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HomeMy WebLinkAboutReso. 1986 - 040 - Approving a joint use agreement between the city of redding and the enterprise school district for the construction of a gymnasium on the parsons juinor high school li tl RESOLUTION NO. 36- go A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF REDDING AND THE ENTERPRISE SCHOOL DISTRICT FOR THE CONSTRUCTION OF A GYMNASIUM ON THE PARSONS JUNIOR HIGH SCHOOL SITE, AND AUTHORIZING THE CITY MANAGER TO SIGN SAME. II BE IT 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 for the construction of a gymnasium on the Parsons Junior High School Site; and 2 . That the City Manager of the City of Redding is hereby authorized and directed to sign all necessary documents) on behalf of the City of Redding, and the City Clerk is hereby )authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate; and 3. That a true copy of the Joint Use Agreement Deferred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at an/ret uard meeting of the City Council of 7 P • • the City of Redding on the 20th day of February , , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Pugh, & Gard NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kirkpatrick ABSTAIN: COUNCIL MEMBERS: None ��4A GO_��.Ali ,i4A0 BARBARA ALLEN GARD, Vice Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM PROVED: G cc.e&e a. ,z 2_ 1 RAN ALL A. HAYS , City Attorney I -2- • • { JOINT USE AGREEMENT THIS AGREEMENT is made and entered into by and between .the ENTERPRISE SCHOOL DISTRICT (hereafter "DISTRICT" ) and the CITY OF REDDING (hereafter "CITY") o WHEREAS , California Education Code Sections 10900 et seq. authorize cities and school districts to cooperate with each other and 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; WHEREAS , DISTRICT has space on its Parsons Junior High School Site for the construction of a gymnasium whichlwould serve the educational and recreational needs of both children and adults in the community; WHEREAS , the construction of the gymnasium 'would cost approximately $600 ,000.00; • WHEREAS , CITY is willing to contribute $200,000.00 and the total cost of providing handicapped restrooms toward the cost of construction of the gymnasium; WHEREAS, DISTRICT and CITY are prepared to share equally the cost of maintaining the gymnasium; and WHEREAS , DISTRICT AND CITY wish to jointly use the gym- nasium; NOW, THEREFORE, the parties agree as follows: 1. Construction of Gymnasium . DISTRICT shall cause a gymnasium and related structures (hP_eafter "PROJECT" ) to be designed and construrt.ad on the Parsons Junior High School site. -1- . II ' The PROJECT shalSonsist of a structure oepproximately 9,000 square feet containing a gymnasium, storage space , a lobby and , provided CITY furnishes the necessary funding, handicapped restrooms. 2. Design and Building. DISTRICT shall be responsible for the design and construction of the PROJECT; however, CITY shall be consulted and shall have the opportunity to express its views on the design and construction of the PROJECT. PROJECT shall meet the requirements of and be approved by the Office of the State Architect and the State Department of Education pursuant to California Education. Code Sections 39100 et seq. 3. Environmental Quality. DISTRICT and CITY shall comply with all applicable environmental quality laws and requirements. DISTRICT and CITY shall cooperate with each other in all efforts to meet the necessary statutory requirements. Compliance with all environmental requirements shall be accomplished prior to the award of a construction contract. 4. Bidding and Construction . Construction of the PROJECT - shall be the responsibility and obligation of DISTRICT. DISTRICT shall secure competitive bids for the PROJECT and enter into all construction contracts . Change orders shall be approved by the DISTRICT. DISTRICT shall consult with CITY concerning other than • o l routine change orders. 5. Cost of the Project . DISTRICT shall pay the cost of constructing the PROJECT except for CITY' S obligation as set forth in Sections 1 and 6 of this Agreement. 6. Payment By City. As consideration for the CITY's use of PROJECT as set forth herein, CITY shall contribute $200 ,000 and the total cost of building handicapped restrooms toward the construction of OJECT. Payments shall be made to DISTRICT in four (4) equal installments. The first installment shall 'be paid when the architect for the PROJECT certifies that the ii PROJECT is twenty-five percent ( 25% ) complete . The second installment shall be made paid upon certification by the archi- tect that the PROJECT is fifty percent (50%) complete The third installment shall be paid when the architect certifies that the PROJECT is seventy-five percent ( 75% ) complete . The final payment shall be made when the architect certifies that the PROJECT is ninety-five percent (95% ) complete. 7. Termination of Project . In the event that PROJECT is cancelled, CITY shall have no obligations under this Agreement. 8 . Ownership of Gymnasium. Title to the PROJECT, including the underlying land, shall be held by DISTRICT. 