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2300 - Garvey Park - Duff School Joint Development AGREEMENT BETWEEN THE CARVEY SCHOOL DISTRICT AND THE CITY OF ROSEMEAD FOR USE OF RECREATIONAL FACILITIES THIS FACILITIES USE AGREEMENT ("Agreement") is entered into on this 11th day of May, 2017 ("Effective Date"), by and between the Garvey School District (hereinafter "District"), a political subdivision of the State of California and the City of Rosemead (hereinafter "City"), a municipal corporation. (The District and the City shall be collectively referred to herein as the"Parties"and individually as a"Party".) RECITALS WHEREAS, California Education Code section 10900 et seq. ("Community Recreation Programs Law") authorizes public authorities to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults and further empowers public authorities to cooperate with each other to attain such objectives; WHEREAS, the Community Recreation Programs Law defines "recreation" to mean the following: Any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any form of them, and any informal play incorporating any such activity(Education Code section 10901 C); WHEREAS, District and City are authorized under California law to operate and maintain recreation centers, as defined in Education Code section 10901 (0, for community recreation ("Recreation Centers"); WHEREAS, District and City desire to enter into an Agreement pursuant to the aforesaid provisions of the Education Code of the State of California, providing for the joint use of the "Recreation Centers" (blacktop, playground, basketball courts and open grass areas West and South of current softball perimeter fencing) which is located at 7830 Dorothy St, Rosemead, Ca 91770, formerly known as "Duff Elementary School"which is within the boundaries of both the District and City. WHEREAS, the City intends to use the facilities to offer recreational programs and services to district students, City residents,and authorized users of the Facility. WHEREAS, District owns aforesaid Facilities and desires that the City may have use of those District Facilities, pursuant to the terms of this Agreement, for community recreation, and other priorities for the public's benefit; WHEREAS, District and City desire to enter into an Agreement pursuant to the aforesaid Community Recreation Programs Law, providing for the joint use of Facilities that are owned by the District as set forth in this Agreement and to set forth the terms between the Parties for the operation and joint use of the facilities in accordance with the terms and conditions set forth herein: NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises of the covenants hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. FACILITIES SUBJECT TO THIS FACILITY USAGE AGREEMENT 1.1. 7830 Dorothy St, Rosemead, Ca 91770- Portion of Garvey Park lying south of Dorothy Street, west of the third base foul line fence of the Little League Diamond, north of the tennis court and east of the Duff Elementary School Buildings to also include blacktop, playground,basketball courts and open grass areas. 2. USE OF FACILITIES 2.1. While "Duff Elementary School" is not in operation by the District as a open school site the City shall have priority usage for community recreational purposes that are open to the general public. 2.2. If at any time in the future the District reopens the site for school purposes, the District would have priority usage from 7:30 a.m. to 3:30 p.m., Monday— Friday(except School Holidays). During all other hours and days the City shall have priority usage for community recreational purposes. 2.3. The use of District facilities by the City shall be in such a manner, as to not interfere with the District's normal use of the District's Facilities, including but not limited to, back to school nights, school assemblies, cleaning or maintenance and any other District activities. The District will notify the City 30 days in advance of any planned District activities outside of the priority usage days and times. 2.4. The City shall provide all supervisory personnel for recreation activities conducted by the City on District facilities 3. MAINTENANCE RESPONSIBILITIES 3.1.The City will be responsible for all maintenance which is to include turf; irrigation, landscape, hardscape, structures, playing surfaces, and lighting. 2 3.2. The City shall not place any permanent structures or major pieces of equipment on the property nor shall existing structures or equipment be moved or demolished. If such changes in structures or equipment is desired, the City should contact the District to discuss mutual agreements of change. 3.3. The City shall be responsible for any damage to school district property which results from any community recreation activities being conducted by the City on school property. 3.4. The District would be responsible for any damages occurred during District activities to property or equipment. 3.5. Upon discovery of any unusual conditions of District facilities; both Parties agree to notify one another to report said conditions. 4. TERM OF THIS AGREEMENT 4.1.Original Term of this agreement shall be for a period of twenty (20) years and shall commence upon the date of execution of this agreement. 4.2.Renewal of this agreement shall be for successive five (5) year teens upon mutual agreement of the Parties in writing. 5. TERMINATION OF AGREEMENT 5.1 This agreement may be terminated for cause at any time during the term hereof, by either Party upon thirty(30)days written notice to the defaulting Party. 5.2 This agreement may be terminated prior to its expiration without cause, by either Party upon twelve(12)months written notice to the other Party of its intent to terminate this Agreement. 5.3 Should the District terminate this Agreement without cause it shall be responsible for the following: 0- 10 years 50%of improvement costs 10-15 years 25%of improvement costs 15-19 years 10%of improvement costs 6. RELEASE,HOLD HARMLESS AND INDEMNIFICATION 6.1. The District agrees to hold harmless, defend, and indemnify the City against all actions, claims, or demands for injury, death, loss, or damage, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to 3 the negligence or the willful acts or omissions of the City, its agents, servants, or employees),whenever such injury, death, loss,or damage is a consequence of, or arises out of use of the District's facility. 6.2.The City agrees to hold harmless, defend, and indemnify the District against all actions, claims, or demands for injury, death, loss, or damage, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the negligence or the willful acts or omissions of the District, its agents, servants, or employees),whenever such injury,death, loss,or damage is a consequence of, or arises out of use of the District's facility. 7. INSURANCE 7.1. During the term of this Agreement, the District and City shall either be self-insured or maintain a comprehensive general liability insurance policy providing coverage for public liability, automobile liability, bodily injury and property damage as set forth herein. District and the City and its elected and appointed officers, employees, agents, and volunteers shall be named as additional insureds with respect to each of the insurance policies required under this Agreement. 7.2. Each party shall procure and maintain, during the period of this agreement, comprehensive public liability insurance coverage for its acts or omissions, described herein a form of satisfactory to 7.3. $1,000,000 General liability (bodily injury, Property damage, Liability, Personal injury) per occurrence. 7.4. $2,000,000 General aggregate 7.5. The insurance limits referred to herein may be increased from time to time by mutual written, consent in accord with then accepted practice for California cities and school districts. 7.6. The parties recognize that insurance practices and requirement of a District and a municipality may differ from that of private parties and may change from time to time. During any period of time in which the Parties, as regular practice do not maintain insurance but rather self-insure or participate in a Joint Powers Agreement with other governmental entities, the Parties may meet their insurance requirements under this section in the same manner. 