on behalf of the City Council of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of May , 1989 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Buffum, Dahl , Fulton, Johannessen and Carter NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS: None j›<54/ dVI-A 1, I SCOTT CARTER, Mayor City of Redding ATTEST: / !� O'u ' PPROVED: _ /� 0, E EL A. NICHOLS, City clerk * ANDALL A. HAYS , ity Attorney by Connie Strohmayer, Assistant RI 1II .. . • �{ C i I JOINT USE AGREEMENT Il BUCKEYE ELEMENTARY SCHOOL FOOTBALL/SOCCER FIELD j f � I THIS AGREEMENT, effective February 1 , 1989 , is made and entered into by and between the CITY OF REDDING, hereinafter I ` called "CITY, " and BUCKEYE SCHOOL DISTRICT, hereinafter called "DISTRICT. " 1 I WITNESSETH: WHEREAS, California Education Code Sections 10900 et seq. authorize cities and school districts to cooperate with each other and to enter into agreements for the purpose of authorizing, promoting, and conducting programs for community recreation which will contribute to the attainment of general educational and recreational objectives for children and adults; and WHEREAS, it is the desire of the parties hereto to enter tlll into a joint use agreement to make improvements to the existing Buckeye Elementary School football/soccer field, namely modification of the irrigation system and improvement of the � I field drainage; and II WHEREAS, it is estimated that the cost to make said improvements will not exceed $30 ,000 . 00, and that CITY has agreed to pay 100% of the cost thereof; and EI I �I I I le S• Ii WHEREAS, CITY and DISTRICT wish to jointly use the football/soccer field facility, as hereinafter set forth; NOW, THEREFORE, the parties hereto agree as follows: 1 . Improvements to Football/Soccer Field. It is agreed by DISTRICT that CITY shall cause improvements to be made to the current Buckeye Elementary School football/soccer field (hereinafter called "facility") , as follows: - modifications to the existing irrigation system, and - improvements to the inadequate drainage system (hereinafter called "improvements") . 2 . Design. CITY shall be responsible for the design of said improvements; however, DISTRICT shall be consulted and shall YI have the opportunity to express its views on the design of the improvements to be made to said facility. The facility shall ii meet the requirements of the Office of the State Architect and the State Department of Education pursuant to California Education Code Sections 39100 et seq. 3 . Bidding and Construction of Improvements . The /1 improvements to be made to said facility shall be the Mj responsibility and obligation of CITY. CITY shall secure PU competitive bids for and enter into all contracts for the improvements to said facility. Change orders shall be approved by CITY; CITY shall consult with DISTRICT concerning other than routine change orders. p 1, -2- I I I II 4 111 9 , 4 . Ownership of Facility. Title to the facility shall continue to be held by DISTRICT. 5 . Use of Facility by DISTRICT. DISTRICT shall utilize [ the facility during all hours except on weekdays after 5 : 00 p.m. , and except Saturdays and Sundays. 6 . Use of Facility by CITY. Each year during the term of this Agreement, CITY shall utilize the facility during the i ,i following hours: Evenings, Monday through Friday, from 6 : 00 p.m. on; and all day on Saturdays and Sundays. 7 . Scheduling. To the extent possible, a schedule of events shall be agreed upon annually, prior to August 1 of each i year, by the CITY' s Director of Recreation and Parks and the Buckeye Elementary School Principal, or the designated representative of each. CITY and DISTRICT shall each be 6i 4 responsible for scheduling the facility during the time that it I ! has use of the facility; and each party shall cooperate with the other in scheduling flexibility in order to accommodate special requests outside the normal hours of use. 8 . Security. CITY shall maintain security for the facility during the times that it is using the facility; at all other times security shall be the responsibility of DISTRICT. 111 9 . Maintenance and Repair of Facility. DISTRICT shall be responsible for and pay all maintenance costs and repairs of the facility, including, but not limited to, the turf, mowing, fertilizing, watering, irrigation, and drainage. " I -3- 411 411 CITY and DISTRICT shall share equally excessive costs relative to vandalism or over use associated with the r � CITY-sponsored soccer program. 10 . Hold Harmless by DISTRICT. DISTRICT covenants and agrees that CITY shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with DISTRICT' s use of the facility, including claims of DISTRICT, its officers, � employees, ees a ents em to g , and students. DISTRICT shall indemnify and save harmless CITY, its officers, agents, and employees, from any and all liability, loss , cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of DISTRICT or its officers, agents, employees, and students. 11 . Hold Harmless by CITY. CITY covenants and agrees that DISTRICT shall be free from any and all liability and claims for damages for personal injury, death, or property damage in any way connected with CITY' s use of the facility, including claims of CITY, its officers, agents, and employees. CITY shall indemnify Fi and save harmless DISTRICT, its officers, agents, employees, and students, from any and all liability, loss, cost, or obligation on account of or arising out of any such injury, death, or loss caused by the negligence or other legal fault of CITY or its officers, agents, and employees. � I -4- • 411 • /I 12 . Liability Insurance. CITY and DISTRICT shall each separately insure their respective liability occasioned by the use of the facility. 13 . Term: This Agreement shall be effective from February 1 , 1989 , through May 31 , 2008 , and may be extended by 11 1 mutual agreement of the parties, in writing. 14 . Amendments. The parties hereto shall annually review this Agreement, and make such written amendments as may be appropriate. 15 . Notice. Any notices or demands that may be given by either party hereunder shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, li certified mail , postage prepaid, addressed as follows: CITY: City Manager City of Redding 760 Parkview Avenue Redding, California 96001-3396 DISTRICT: Superintendent !I Buckeye School District ii 3407 Hiatt Drive Redding, California 96003-1251 . 16 . Time of Essence. Time is of the essence of this Agreement, as the parties hope to utilize the facility in September of 1989 . " 17 . CEQA. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. -5- IN WITNESS WHEREOF, the CITY OF REDDING and BUCKEYE SCHOOL DISTRICT have executed this Joint Use Agreement, effective February 1 , 1989 , in the presence of their respective officers duly authorized in that behalf on the day and year set forth below. CITY OF REDDING Dated: , 1989 By: , Mayor { �I BUCKEYE SCH OL DISTRICT A Dated: March 28, d , 1989 By: President, Board of Educatrion �j / /1By: � 7 Charles Menoher, Ed. D. Superintendent 4 ! pI ATTEST: ETHEL A. NICHOLS , City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -6-