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Home My WebLink AboutReso. 1988-245 - Approving the joint use agreement between the city of redding and enterprise school district • III i RESOLUTION NO. es• '„) ,/S" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE JOINT USE AGREEMENT BETWEEN THE CITY OF REDDING AND ENTERPRISE SCHOOL DISTRICT COVERING THE PARSONS JUNIOR HIGH SCHOOL SOCCER FIELD, EFFECTIVE JUNE 1 , 1988 , 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 Enterprise School District covering the Parsons Junior High School Soccer Field, effective June 1 , 1988 , 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 5th day of July , 1988 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS: None I (/ /4/ / j . , , / AL:/: / :":"!-Z"e ‘'t K. MAURICE JOHANNESSEN, Mayor City of Redding ATTEEESS�TT: /�/ �► FOR, PPROVVEEJD' : ETHEL A. NICHOLS , City Clerk RA 'ALL A. HAYS , City Attorney ti4 NJ 4 s JOINT USE AGREEMENT PARSONS JUNIOR HIGH SCHOOL SOCCER FIELD THIS AGREEMENT, effective June 1 , 1988 , is made and entered into by and between the CITY OF REDDING, hereinafter called "CITY, " and ENTERPRISE SCHOOL DISTRICT, hereinafter called "DISTRICT. " WITNESSET H: 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 into a joint use agreement to renovate the existing Parsons Junior High School football field and convert it into a lighted soccer field; and WHEREAS, the cost to fully renovate the football field and convert it into a lighted soccer field is estimated at $109 , 000 .00 or less , of which DISTRICT is willing to contribute 50% of the cost thereof, or a maximum of $54 ,500 . 00 , whichever is the lesser amount; and • . , WHEREAS, CITY and DISTRICT wish to jointly use the soccer field facility, as hereinafter set forth; NOW, THEREFORE, the parties hereto agree as follows: 1 . Construction of Lighted Soccer Field. It is agreed by DISTRICT that CITY shall cause the current Parsons Junior High School football field to be renovated and converted into a lighted soccer field, hereinafter called "FACILITY. " 2 . Design. CITY shall be responsible for the design and construction of the FACILITY; however, DISTRICT shall be consulted and shall have the opportunity to express its views on the design and renovation of the FACILITY. The FACILITY shall 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. Construction of the FACILITY shall be the responsibility and obligation of CITY. CITY shall secure competitive bids for and enter into all contracts for the renovation of the FACILITY. Change orders shall be approved by CITY. CITY shall consult with DISTRICT concerning other than routine change orders. 4 . Cost of FACILITY. CITY shall pay the cost of constructing the FACILITY, except for DISTRICT' s contribution as set forth in paragraph 5 of this Agreement. 5 . Payment by DISTRICT. As consideration for DISTRICT' s use of the FACILITY as set forth herein, DISTRICT shall pay CITY -2- • 50% of the cost of renovating the football field and converting it into a lighted soccer field, or a maximum of $54 , 500 . 00 , whichever is the lesser amount, to be paid to CITY as follows: (a) $27 , 250 .00 when the CITY' s Public Works Department certifies that the FACILITY is 50% complete; and (b) the balance of DISTRICT' s 50% contribution to the FACILITY, or a maximum of $27 ,250 .00, whichever is the lesser amount, when the CITY' s Public Works Department certifies that the FACILITY is 95% complete. 6 . Ownership of FACILITY. Title to the FACILITY shall be held by DISTRICT. 7 . Use of FACILITY by DISTRICT. DISTRICT shall utilize the FACILITY during all hours except on weekdays after 6 :00 p.m. , and except Saturdays and Sundays. 8 . Use of FACILITY by CITY. Each year during the term of this Agreement, CITY shall utilize the FACILITY during the following hours : Evenings, Monday through Friday, from 6 : 00 p.m. on; and all day on Saturdays and Sundays . 9 . Scheduling. To the extent possible, a schedule of events shall be agreed upon annually, prior to August 1 of each year, by the CITY' s Director of Recreation and Parks and the Parsons Junior High School Principal , or their designated representative. Each party shall be responsible for scheduling the FACILITY during the time that it has use of the FACILITY. Each party shall cooperate with the other in scheduling -3- • flexibility in order to accommodate special requests outside the normal hours of use. 10 . 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. 11 . 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 lighting system repair. However, with regard to the lighting system maintenance and repair, DISTRICT shall first advise CITY of the proposed maintenance or repair; consult with CITY regarding the proposed maintenance or repair; and then perform or have performed the proposed work. At the end of each fiscal year, DISTRICT shall invoice CITY for CITY' s share of said costs, calculated in proportion to CITY' s use of the night-lighting system. CITY hereby agrees to pay its proportionate share of the costs of the lighting system maintenance and repair. 12 . CITY' s share of Utilities . With regard to CITY' s use of the FACILITY as set forth in paragraph 7 hereof, CITY hereby agrees to pay DISTRICT for CITY' s share of the electric utility for the operation of the night-lighting system during CITY' s hours of use. DISTRICT to invoice CITY at the end of each fiscal _year for CITY' s share. -4- • 13. 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, agents, employees 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. 14 . 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 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. 15 . Liability Insurance Upon Completion. CITY and DISTRICT shall each separately insure their respective liability occasioned by the use of the FACILITY. -5- • i 16 . Term: This Agreement shall be effective from June 1 , 1988 , through May 31 , 2008 , and may be extended by mutual agreement of the parties , in writing. 17 . Amendments. The parties hereto shall annually review this Agreement, and make such written amendments as may be appropriate. 18 . 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, certified mail, postage prepaid, addressed as follows: CITY: City Manager City of Redding 760 Parkview Avenue Redding, California 96001-3396 DISTRICT: Superintendent Enterprise School District 1155 Mistletoe Lane Redding, California 96002 . 19 . Time of Essence. Time is of the essence of this Agreement, as the parties hope to utilize the FACILITY in September of 1988 . 20 . CEQA. It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the CITY OF REDDING and ENTERPRISE SCHOOL DISTRICT have executed this Joint Use Agreement, effective -6- III • June 1 , 1988 , in the presence of their respective officers duly authorized in that behalf on the day and year set forth below. CITY OF REDDING Dated: , 1988 By: K. MAURICE JOHANNESSEN, Mayor ENTERPRISE SCHOOL DISTRICT Dated: tQ ? , 1988 By: htnca) President, Board of Education By: - Supern,,ende t ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney -7-