4 8. NOTICES Any notices which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by(i)personal service,(ii)delivery by a reputable document delivery service,such as but not limited to, Federal Express,which provides a receipt showing date and time of delivery,or(iii)mailing in the United States Mail,certified mail, postage prepaid, return receipt requested,addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: 11W City: With a copy to: William Manis,City Manager City of Rosemead 8838 Valley Blvd Rosemead,Ca 91770 Email:bmanis@cityofrosemead.org Tel: (626) 569-2100 Fax: (626)307-9218 Garvey School District: With a copy to: Anita Chu Superintendent of Schools Garvey School District 2730 N. Del Mar Rosemead,CA 91770 5 IN WITNESS WHEREOF,the Parties have executed this Agreement as of die Effective Date. "CITY" "DISTRICT" City of Rosemead Garvey School District By R By: ` William Manis,City Manager Anita Chu, Superintendent of Schools Attest: By: Marc rohue, City Clerk Approved as form: Approved as to form: By: 66J✓ ILi, on if k (F ��11 By: L/ .� 00-O Rache ichman, City Att ey , S oo District Attorney 6 FIRST AMENDMENT TO GARVEY PARK - DUFF SCHOOL JOINT DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made by and between CITY OF ROSEMEAD, a municipal corporation ("City"), and the GARVEY SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"). RECITAL WHEREAS, City and District previously entered into an Agreement regarding joint recreational development and use of Garvey Park and Duff School on May 14, 1969 (a true and correct copy of the Agreement is attached hereto, marked Exhibit "A" and incorporated herein by this reference; and WHEREAS, City and District now wish to provide for the installation and maintenance of certain additional fencing at the Garvey Park. NOW THEREFORE, THE PARTIES HERETO AS FOLLOWS: 1. The Agreement of the parties, attached hereto, marked Exhibit "A" is amended by the addition of a new subparagraph 2 (f) as follows: (f) Install and maintain additional fencing as shown on the attached Exhibit 112". Except as amended, the Agreement shall continue in full force and effect. Date: February 12, 1991 ATTEST. City Clerk C T,pY ROSEMEAD By: Mayor GARVEY SCHOOL DISTRICT Date: / / 5 By:~ • • EXHIBIT "A" ~ l GARVEY PARK - DUFF SCHOOL JOINT DEVELOPMENT THIS AGREEMENT is made by and between CITY OF ROSEMEAD, a municipal corporation ("City"), and the GARVEY SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"). RECITALS: WHEREAS, city, through its Recreation and Parks Department, has been conducting recreational activities for the Garvey School community, which activities have been financed under an agreement between City and District, and under which agreement District has furnished certain facilities to the recreational program of City; and WHEREAS, City and District wish to provide for the instal- lation and maintenance of certain facilities at and adjacent to Garvey Park, owned by City, and the Duff School, owned by District. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. City agrees to: (a) Furnish, install and maintain an adequate sprinkler system for the watering of the turf area, shown as area A on Exhibit I hereto. (b) Remove or trim trees as necessary in the area marked B on Exhibit I. (c) Maintain and replace parkway trees in the area marked C on Exhibit I (d) Paint lines for delineating parking places in the parking area immediately north of the playground, shown as area D on Exhibit I. 2. District agrees to: (a) Plant and maintain the planting in the turf area, area A on Exhibit I (b) Purchase and plant parkway trees in accorcance with the Rosemead Street Tree Master Plan, in area C as shown on Exhibit I. 0 0 (c)( Remove the District's trai'ter from its present location in the area not later than July 1, 1969. (d) Install chain and posts at the service drive entrance on Dorothy Avenue, in the location shown on Exhibit I. (e) Permit City to install sprinkler lines on the five feet of District's property immediately east of classroom walkways, in the shaded area of area A on Exhibit I. 3. District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. 4. This agreement shall take effect when signed by both parties hereto. This agreement shall continue in effect in annual terms thereafter, provided that either party may terminate this agreement for any annual period not.then in effect, by giving written notice to the other party at least sixty (60) days before the date of the end of the annual period in effect. Termination of this agreement shall not require City to remove the sprinkler lines installed on the five feet of District's property immediately east of the classroom walkways. CITY OF ROSEMEAD / BY ~ilC-C~ ~LCCI~cQtti~ Date: 1969 Mayor Attest:`%Z=~ City Clerk GA VEY SCHOOL DISTRICT e Q c~L1~ pL _ Date: May 14 , 1969 By Z E ri ge . r ice, Supt. ecy to thf By Board of ducation (Authorized Agei G) D m c y ti -0 D N Om n C r L D ~ D v 10m A Z D0 T k-rF114 { m -a T cc zz m o p Z W 3 N m ~ r :IA a D L v T A V F Z x16) A V E. r Vf I 5 ~`4 Y F. N'.'{n FL!y '\J +.3j,yaF`7 a-. Cx.~ s sc., f tx f z lk+}+'sru a'' ~2yue ~'~"~'~~e8~~~r `rte., _r c or Pam n ~40 a~ a9 m -C D IC lk-l/ n A K LE> UP- NJ L N p D a Z a ro-n pmm v • a m N N on na a0 On 3 r Or r O r ~ OWZ m °e c G \n r1 l -cl Q~ of Dm N v- m~ Rmm is r' 5 ~cxtl. ~xisztrl~ y G 1w15$ ~lid, i ~I i { Z n $1 ~ C ~ 43, VIN- laj rn 0 EXHIBIT "Z" zz ~j E NCl F94F, GARVEY SCHOOL DISTRICT/CITY OF ROSEMEAD JOINT USE OF DUFF ELEMENTARY SCHOOL/GARVEY PARK THIS AGREEMENT, or case made and entered into as of May 30 , 1985 , by and between the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called "DISTRICT", and the CITY OF ROSEMEAD, hereinafter called "CITY": WHEREAS, the DISTRICT and CITY are desirous of jointly using the property of Duff Elementary School and Garvey Park; and, WHEREAS, the CITY and DISTRICT have agreed in principle that such joint use would be in the mutual interest of the CITY and DISTRICT; and, WHEREAS, the CITY and DISTRICT intend to operate the facility jointly under the authority granted by section 10900, et seq.of the Education Code. NOW THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, the parties hereto agree as follows: 1. The DISTRICT and CITY jointly use that portion of the Garvey Park lying south of Dorothy Street, west of the third base foul'line fence of the Little League Diamond, north of the tennis court and east of the Duff School Buildings and hard court area. 1 of 4 2. The DISTRICT shall have priority use of the area referred to above on weekdays from 8:00 a.m. to 2:30 p.m. during any time which Duff School is in session. During all other hours and days, the CITY shall have primary use for community recreational purposes. 3. Neither the CITY nor the DISTRICT shall place any permanent structures or major pieces of equipment on the property nor shall any existing structures or equipment be demolished by either the CITY or DISTRICT if, in so doing it would reduce or interfere with the primary use of the other agencies. If such change in permanent structures or equipment is desired by either the CITY or DISTRICT, the other party shall be so notified and only upon mutual agreement shall the change be made. 4. The CITY shall provide all supervisory personnel for recreation activities conducted by the CITY on school property. The CITY shall provide workers compensation insur- ance for all of its recreation personnel. 5. The DISTRICT shall provide all supervisory personnel for school sponsored activities conducted by DISTRICT. The DISTRICT shall provide workers compensation insurance for all of its personnel. 6. The CITY shall be responsible for any damage to school district property which results from any community recreation activities being conducted by the CITY on school property hereunder. 2 of 4 7. The DISTRICT shall be responsible for any damage to CITY property which results from any school sponsored activities being conducted by the DISTRICT on CITY property hereunder. 8. Upon discovery of any unusual conditions of DISTRICT facilities, CITY shall submit reports to the DISTRICT. Upon discovery of any unusual conditions, DISTRICT shall submit reports to the CITY on the condition of CITY property, equipment, and/or facilities. 9. The CITY and DISTRICT shall share the cost' of ground maintenance including turf, irrigation, and daily care. 10. CITY shall book and schedule use of the Garvey Park for community recreation activities. CITY shall use the area at such times and such manners so as not to interfere with DISTRICT's use for normal school purposes as defined in paragraph above. 