CC - Item 5O - Approval of a Joint Use Agreement with the Garvey School DistrictROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER45�
DATE: JUNE 10, 2025
SUBJECT: APPROVAL OF A JOINT USE AGREEMENT WITH THE GARVEY
SCHOOL DISTRICT
SUMMARY
The City Council will consider approving a Joint Use Agreement between the City and the
Garvey School District for shared use of property at Duff Language Magnet Academy and
Garvey Park. This agreement outlines the joint use of designated areas owned by both the City
and the District. Its purpose is to facilitate the use of a parking lot at Duff Language Magnet
Academy and to maintain the existing softball field at Garvey Park.
DISCUSSION
The Garvey School District recently contacted the City to explore the possibility of entering into
a new Joint Use Agreement concerning the shared property at the northwest portion of Garvey
Park, which includes the small softball field. This area is currently used jointly by the City and
the District.
The District is proposing to construct a much-needed parking lot to serve staff and visitors at
Duff Language Magnet Academy. The proposed parking lot would be located partially on City -
owned land; without access to this land, the project would not be feasible. In exchange, the City
would continue to utilize a portion of District -owned property for the existing small softball field
at Garvey Park.
The proposed agreement formally outlines the terms and conditions governing the joint use of
the designated areas, ensuring both parties can continue to serve the needs of their respective
communities. A visual exhibit is included below to illustrate the layout of City and District
properties and how the space would be shared under the agreement.
AGENDA ITEM 5.0
City Council Meeting
June 10, 2025
Nee 2 of 3
Duff Language Magnet Academy and Garvey Park
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Proposed Joint Use Agreement Area
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TRACT No. 12599
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• IA — District shares area with City for softball field use
• IIA — City shares with District for school parking lot and driveway
• IIB — Continue City's softball field use
• IB — District to construct parking lot
City Council Meeting
June 10, 2025
Page 3 of 3
STAFF RECOMMENDATION
+rs
PROPOSED
IMPROVEMENTS
�Y
Staff recommends that the City Council authorize the City Mayor to execute the attached Joint
Use Agreement with Garvey School District.
FISCAL IMPACT
There is no additional fiscal impact on the City.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Tom Boecking
Director of Parks an Recreation
Attachment A: Joint Use Agreement — City of Rosemead and Garvey School District
Attachment B: Proposed Field/Parking Improvement Plans
Attachment A
Joint Use Agreement
City of Rosemead and Garvey School District
CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT
DUFF LANGUAGE MAGNET ACADEMY AND GARVEY PARK
THIS AGREEMENT, made and entered into as of June 10, 2025, by and between the CITY OF
ROSEMEAD, hereinafter called "CITY", and the GARVEY SCHOOL DISTRICT OF LOS ANGELES
COUNTY, hereinafter called "DISTRICT".
WHEREAS, the CITY and DISTRICT have agreed in principle that such a recreation facility and
its operation is a community responsibility; and
WHEREAS, the CITY and the DISTRICT intend to operate the facility jointly under the authority
granted by Section 10900, et seMc ., of the Education Code and applicable provisions of the Government
Code.
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and
pursuant to the provision of law hereinabove referred to, the parties hereto agree as follows, IA and IB
DISTRICT property and IIA and 1113 CITY property:
1. DISTRICT agrees to share Property IA (shown in Exhibit A) with the CITY for the use of
baseball/softball field.
2. CITY agrees to share Property IIA (shown in Exhibit A) with the DISTRICT for the use as a
parking lot and driveway.
3. DISTRICT shall have exclusive use of Property IIA (shown in Exhibit A) as a parking lot and
driveway during regular school hours and district/school activities are established by the
DISTRICT and provided to the CITY.
4. CITY shall have access to Property IIA and IB (shown in Exhibit A) during non -school hours
and non-district/school activities.
5. CITY shall have exclusive use of Property IA (shown in Exhibit A) as a baseball/softball field
during city activities. DISTRICT shall have access to the baseball/softball field during regular
school hours as long as the city does not have scheduled activities.
AGREEMENT: CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT — Duff Language Magnet Academy and Garvey Park
6. The DISTRICT shall have primary responsibility for the routine, ongoing, and regularly
scheduled maintenance of Property IIA (shown in Exhibit A) during the term of this
Agreement. Such maintenance shall include, but is not limited to, landscaping, janitorial
services, trash and debris removal, repair of wear and tear, and preservation of facilities and
grounds in a clean, safe, and functional condition. The DISTRICT shall perform said
maintenance in a manner consistent with applicable laws, ordinances, and health and safety
standards, and shall ensure that Property IIA remains suitable for its intended joint -use
purposes. The DISTRICT shall bear all costs associated with such regular maintenance, unless
otherwise expressly agreed upon in writing by the parties. (shown in Exhibit A).
7. CITY shall have primary responsibility for the regular maintenance of Property IA (shown in
Exhibit A).
8. DISTRICT and CITY shall make sure the joint use properties (IA, IB, IIA, and IIB, shown in
Exhibit A) are in clean and good condition after each use.
9. CITY and DISTRICT agree to keep each other informed as to the existence of defects, hazards,
or dangerous conditions. CITY and DISTRICT will make best efforts to take immediate steps
to minimize the public's exposure to defects, hazard, or dangerous conditions and to provide
appropriate warnings. Reports and actions taken shall be documented.
10. Upon discovery of any unusual conditions, CITY shall submit reports to DISTRICT on the
condition of DISTRICT property, equipment, and facilities.