9. Property Insurance Upon Completion . DISTRICT shall obtain fire and multi-peril insurance covering the PROJECT. The cost of such coverage shall be shared equally by DISTRICT and CITY. DISTRICT shall be named the loss payee under such • insurance. Should the PROJECT suffer a loss which results in recovery and payment to DISTRICT under this insurance coverage, DISTRICT shall use such funds to repair or rebuild the PROJECT to its condition precedent to the event which occasioned the loss. 10. Liability Insurance Upon Completion. DISTRICT and CITY shall each insure separately their respective liability occasion- ed. by the use of the PROJECT. 11. Joint Use of PROJECT. A. Use By DISTRICT. DISTRICT shall utilize the • PROJECT nn rn four (4) weekdays from 8 :00 a.m. to 6 00 p.m. and from 8 : 00 a.m. to 7 : 00 p.m. on the fifth ( 5th) weekday -3- ilk• during the foil/ ( 40 ) weeks of the re ar schoolY ear. . .. During the time that summer school is in session DISTRICT shall utilize the PROJECT from 8 :00. a.m. to 1:00 p1.m. Monday through Friday. DISTRICT shall also have use Of the PROJECT for six ( 6 ) mutually agreed-upon weekends and twelve (12) mutually agreed-upon evenings. B. Use By CITY. CITY shall have use of the PROJECT from the conclusion of DISTRICT' S use ( 6 : 00 p.m. or 7:00 p.m. as set forth above ) until 11: 00 p.m. on weekdays and - for eight ( 8 ) hours each on Saturday and Sunday during the regular school year. When summer school is in session, CITY shall have the use of the PROJECT Monday through Friday from 1 :00 p.m. to 11 : 00 p.m. and for eight ( 8 ) hours each Saturday and Sunday. i _. C. Scheduling. To the extent possible, a schedule of events for the year July 1 through June 30 will be developed annually. A representative of each party shall be designat- ed to periodically review and update the schedule . The • schedule shallinclude a week each year during which the PROJECT will be closed for refurbishing. Each partyishall be responsible for scheduling the PROJECT during the time that it has use of the PROJECT. . D. Handicapped Restrooms . CITY shall have primary use of the handicapped restrooms. DISTRICT shall have use of the handicapped restrooms upon special request to the CITY. E. Locker Room. DISTRICT shall have primary use of the_ locker room. CITY shall have use of the locker room . upon 2 s�ecial request :.to DISTRICT.f . ; . . 1.ttr... • ....4- •.. F. St ge S ace. Storage spac .onstructed as part • of the PROJECT shall be equally divided. Eachlparty shall have exclusive access to its storage space. G. Security. CITY shall maintain security for the PROJECT during the time that it is using the PROJECT. Security at all other times shall be the responsibility of the DISTRICT. 12. Acquisition and Replacement of Equipment. The cost of acquiring equipment costing in excess of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) shall be shared equally by the parties. The parties shall from time to time agree on the need to acquire and/or replace such equipment. Equipment costing less than Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) shall be purchased and stored by each party. 13. Cost of Utilities . The cost of utilities shall be shared equally. 14. Maintenance and Repair of PROJECT. - A. Custodial Services . DISTRICT shall be responsible for custodial services for the PROJECT, including the handicapped restrooms. Provided that the handicapped restrooms are constructed , ICITY shall annually reimburse DISTRICT for twenty per cent ( 20% ) of the custodian' s salary including benefits ; if the handicapped restrooms are not built , CITY shall reimburse DISTRICT for ten percent ( 10%) of the custodian'salary including benefits. B. Routine Repairs . Routine repairs shall be undertaken by DISTRICT. The parties shall share equally the cost of such repairs. • � .5- C. •ajor Repairs. Repairs sting in excess of Two Thousand and 00/100 Dollars ( $2 ,000.0'0) shall be undertaken by DISTRICT only with the approval of CITY. DISTRICT and CITY shall share equally the cost of such approved repairs. D. Maintenance Materials and Supplies. The cost of maintenance materials and supplies shall be shared equally by the parties. E. Vandalism. The cost of repairs ,due to vandalism to the extent not covered by insurance, shall be shared equally by the parties; however, if it is established that an act of vandalism occurred during the use of the PROJECT by one party, that party shall pay the full cost of repairs to the extent they are not covered by insurance. F. DISTRICT To Bill CITY. DISTRICT shall bill CITY quarterly for the CITY' S share of the costs authorized by the Agreement. 15. Term. This Agreement shall be effective from September 1 , 1985 to August 1 , 2005 , and may be extended by mutual agreement. 16. Amendments . The parties shall annually review this Agreement and make such written amendments as may be appropriate. -6m ENTERPRISE SCHO•DISTRICT • Bye ��President V " rd o Education By I1 4,37 Superintendent fI • CITY OF REDDING DATED: , 1986 By. ROBERT E. COURTNEY City Manager ATTEST: ETHEL A. NICHOLS , City Clerk APPROVED AS TO FORM: : Attorney for Enterprise School District RANDALL A. HAYS, City Attorney • • I -7-