11. DISTRICT will assume liability and defend and hold CITY harmless from loss, cost or expenses caused by the negligent or wrongful act for omission of district -officers, agents or employees occurring in the performance of this Agreement to the extent that''such liability'is'imposed on the 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, cost or expenses caused by the negligent or wrongful act for omission of city officers, agents or employees occurring in the performance 3 of 4 of this Agreement to the extent that such liability is imposed on the DISTRICT by the provisions of section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to section 830 et seq.of the Government Code, by reason of a dangerous condition of public property of CITY covered by this Agreement, CITY shall assume liability and defend and hold DISTRICT harmless from loss, cost or expenses arising from said dangerous condition. Both CITY and DISTRICT. shall carry each other as additional insurance on the're'spective liability policies. 12. Term of this Agreement shall be for five years commencing on . Provided, however, that either party may terminate this Agreement upon 90 days notice to the other party. 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 year first written above. CITY OF ROSEMEAD MAYOR By: ATTEST: By: GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By: By: I SUP-ER INTENDEN OF SCHOOLS (Authorize Agent) 4 of 4 MAYOR: LOUIS TURY, JR. MAYOR PRO TEM: JAY T. IMPERIAL COUNCILMEN: ROBERT W. BRUESCH G.H."PAT" CLEVELAND GARY A. TAYLOR ifc - ACS 2e8( 8838 E. VALLEY BOULEVARD • P.O. BOX 399 - ROSEMEAD, CALIFORNIA 91770 TEL. (818) 288-6671 COUNCIL MEMORANDUM FROM: CITY MANAGER DATE: JUNE 7, 1985 RE: DUFF SCHOOL-GARVEY PARK-FERN SPORTS COMPLEX Attached for your information are the contracts dealing with the Duff School-Garvey Park use and the Fern Sports Complex. These draft agreements have been submitted to the City Attorney and the Director of Recreation & Parks for their review, and will be brought before you for consideration at a later date. encl. FGT:jg 8 ANDREW J. V I SCO V I CH, Ed. D. DISTRICT SUPERINTENDENT HARVEY SCHOOL DISTRICT 'r CITY OFAMEMFAD June 4, 1985 AM JUH d ig»s E Frank Tripepi ` City Manager - City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Dear Frank: On Thursday, May 30, 1985, the Board of Education reviewed and approved the attached two proposed contracts dealing with the Duff School-Garvey Park use and the Fern Sports Complex. These two agreements were worked out between our attorneys and fairly present the view of the Garvey School District in these matters. Please advise as to next steps. Sincerely, OAA Andrew J. Vi sc vich District Superi endent AJV:nt Attachments BOARD OF EDUCATION MR. RAUL A. GARCIA MR. JIM SMITH Vice President MR. JOHN H. NUNEZ Clerk MR. ROBERT MIRANDA President MR. CARL VAN WINKLE Member Member Equal Opportunity Employer - Non-Discrimination on Basis of Race, Color, Ancestry, Religious Creed, National Origin, Sex, Handicap, Age CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT FERN SCHOOL SPORTS COMPLEX AGREEMENT THIS AGREEMENT, made and entered into as of May 30 , 19 85, 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 are desirous of developing and operating a Sports Facility Complex at Fern Elementary School; and 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 sec., of the Education Code and applicable provi- sions of the Government Code. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, the parties hereto agree as follows: 1. DISTRICT agrees to make available to the CITY a certain specified area at Fern Elementary School, herein- after referred to as Fern School Sports Complex for community recreation activities and development of specific sports facilities. 1. 5/6/85 0 2. The specific area to be developed and operated for such purposes shall be the area that encompass the area identified as "Sports Complex" as set forth in Exhibit "A". 3. CITY agrees to equip the Sports Complex area with two standard baseball fields complete with bleachers, backstops, two football and/or soccer fields. CITY also agrees to install a new lighting system sufficient to allow for night use of the Sports Complex. CITY shall also rehab- ilitate the existing parking lot and construct a new parking lot at the southwest corner. CITY and DISTRICT shall jointly approve the plans and specifications prior to solicitation of bids. Where required, the plans and specifications shall be submitted for approval by the Office of the State Architect. 4. All permanent equipment erected on school property by CITY and located within the specific areas agreed upon for use, may be used for such community recreation activities, and CITY shall provide all other materials and equipment to be used in such community recreation activities. DISTRICT shall have priority use of the Sports Complex during the regular school year on weekdays (Monday through Friday) from 8:00 a.m. through 3:30 p.m. 5. CITY shall provide all supervisory personnel for recreation activities conducted by CITY on school property. CITY shall provide worker's compensation insurance for all of its recreation personnel. 6. CITY shall be responsible for any damage to Sports Complex which results from any community recreation 2 5/6/85 n activities being conducted by CITY on school property hereunder. 7. Upon discovery of any unusual conditions of DISTRICT facilities, CITY shall submit reports to DISTRICT. 8. Additional development may occur upon mutual consent by both parties. 9. CITY shall provide for maintenance for the lighting system and ground maintenance including turf, irri- gation and daily care. CITY shall also provide all maintenance s personnel and materials for baseball diamond and football/soccer field preparation. CITY shall also maintain the bleachers, backstops and goalposts. 10. All permanent equipment constructed by CITY within the specific areas agreed upon for use, may be used for educational and recreational activities of DISTRICT and DISTRICT shall provide all materials and supplies to be used for such purposes. 11. DISTRICT shall provide all supervisory personnel for school-sponsored activities conducted by DISTRICT. DISTRICT shall provide worker's compensation insurance for all of its personnel at the Sports Complex. 12. DISTRICT shall be responsible for any damage to Sports Complex property which results from any school- sponsored activities being conducted by DISTRICT. 13. Upon discovery of any unusual conditions, DISTRICT shall submit reports to CITY on the condition of CITY property, equipment and facilities. 3 5/6/85 • 14. CITY shall book and schedule the use of the sports field complex for community recreation activities. CITY shall use the area at such times and in such a manner so as to not interfere with DISTRICT's use for normal school purposes which is limited to weekdays from 8:00 a.m. to 3:30 p.m. during the regular school.year. CITY agrees to make no claim of ownership or useage control over the existing buildings on the site, which buildings are labeled "1" and "2" on Exhibit "A" hereto. 15. 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 occuring in the performance of this 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 extend that such liability is.imposed on DISTRICT by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arised pursuant to Section 830 et. sec. of the Government Code, by reason of a 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 from said dangerous condition, unless DISTRICT officers, employees or agents 4 5/6/85 • were negligent in not informing CITY of such dangerous condition or unless DISTRICT officers or agent created said dangerous condition. Both DISTRICT and CITY shall carry each other as additional insureds on the respective liability policies. 16. In consideration of the CITY's assumption of the control and its portion of the expense of the complex operation, the DISTRICT hereby agrees to furnish all water for the facility and to be responsible to mow grass in same manner as is currently done for all other school facilities. 17. The term of the Agreement shall be for fifteen years, commencing on provided, however, that this agreement may be terminated on the 30th day of June of any year upon either party giving written notice thereof to the other, not later than the 15th day of March of such year. Provided, however, that in the event the Agreement is terminated by DISTRICT shall pay to CITY the unamortized (15) cost of equipment and installation for the backstops, lighting standards; transformers and storage shed. The parties hereby agree that the cost of the backstops, lighting standards, transformers and storage shed shall be amortized over a term of fifteen (15) years. DISTRICT shall pay to CITY one fifteenth (1/15th) of the total cost of equipment and installa- tion costs for each year on the initial fifteen (15) year term which remains after DISTRICT's election to terminate. 