11. DISTRICT will assume liability and defend and hold CITY harmless from loss, costs or
expenses caused by the negligent or wrongful act or omission of DISTRICT officers, agents
and employees occurring in the performance of the agreement to the extent that such liability
is imposed on CITY by the provisions of Section 895.2 of the Government Code of the State
of California. CITY will assume liability and defend and hold DISTRICT harmless from loss,
costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents
and employees occurring in the performance of this agreement to the extent that such liability
is imposed on DISTRICT by the provision of Section 895.2 of the Government Code of the
State of California. In addition, when liability arises pursuant to Section 830 et M. of the
Government Code, by reason of dangerous condition of public property of CITY covered by
this agreement, CITY shall assume liability and defend and hold DISTRICT harmless from
loss, costs or expenses arising form said dangerous condition, unless DISTRICT officers or
agents created said dangerous condition. When liability arises pursuant to Section 830 et seq.
of the Government Code, by reason of dangerous condition of public property of DISTRICT
covered by this agreement, DISTRICT shall assume liability and defend and hold CITY
AGREEMENT: CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT—Duff Language Magnet Academy and Garvey Park
harmless from loss, costs or expenses arising form said dangerous condition, unless CITY
officers or agents created said dangerous condition.
12. Insurance
a. Without limiting Each Party's indemnification of Other Party, and prior to the
commencement of agreement, Each Party shall obtain, provide, and maintain at its own
expense during the term of this agreement, insurance coverage of the type and amounts
described below and, in a form satisfactory to the Other Party:
b. Liability Coverage. Each Party shall maintain liability coverage, in an amount not less
than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury,
personal injury, and property damage.
c. Automobile Liability Coverage. Each Parry shall maintain automobile liability
coverage covering bodily injury and property damage for all activities arising out of or
in connection with this agreement, in an amount not less than $5,000,000 combined
single limit for each accident.
d. Sexual Abuse/Molestation Coverage. Each Party shall procure and maintain sexual
abuse and molestation liability coverage in an amount not less than $5,000,000 per
occurrence, $10,000,000 general aggregate.
e. Workers' Compensation Coverage. Each Party shall maintain Workers' Compensation
Coverage (Statutory Limits) and Employer's Liability Coverage (with limits of at least
$1,000,000).
f Each Party shall submit to Other Party, along with the evidence/certificate of insurance,
a workers' compensation waiver of subrogation endorsement in favor of Other Party,
its officers, agents, employees, and volunteers.
g. Additional protected party/additional insured status. Liability, automobile liability, and
umbrella/excess liability insurance coverage/policies shall provide or be endorsed to
provide that the Other Party and its officers, officials, employees, agents, and
volunteers shall be an additional protected party/additional insured under such
coverage/policies.
h. Other Insurance Coverage Provisions/Requirements
i. Proof of insurance. Each Party shall provide evidence of coverage/certificates
of insurance and required endorsements to Other Party as evidence of coverage
required herein. Evidence of coverage/certificates of insurance and
endorsements must be approved by the Other Party's Risk Manager prior to
commencement of the agreement. Current evidence of coverage/certificates of
AGREEMENT: CIT' OF ROSEMEAD/GARVEY SCHOOL DISTRICT—Duff Language Magnet Academy and Garvey Park
insurance shall be kept on file for the agreement period and any additional
length of time required thereafter. Each Party reserves the right to require
complete, certified copies of all required insurance coverage/policies, at any
time.
ii. Primary/non-contributing. Each party's coverage shall be primary and any
insurance or self-insurance procured or maintained by Other Party shall not be
required to contribute with it.
iii. Waiver of subrogation. Each party's insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation
against Other Party, its elected or appointed officers, agents, officials,
employees, and volunteers or shall specifically allow Each Party, or others
providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Each party hereby waives its own right
of recovery against the Other Party and shall require similar written express
waivers and insurance clauses from any subcontractors.
13. Requirements not limiting. Requirements of specific coverage features or limits contained in
this section are not intended as a limitation on coverage, limits, or other requirements, or a
waiver of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type. If Each Party maintains higher limits than the minimums shown above, the
Other Party requires and shall be entitled to coverage for the higher limits maintained by the
Other Party. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the Other Party.
14. User Groups' Responsibility of Care. CITY and DISTRICT shall require all users and/or user
groups to agree to exercise due care in the use of joint use facilities and to report any damage
to said joint use facility caused by the user and/or user group(s). CITY and DISTRICT are
authorized to seek reimbursement or restitution for the cost of repairing or replacing any
damage to the joint use facility caused by a user or user group(s). CITY and DISTRICT's
facility use agreements shall require the user or user group(s) to indemnify the CITY and
DISTRICT. User or user group(s) shall be required to provide evidence of general liability
insurance, in an amount no less than, $1,000,000 per occurrence, $2,000,000 general aggregate,
AGREEMEVT: CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT—Duff Language Magnet Academy and Garvey Park
r
with an endorsement naming the CITY and DISTRICT as additional insured. Coverage
provided by the user or user group(s) shall be primary & noncontributory and include a waiver
of subrogation. If participant waivers are executed by the user or user group(s) of joint use
facilities, the waiver shall include the CITY and DISTRICT as indemnified parties.
15. The term of the Agreement shall be for five (5) years commencing on June 10, 2025, provided
however that this agreement may be terminated on the 30' day of June of any year upon either
party giving written notice thereof to the other not later than the 15`s day of March of such year.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and Garvey School District,
by order of its Board of Education, have caused this agreement to be executed on each party's behalf by its
duly authorized officers, the day and the year first written above.
CITY OF ROSEMEAD
By:
MAYOR
ATTEST:
By:
CITY CLERK
GARVEY SCHOOL DISTRICT OF
LOS ANGELES COUNTY
By:
(Authorized Agent)
Anita Chu
District Superintendent
AGREEMENT: CITY OF ROSE MEAD/GARVEYSCHOOL DISTRICT—Duff Language Magnet Academy and Garvey Park
s
Attachment B
Proposed Field/Parking Improvement Plans
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