18. In the event this Agreement is terminated by CITY prior to the scheduled termination on or is not renewed )at its expiration aU property, real and 5 5/6/85 personal, affixed to the land shall become the property of the DISTRICT and the CITY shall thereafter have no ownership rights. 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 year first written above. CITY OF ROSEMEAD By: MAYOR ATTEST: By: CITY CLERK GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By: By: SUPERINTENDE OF SCHOOLS (Authorized Agent) 6 5/6/85 r, GARVEY SCHOOL DISTRICT/CITY OF ROSEMEAD JOINT USE OF DUFF ELEMENTARY SCHOOL/GARVEY PARK THIS AGREEMENT, or case made and entered into as of May 30 , 1985 , by and between the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called "DISTRICT", and the CITY OF ROSEMEAD, hereinafter called "CITY": WHEREAS, the DISTRICT and CITY are desirous of jointly using the property of Duff Elementary School and Garvey Park; and, WHEREAS, the CITY and DISTRICT have agreed in principle that such joint use would be in the mutual interest of the CITY and DISTRICT; and, WHEREAS, the CITY and DISTRICT intend to operate the facility jointly under the authority granted by section 10900, et seq.of the Education Code. NOW THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, the parties hereto agree as follows: 1. The DISTRICT and CITY jointly use that portion of the Garvey Park lying south of Dorothy Street, west of the third base foul'line fence of the Little League Diamond, north of the tennis court and east of the Duff School Buildings and hard court area. 1 of 4 2. The DISTRICT shall have priority use of the area referred to above on weekdays from 8:00 a.m. to 2:30 p.m. during any time which Duff School is in session. During all other hours and days, the CITY shall have primary use for community recreational purposes. 3. Neither the CITY nor the DISTRICT shall place any permanent structures or major pieces of equipment on the property nor shall any existing structures or equipment be demolished by either the CITY or DISTRICT if, in so doing it would reduce or interfere with the primary use of the other agencies. If such change in permanent structures or equipment is desired by either the CITY or DISTRICT, the other party shall be so notified and only upon mutual agreement shall the change be made. 4. The CITY shall provide all supervisory personnel for recreation activities conducted by the CITY on school property. The CITY shall provide workers compensation insur- ance for all of its recreation personnel. 5. The DISTRICT shall provide all supervisory personnel for school sponsored activities conducted by DISTRICT. The DISTRICT shall provide workers compensation insurance for all of its personnel. 6. The CITY shall be responsible for any damage to school district property which results from any community recreation activities being conducted by the CITY on school property hereunder. 2 of 4 7. The DISTRICT shall be responsible for any damage to CITY property which results from any school sponsored activities being conducted by the DISTRICT on CITY property hereunder. 8. Upon discovery of any unusual conditions of DISTRICT facilities, CITY shall submit reports to the DISTRICT. Upon discovery of any unusual conditions, DISTRICT shall . submit reports to the CITY on the condition of CITY property,. equipment, and/or facilities. 9.- The CITY and DISTRICT shall share the cost' of ground maintenance including turf, irrigation, and daily care. 10. CITY shall book and schedule use of the Garvey Park for community recreation activities. CITY shall use the area at such times and such manners so as not to interfere with DISTRICT's use for normal school purposes as defined in paragraph above. 11. DISTRICT will assume liability and defend and hold CITY harmless from loss, cost or expenses caused by the negligent or wrongful act for omission of district officers, agents or employees occurring in the performance of this Agreement to the extent that such liability is imposed on the 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, cost or expenses caused by the negligent or wrongful act for omission of city officers, agents or employees occurring in the performance 3 of 4 of this Agreement to the extent that such liability is imposed on the DISTRICT by the provisions of section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to section 830 et seq.of the Government Code, by reason of a dangerous condition of public property of CITY covered by this Agreement, CITY shall assume liability and defend and hold DISTRICT harmless from loss, cost or expenses arising from said dangerous condition. Both CITY and DISTRICT shall carry each other as, additional insurance on the respective liability policies. 12. Term of this Agreement shall be for five years commencing on Provided, however, that either party may terminate this Agreement upon 90 days notice to the other party. 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 year first written above. CITY OF ROSEMEAD By: MAYOR ATTEST: By: GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By: By: SU RI 'ENDEN OF SCHOOLS (Authorize Agent) 4 of 4 J(-1(8■ Y osesncad x r t 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213) 288-6671 MEMORANDUM TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION DATE: JULY 13, 1984 RE: PROPOSED RESOLUTION OF USE - GARVEY PARK AND DUFF SCHOOL The City of Rosemead acquired Garvey Park from the County of Los Angeles on May 22, 1967 (Exhibit 1), and the area adjacent to Duff School on October 13, 1967 (Exhibit 2, Area "A" on map). In 1969, the City entered into an Agreement with the Garvey School District (Exhibit 3, Area "A" on map) to develop the area adjacent to Duff School as a minor league baseball field. The School District has used the City property (Exhibit 4, Area "A") during the school year up through 1971 by means of a Joint Powers Agreement. Since then, they have continued to use this facility during school hours, as a matter of historical custom. This relationship worked well without conflict up until Monday, July 9, 1984. On July 2, 1984, the Garvey School District began summer school and at the same time opened the year-round school program at Duff school. Staff was informed on Monday, July 9, that the Garvey School District, through the Principal at Duff, had a resident removed from the turf area (Exhibit 4, Area "A"), which is City property. The individual was apparently using the small backstop (Exhibit 4, item 3) next to the classrooms during the school's operation. Staff informed the District that there was not a Joint Use Agreement for this facility and the use of City facilities (Exhibit 4, Area "A") needed to be scheduled/reserved through the City since it was City property. Subsequently, staff received a Facility Use Form from the Garvey School District the afternoon of July 9, 1984. During the Council Meeting of July 10, 1984, Mr. Lerma, the resident who was re- moved from the facility, indicated that he had several problems regarding Garvey Park and with trying to get answers to his questions when he came to the City Hall around 1:00 p.m. on July 9, 1984. I have reviewed this situation and feel that the following information would be helpful in clarifying these particular incidents. First, reference was made by Mr. Lerma that the two ball fields (see Exhibit 4, items 1 and 2) at Garvey Park MAYOR: MAYOR PRO TEM: COUNCILMEN: GARY A. TAYLOR LOUIS TURY, JR. ROBERT W. BRUESCH G.H."PAT" CLEVELAND JAY T. IMPERIAL FRANK G. TRIPEPI July 13, 1984 Page 2 were "Reserved" and/or not capable of being used. He apparently was.at the park around 9:00 a.m. Park staff, however, did not begin to work on the ball fields until 1:00 p.m. and "Reserved" signs were not put out until 1:30 p.m. Second, the staff person Mr. Lerma talked to at City Hall was Cathy Bradbury, Center Director at Garvey Park. She advised him that the property he was removed from belonged to the City, that after the ball fields are prepared, they are "Re- served" and taken out of use, and that DuffSchool uses the turf area during the weekdays. When he asked her why the school was using the field, Cathy indicated that he needed to discuss.that matter with the School District. Cathy advised Mr. Lerma that if he had any additional questions, he was more than welcome to give us a call. The crux of the-present dilemma lies in two areas. First, Duff School will be using the turf area year-round as opposed to nine months. Second, a large portion of this area is owned by the City, however, the school needs to use it when it is in session. The solution to the dilemma appears to be in determining the uses there are for the City's portion of property adjacent to Duff School (Exhibit 4, Area "A"), and then determine how the uses can be addressed. First, the Department has not op- erated, nor does it envision operating a program at the area in question. Second, our maintenance of the minor league field has been performed during the school's operation and this should continue without a conflict. Third, and most important, is the public's use and access to facilities: A) Historically, the minor league field has not been used on a drop in basis but reserved by organizations after 3:00 p.m.; B) The major league ball field (Exhibit 4, item 2) has and will continue to be available to the public on either a drop in basis or it can be reserved up until 1:00 p.m. when it is scheduled for maintenance; C) There are additional facilities at Zapopan Park that are open to the public for drop in or on a reserved basis; D) In addition to City facilities., the community and Department alike makes use of the various school sites throughout the City, provided the activity does not interfere with school functions. As indicated earlier, the Garvey School District has submitted a Facility Use Form for reserving that portion of property that is adjacent to Duff School and owned by the City. Because of the unusual nature and policy setting circumstances, staff . is recommending that the matter ber'eviewed by the City Council. It is recommended that if the Council approves the School District's exclusive use, they do so by way of the Facility Use Form process, as it establishes the date and time frames an applicant,.i.e., School District, may use City facilities. It is also the tool that has been used for many years and in various circumstances where- by other agencies, community groups, etc., are allowed to use City facilities. And finally, it allows the City to maintain control over its facilities during the time the facility has been reserved and or used by the applicant of an approved Facility Use Form. MDB:nv • l EXHIBIT "1" Il Recording Requested by County of Los Angeles When Recorded Mail to: CITY OF ROSEMEAD P.O. Box 399 Rosemead, Californ:a 2026 B I{ D367 I r e 802 QUITCLAIM DEED 2 FP,EE 3 FOR VALUABLE CONSIDERATION, receipt of which is hereby 4 acknowledged, COUNTY OF LOS ANGELES, a body corporate and politic, 5 does hereby surrender, quitclaim and forever release to the CITY 6 OF ROSEMEAD, a municipal corporation, all of County's right, title 7 and interest in and to the real property described in Exhibit "A" g attached hereto and incorporated herein by reference. 9 SUBJECT TO: . 10 1. Easements, rights, rights of way, reservations, re- 11 strictions, covenants and conditions of record, if any. 12 2. The express condition that the real property conveyed 13 will be used by the CITY OF ROSEMEAD for public park and playground 305 14 purposes and that if and when said City fails, refuses or neglects ztz 15 to maintain the said real property as a public park for park and O N a - i2°„ 16 recreation purposes, title to the said real property shall imme- °o" z0,0 17 diately revert to the COUNTY OF LOS ANGELES without further notice V p W YjW2 W f =z 18 and without the necessity of any affirmative action on the part of im< 0W 3 19 the County to assert any rights in said property; and rc = 20 3. The express condition that at all times and under all 21 circumstances the real property quitclaimed herein shall be open 22 equally to residents of incorporated and unincorporated territory 23 and there shall be no discrimination against or preference, 24 gratuity, bonus or other benefit of any nature whatsoever given 25 26 27 28 C REGORGED IN OFFICIAL RECORDS 29 OF LOS ANGELES COUNTY, CALIF. I' 30 I 57 Pint 9 A.M. JUN 14 1967 31 RAY E. LEE, County Recorder i 32 -1- i 76T627. - 2-66 B ~ 03671 P c 803 2 3 4 5 6 7 8 9 10 11 12 J 0 13 Z 0 N u oo 14 o Za 15 U H ¢ 0 Z _ LL m o 16 W < u o 0 z zowo < 17 Ww~ f y <w = Z < < 3 8 m< Oa0 Je0 0 19 a = 20 21 22 23 24 25 26 27 28 29 30 31 32 JAJ : emd 5-16-67 to residents of incorporated areas which are not also equally accorded residents of unincorporated territory. (SEAL) COUNTY OF LOS ANGELES By ti tea. Chairman, Boar o Supervisors STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) On this day of ~lret 1967 before me, JAMES S. MIZE, Clerk of the Board of Supervisors of the County of Los Angeles, residing therein, duly commissioned and sworn, personally appeared FRANK G. BONELLI known to me to be the Chairman of the Board of Supervisors of the County of Los Angeles and the person who executed the within in- strument on behalf of the County therein named, and acknowledged to me that such County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. JAMES S. MIZE, Clerk of the Board of Supervisors APPROVED AS TO FORM: HAROLD W. KENNEDY County Counsel ij Deputy' - - CERTIFICATE OF ACC~EPTANCE ' This is to certi.fy..that the interest in real property conveyed by the deed or, grant herein, dated z ° /q/„ 7 from COUNT%OF 41SV~n/GE-L ,t3 )1 C-;. 15O11C7LL 1 to the CiT a po itica corporation and/or governmental agency,- is hereby accepted pursuant to author-It ity conferred by Resolution No. 66-69'4 of the City Council of the City of( Rosemead, adopted on October 25, 1966 and the grantee consents to recordation thereof by its dulyy authorized officer. City"of Rosemead, California Dated: Fly ~3. 1.7457 76T5]71 - $-66 6 K 0367 ! P PJ804 1 2 3 4 5 6 7 8 9 10 11 12 0 13 z 0 N u00 14 z F 0 z15 O u U R b Z 0 n ps h 16 O U : o z w - z0 17 W J J y J0E < U 32z 18 m < j WO Dim o j 19 a a = 20 21 22 23 24 25 26 27 28 29 30 31 32 GARVEY MEMORIAL RECREATION CENTER Lot 83, Lands of the San Gabriel Improvement Company, in the City of Rosemead, County of Los Angeles, State of California, as shown on map recorded in Book 54, pages 71 and 72, of Miscellaneous Records, in the office of the Recorder of said county. EXHIBIT "A" 76TH'- ` ib 12-fi7 I RECO CITY OF RO CITY CLERK 8838 E. Vi ROSEMEAD, 2 3 4 5 6 7 8 9 10 11 12 J i 13 3 0 0 z 14 0 i a = 0 IS e~ :E e m 16 W n w n z 0 w s 17 W J U Y J a 18 3="0 m J O ,°n 0 19 x 20 21 22 23 24 25 26 27 28 29 EXHIBIT "2" 3130 NG REQUESTED BY: BEAD.. When Recorded Mail To: CITY OF ROSEMEAD Y BLVD. 91770 OUITCLAIM DEED r BKD7278P01 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF LOS AYGELES, a body corporate and politic, does hereby surrender, quitclaim and release to rR= _ CITY OF ROSEMEAD, a municipal corporation, 3 all of County's right, title and interest in and to the following described property located in the County of Los Angeles, State of California: Lots 10,11, 12, 13 and 14, Tract No. 12539, in the City of Rosemead, County of Los Angeles, State of California, as shown on map recorded in Book 237, Page 17, of Maps, in the office of the Recorder of said county. RECORDED IN OFFICIAL RECORDS LOS ANGELES COUNTY. CA. MIN 10 A.M.OCT 13 1976 ~7 PAST Recurder'S office 30 SUBJECT TO AND BUYER TO ASSM/M: 31 32 76T 575 N. Cdb 9d65 ~ 1 2 3 4 5 6 7 8 9 10 11 12 W 13 W $z° 14 ,2o F f m z a 15 0 N U Z O iF2 16 oo~M z U z 0 17 w W J J Y J w 3 Z Z 18 0 0 0 o 19 0 J x 20 21 22 23 24 25 26 27 28 29 30 31 32 C Br&278n,232 1. Easements, rights, rights of way, reservations, restric- tions, covenants and conditions of record, if any. 2. The express conditions that the property so conveyed will be used by the City of Rosemead for public park and play- ground purposes and that if and when said City fails, refuses or neglects to operate and maintain said real property as a public park for parking and playground purposes, title to the said real property shall immediately and automatically revert to the County of Los Angeles without further notice and without the necessity of any affirmative action on the part of the county to assert any rights in said property. 3. The express condition that at all times and under all circumstances the said park shall be open equally to residents of incorporated and unincorporated territory and there shall be no discrimination against or preference, gratuity, bonus or other benefit in favor of residents of incorporated areas not equally accorded residents of unincorporated territory. 4. The express condition that the City of Rosemead shall at its own expense, and within a reasonable time after its acqui- sition of the property, relocate the existing structure situated on the land conveyed to a parcel of real property commonly known as "Parcel B" consisting of 1.37 acres fronting on Emerson Place between Del Mar and Kelburn Streets, provided, however, that the County of Los Angeles shall bear as much of the costs and expenses of such removal as are in excess of the sum of Five Thousand Dollars ($5,000.00) and that if said City fails, refuses or ne- glects to so remove said structure within one year after delivery of the deed to City, title to the real property to be conveyed to the City shall immediately and automatically revert to the County of Los Angeles without further notice and without the necessity of -2- 76T575M-Sdb 12153 I 2 3 F►D7Z78P03 4 any affirmative''actioa-on-the--part of the County to assert any 5 rights in said property. 6 7 - - 8 _ 9 COUNTY OF LOS ANGELES 10 11 chairman, Boar o Supervisors 12 (SEAL) J 13 o .U Z -o< 14 STATE OF CALIFORNIA ) SS: 0 ¢ o LL IS COUNTY OF LOS ANGELES ) U 0 ° / 0 } E' " 0. 16 `day of 1967, before me, ON this /3 Z < Vi LL J < JAMES S. MIZE W °uf 17 , Cleric of the Board of Supervisors of the County Y a 3 mo 18 of--Los-Angeles-,State of California, residing therein, duly o 0 ~ 19 commissioned and sworn, personally appeared FRANK G. BONELLI x 20 ; knox•m to me to be the Chairman of the 21 Board of Supervisors of the County of Los Angeles and the person 22 who executed the within instrument on behalf of the County 23 therein named, and acknowledged to me that such County executed 24 the same. 25 IN 4?ITNESS GhIEREOF, I have hereunto set my hand and af- 26 fixed my official seal the day and year first above written. 27 JAMES S. MIZE 28 , Cleric of - - :-'the Board of Supervisors 29 30 APPROVED AS TO FORI-i: zDeputy 31 HAROLD W. iTNNEDY 32 County Counsel , JA J:emd 10-6-67 Deputy -3- EXHIBIT "3" GARVEY PARK - DUFF SCHOOL JOINT DEVELOPMENT THIS AGREEMENT is made by and between CITY OF ROSEMEAD, a municipal corporation ("City"), and the GARVEY SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"). RECITALS: WHEREAS, City, through its Recreation and Parks Department, has been conducting recreational activities for the Garvey School community, which activities. have been financed under an agreement between City and District, and under which agreement District has furnished certain facilities to the recreational program of City; and WHEREAS, City and District wish to provide for the instal- lation and maintenance of certain facilities at and adjacent to Garvey Park, owned by City, and the Duff School, owned by District. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. City agrees to: (a) Furnish, install and maintain an adequate sprinkler system for the watering of the turf area, shown as area A on Exhibit I hereto. (b) Remove or trim trees as necessary in the area marked B on Exhibit I. (c) Maintain and replace parkway trees in the area marked C on Exhibit I. (d) Paint lines for delineating parking places in the parking area immediately north of the playground, shown as area D on Exhibit I. 2. District agrees to: (a) Plant and maintain the planting in the turf area, area A on Exhibit I. (b) Purchase and plant parkway trees in accordance with the Rosemead Street Tree Master Plan, in area C as shown on Exhibit I. (c) kemove the District's trailer rrom its present location in the area not later than.July 1,:1969. (d) Install chain and posts at the service drive entrance on Dorothy Avenue, in the location shown on Exhibit I. (e) Permit City to install sprinkler lines on the five feet of District's property immediately east of classroom walkways, in the shaded area of area A on Exhibit I. 3. District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. 4. This agreement shall take effect when signed by both parties hereto. This agreement shall continue in effect in annual terms thereafter, provided that either party may terminate this agreement for any annual period not then in effect, by giving written notice to the other party at least sixty (60) days before the date of the end of the annual period in effect. Termination of this agreement shall not require City to remove the sprinkler lines installed on the five feet of District's property immediately east of the classroom walkways. Date: 1969 CITY OF ROSEMEAD BY ( .Yil tGlz( ~G!/f'i.iti9z c2~ Mayor A t t e s t: , e,%G.1,', L City C er< GARVEY SCHOOL DISTRICT Date: May 14 1969 By Eldridge N.Wkice, Supt. & Secy to By Board of Education (Authorized Agent f. c r, r n ^ T C r. n H w t1i n w H n n 7 O O d W N ' rt H F+ n rt ro H 0 b H `G IFTI I-< 17 I m z ~ ~ .:0 ~ J r n ~r o ~ u• rt~ o rt. c Z ~z U U. C-J ~ a µ r r o 0. H r e F LL F- o 0. H ' tY - N t/v co ° WZ ~j D{ `ro V Om T J T Ll m 03. - in L j I-J~ t- K EL 8yeNl n t - vn p v c nIt i ~Ln ic. A V E 3 n d c[ ! r nan~-13 -`r at v O w o = l I~ V J Ill I ~ LL ~ uq cc 2CO 1 a~ N o r+ w P j 2 i n _ I u > o • I yy I'y ~ J a j Wui 2 W ~ F ~ ' z O l ~ Q c Q Q I `LJ I cr-I Q V (Please Press Firmly) • CITY OF ROSDFAD (Please Press Firmly) 8838 E. Valley Blvd.',,-Rosemead,' CA 91770 APPLICATION FOR USE OF FACILITIES (PLEASE READ RULES"REGULATIONS, AND FEE SCHEDULE ON BACK BEFORE COMPLE ING PPL CATION.) FACILITY Garvey Park AREA/ROOM DESIRED Tuff Area B * POOL * as peritr14/69 Agreement DAY(S) OF WEEK S days/week DATE(S) OF USE July thru August 1984 HOURS:8;00 to 3:00 p.m. i----------------------------=---------------------------------------------------------------r ':TYPE OF ACTIVITY Physical Education, assemblies, games, etc. No. Attending ; ;:NAME OF ORGANIZATION Garvey School District . '(~NAME C:-:;rPLICANT(Print) Garvey School District TITLE(if any) ,ADDRESS OF APPLICANT 2730 N. Del Mar Ave. / Rosemead. .A / 91770 PHONE573-5820 ;i Street -----City-------- Zie_Code-------------- y CHECK IF EVENT WILL BE OPEN TO: If funds are to be raised, for what purpose? Public/ho charge. Children of Duff Pcblic/by admission of $ -School Public/by donation of $ Percentage of Membership living in Rosemead? Members-&-or guests at $ _25% _50% _X-100% :INDICATE BELOW ANY SPECIAL EQUIPMENT REQUIRED AT FACILITY. BE SPECIFIC AS TO NO. AND ITEM. ; ALSO- SHOW OFSIRFO SFT-11P IN ROy PROVInFn. - ' i NO_ ITEM ' Chairs i Tables (31x8') w i - x- P.A. System i , o. i ;USE OF KITCHEN: Yes No (If yes, Hours: to i - I hereby certify that I have read and will abide by all rules and regulations of the City. As a duiv authorized representative of the sponsoring organization, 3 on behalf of sponsoring organization, I agree to save, keep and bear harmless the City Ball its officers d agents from ail 'damages; cost of expense in'law or equity (including costs of suit 8 expense for leqal services)'that may at any time arise or be set-up because of damages to property or death or injury to persons received or suffered by any reason of the operation of this organ- ization hereunder, or which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of sponsoring organization or any of its agents or employees whicn results in a dangerous or defective condition of property, or any damages occasioned by any negligent act or omission to act which amounts to negligence on the part of the City," its agents or.employees in favor of either the'sponsoring organization,'its agents or employees or inv ees of sl d spo \9ori g rganization: 11 r Signature lti'~- ' t Gc PRE-PAYMENT OF CHARGES MUST BE IFOR OFFICE USE ONLY ✓ Is facility availabl ? Yes No TOTAL FEES DUE $ INVOICE NO. k Dated -DAYS-PRIOR-TO-USE-OR FACILITY USE_VjLL_H_C_ANCELLED.___ APPROVED (-1 DISAPPROVED rector of /Retreat ion and-Parks Dept. 0 • BACKGROUND DOCUMENT AGREEMENT THIS AGREEMENT, made and entered into as of the t first day of July, 19652 by and between the City of Rosemead, hereinafter called "City", and the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called 'District": WITNESSETH: WHEREAS, City operates and maintains a public park and certain recreation facilities, hereinafter called "City Property", which are capable of being used by District for educational purposes and for District-sponsored recreation activities, and District operates and maintains certain school playgrounds and indoor school facilities, hereinafter called "School Property", which are capable of being used for community recreation activities sponsored and conducted by City; and WHEREAS, City and District desire to provide by contract for the use of such School Property by City for community recreation activities and for the use of City Property for educational purposes and recreational purposes sponsored by District in order to provide for a program of community recreation activities pursuant to Chapter 6, Division 12 of the Education Code, commencing at Section 16551, and EE WHEREAS, Chapter 6 of Division 12 of the Education Code, and Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code authorize cities and school districts to cooperate with each other in the development and execution of adequate programs of recreation, NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, it is agreed as follows: 1. District agrees to make available to City certain selected school playground areas and indoor school facilities for community recreation activities. (a) The specific areas to be used for such purposes shall be those agreed upon from time to time between the Director of Recreation and Parks of City and the Superintendent of District. City shall use said areas at such times and in such a manner so as not to interfere with their use for normal school purposes. (b) District shall save and hold City harm- less from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any dangerous or defective condition of School Property, including permanently -2- •0 EE installed recreation and play equipment situated on School Property. (c) District shall provide all maintenance and custodial services for indoor facilities used by City. (d) All permanent equipment owned by District on School Property and located within the specific areas agreed upon for use, may be used for such i community recreation activities, and City shall provide all other materials and equipment to be used in such community recreation activities. (e) City shall provide all supervisory personnel for community recreation activities conducted by City on School Property hereunder., (f) City shall save and hold District harmless from all claims or causes of action for injury to persons or damage to property resulting from the negligence or inadequate supervision of any community recreation activities conducted by City on School Property hereunder. (g) City shall be responsible for any damage to School Property which may result from any community recreation activities being conducted by City on School Property hereunder. -3- A 0 _.•.(h) City shall submit reports to District on the condition of school facilities used by City. 2. City agrees to make available to District City park and recreation areas for educational purposes and recreational activities sponsored by District. (a) The specific City Property to be used for such purposes shall be those agreed upon from time to time between the Superintendent of Schools and the Director of Recreation and Parks of City. (b) City shall save and hold District harmless from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any dangerous or defective condition of City Property, including permanently installed recreation and play equipment situated on City Property. (c) City shall provide all maintenance and custodial services on City Property. (d) All permanent equipment owned by City on City Property and located within the specific areas agreed upon for use, may be used for such educational and recreational activities of District, and District shall provide all other materials and supplies to be used for such purposes. -4- (e) District shall provide all supervisory personnel for school-sponsored activities conducted by District on City Property hereunder. (f) District shall save and hold City harmless from all claims or causes of action for injury to persons or damage to property resulting from the negligence or inadequate supervision of any school-sponsored activities conducted by District on City Property hereunder. (g) District shall be responsible for any damage to City Property which may result from any school-sponsored activities being conducted by District on City Property hereunder. (h) District shall submit reports to City on the condition of City Property, equipments, and facilities used by District. 3. District shall pay.to City for personnel and equipment for community recreation activities to be adminis-. tered by City, One Dollar ($1.00) for each registered student in District's schools located within the city limits of the City of Rosemead, for each fiscal year that this Agreement shall be effective, except the fiscal year 1965-66 for which the payment shall be the sum of $1397.50. The number of registered students for the purposes of this paragraph shall be the number reported in District's School Report to the State Department of Education on the Fall Active Enrollment -5- at the end of the first school month of each fiscal year. In the event that schools are added within the city limits during a fiscal year (whether by new con- struction, annexation or otherwise) District's payment to City for such fiscal year, shall include a proration of such sum for each student in such additional achool or schools, for the portion of such year that such additional school or schools are within City's limits. 4. The term of this Agreement shall be for five (5) years, commencing on July 1, 1965; provided, however, that this Agreement may be terminated on the 30th day of June of any year upon either party giving written notice thereof to the other not later than the fifteenth day of March of such year. -6- • 0 IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and the Garvey School District, by'order of its Board of Directors, have caused this Agreement to be executed on each party's behalf by its duly authorized officers, the day and year first above written. - - CITY / ROSEMEA ~ Mayor ATTEST; C i ty C erk GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY APPROVED FOR FORM: ty Attorney - 7 - By Superintendent.ot Schools & Secretary to the Board of Education (Authorized Agent) BACKGROUND DOCUMENT COMMUNITY RECREATION A rDCCMCIJT THIS AGREEMENT, made and entered into as of the first day of July, 1970, by and between the City of Rosemead, herein- after called "City", and the Garvey School District of Los Angeles County, hereinafter called "District". WITNESSETH: WHEREAS, City operates and maintains public park and recreation facilities, hereinafter called "City Property", which are capable of being used by District for educational purposes and for District-sponsored recreation activities, and District operates and maintains certain school playgrounds and indoor school facilities, hereinafter called "School Property", which are capable of being used for community recreation activities sponsored and conducted by City; and WHEREAS, City and District desire to provide by contract for the use of such School property by City for community recreation activities and for the use of City property for educational purposes and recreational purposes sponsored by District in order to provide for a program of community recreation activities pursuant to Chapter 6, Division 12 of the Education Code, commending at Section 16551, and WHEREAS, Chapter 6 of Division 12 of the Education Code and Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code authorize cities and school districts to cooperate with each other in the development and execution of adequate programs of recreation, NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, it is agreed as follows: Page 1 of 5 I . District agrees to makc-.available to City certain selected school playground a.reas_and.indoor school facilities for community recreation activities. (a) The•specific areas.to be used-for such purposes shall 6, those agr:eed'_.upon"from time to time between the Director of Recreation and Parks of City and the Superin- tendent of District...-City.shall use said areas at such times and in such a manner so as not to interfere with their use for normal school purposes. - '(b)'"District shall save and hold City harmless from 'any aiid all'claims or-causes of action for injury to persons'or damage to•1property which may arise by reason ""of'any dangerous or defective condition of School Property, including permanently installed recreation and play equipment situated on School Property. '.(c) District shall provide all maintenance and custodial services for indoor facilities used by City. (d) All permanent equipment owned by District on School Property and located within the specific areas agreed upon for use, may be used for such community "'t'dec eat"i'on'activities;'and Ci-ty shall provide a1"1 other materials and equipment to be used in such community recreation activities. (e) City shall provide all supervisory personnel for community recreation activities conducted by City on School property hereunder. (f) City shall save and hold District harmless from all claims or causes of action for injury to persons or damage•to property resulting from the negligence or inadequate supervision of any community recreation activi- ties conducted by City on,School Property hereunder. (g) City shall. be responsible for any damage to School Property :.hic'r• may result from any community Page 2 Of 5 recreation activities being conducted by City on School Property hereunder. (h) City shall submit reports to District on the condition of school facilities used by City 2.,- City agrees to.make available to District City park and recreation areas for educational purposes and recreational activities-sponsored by.District., _(a)._ The specific City Property to be used for such purposes -shall..be. those agreed upon from time to time between~the•Superintendent of Schools.and the Director of. Retreat i on and. Parks- of _C i ty. (b). City shall, save and hold District harmless from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any_dangerous or defective condition of City Property, including,permanently installed recreation and play equipment situated on City Property. (c) City shall provide all maintenance and custodial services on City Property. (d) All permanent equipment owned by City on City Property-and.-located-within the specific areas agreed upon for use, may, be used for such educational and recreational activities of District, and District shall provide all other materials and supplies to be used for such.purposes. (e) District shall provide all supervisory personnel for school-sponsored activities conducted by District on City Property hereunder. (f) District shall save and hold City harmless from a.ll.c,laims or causes of action for injury to persons or damage to property resulting from the negligence or inadequate supervision of any school-sponsored'activities conducted by District on City Property hereunder. P a a e 31 of 5 (g) District shall be responsible for any damage to City property which may result from any school- sponsored activities being conducted by District on City property hereunder. (h) District shall submit reports to the City on the condition of City property, equipments, and facilities used by District 3. District shall pay to the City for personnel and equipment for community recreation activites to be administered by City, One Dollar and Fifteen'Cents ($1:15) for each registered student in District's schools located within the City limits of the City of Rosemead, for each fiscal year that this Agreement shall be effective. The number "of registered'students"for-the purposes of this paragraph shall be the number reported in District's School Report to the-State D'epartmentIof Education on the Fell Active Enrollment of the end of the first school month of each fiscal year. In the event that schools are added within the City limits during a fiscal year (whether by new construction, annexa- tion or otherwise). District's payment to City for such fiscal year, shall include'a proration of such sum for each student in such additional school or schools, for the portion of such year that such additional school or schools are within City's limits. 4. '-The term of'thi's Agreement shall'be'for one°(1) year, commencing on July 1, 1970; provided, however, that this Agreement may be terminated or extended on the 30th day of June, 1971, by mutual consent of the parties hereto. Page 4 of 5 IN WITNESS 1NEREOF, the City of Rosemead, by order of its City Council and the Garvey School District, by order of its Board of Directors, have caused this Agreement to be. executed on each party's behalf by its duly authorized officers, the day and year first above written. CITY OF 'ROSEMEAD By Mayor . .ATTEST... City.C.er GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By. By Superinten ent o oois • BACKGROUND DOCUMENT .v BREIVOGEL COUNTY OF LOS ANGELES COMMISSIONERS . -.A 01 ILANNINO ARTHUR J. BAUM I DIED M. GESHART THE REGIONAL PLANNING CO?1,%fISSION CHAIRMAN CH.EI DEPUTY DIRECTOR MRS. L. S. BACA 320 WEST TEMPLE STREET VICE-CHAIRMAN ANGELES. CALIFORNIA 90012 - ALSOH. O[ 1i E. ADD RNCTNV TELEPHONE 6389211 Louis KANASTER April 21, 1964 OwEn H. Lmin IRMA RUTMER SECRETARY TO THE COMMISSION Garvey School District 7661 East Newmark Avenue South San Gabriel, California Attention: Eldridge N.. Rice, Assistant Superintendent In Charge of Business Gentlemen: ciUBJECT: PROPOSED ACQUISITION: PRIMARY SCHOOL SITE SOUTH SIDE OF DOROTHY AVENUE 130 FEET EAST OF DEL MAR AVENUE The Regional Planning Commission at its regular meeting of April 21 1964 approved the proposed acquisition of a 2.4 acre primary ~K-3) school site located on the south sJde of Dorothy Avenue, 130 feet east of Del Mar Avenue and described as follows: Lots 5 through 9 of Tract No. 12539, in the County of Los Angeles, State of California, as per map recorded in Book 237, page 17, of Maps, in the office of the County Recorder of said County. Lot 6 of Tract No. 1276, in the County df Los Angeles, State of California, being a subdivision of a portion of Lot 86, Lands of San Gabriel Improvement Company, and a portion of Del Mar "venue, as per map recorded in Book 20, page 134, of Maps in the office of the County Recorder of said County excepting therefrom the westerly 135 feet. The Commission also approved the use of the property, which is located in Zone R-2, for school purposes only upon assurance that the undeveloped portion of the Garvey Memorial Recreation Center, adjacent to the school site, may be utilized for physical education purposes; and also subject to the following conditions: 1. That any portion of the site lying within 30 feet of the centerline of Dorothy Avenue be improved to County Road Department standards to include concrete curb, gutter, pavement, and sidewalk and be deeded or dedicated to the County for road purposes; May 4, 1964 Dr. William Xnif® Field Representative State of California Bureau of School Planning 217 W. First Street Los Angeles 129 California Re: Proposed acquisition new school site Dorothy Avenue 1 Dear Dr. Knife: We hereby request approval by the Bureau-of School Planning for the purchase of six parcels of land that will serve as a new school site on Dorothy Street. You will recall that the District Administration has met with officials of the County Parks and Recreation Department and have agreed on a joint use program for the property adjoining q' the proposed acquisition owned by the Department of Parks and=f~, 1. Recreation. ht d e 1 The six parcels of land in this proposed acquisition contain 2.4 x t acres which when added to the County Parks and Recreation property will give the District a site of 5.2 acres: ' 6 1 The Dorothy Site School will ultimately have 5 pupils in grades Xindergarten through Six with approximately. five per cent of tha . students to be transported, Enclosed please find the following:., (a) Eight (9) copies of the description of the proposed site. (b) A map of the site (c) A school district map showing existing sites, attendance areas, and school district boundries: (d) A copy of a letter from the loos Angeles County Planning Commission giving approval of the site. . - Yours truly Eldridge N. Rica - Assistant Superintendent - in Charge of Business a} .~w(i.. :~r•~.~C r~ j,r. < 3 ^`.i.-.s `M.t' p.~p m e - ~ s'-..~ tea •.r -par VICINITY v o 4 . ' h ~ II 7L~ 3e T#A 7er f c ~ r, 7 B I9 a ~ d~ ,l v api u se `WI70.25 1~ N A0 . C_ r f4Fe.C/ /'1A?$ .JS i . I ~12=h.-T[:nRnSCU IAQC6L' . W/bC6. , .GOLtlttY..tl, Or~OSi D_ A! C?I 1 I QiJ - DF P.OF P~,ag t. B~t1Fv1ClALdzGia^F.TIOI CgMTER- / . BOARD OF GWCAHCN • - E LRL. UM L CKoUUE. HIR pW . MRL ARLI NR M. MYELY. ra&REMGim ML W HENRY WINKLE!. CuRK ML RICHARD IKAYDE& MMM ML CHARM ROEHLL MRMBtB . ~ 0 RNRiUW ItERINNiE steam Famy AND rDuRnN nv mo' "RVEY SCHOOL DISTRICT D. "M Moab EAE ►AL Dr. No"4 R Dke, Swprriwtmdmf ATLANnC Oiiq 741 L NEWMARK AVENUE " CUMBERLAND I-WI SOUTH SAN BABRIEL CALIFORNIA January 13, 1965 Mr. Norman S. Johnson, Director Department of Parks and Recreation Room 1200, 1S5 West Washington Blvd. Los Angeles 15, California Dear Mr. Johnson: In conformity with previous written and verbal communication concerning both development and use of certain county owned property and Garvey School District owned property located immediately west of the improved portion of the Garvey Memorial Recreation Center, Garvey School District now attempts to set forth the details of a proposal for said joint development and use. Accompanying this communication are copies of the plot plan provided by your office which originally included the county owned area which was indicated in red. We have shaded in blue the school district owned property. Buildings which the school district is currently constructing are located west of the northerly parcel of county owned property. All permanent improvements such as asphalt concrete play areas and play equipment are to be located west of an extension of the westerly line of county property leaving the school owned area between the two county parcels unencumbered and available for joint development as an open play area. Reference is here made to a letter of November 7, 1963 over-the signature of Mr. Ronald F. Paige, then Parks Superintendent, in which an agreement is reached concerning the joint use of facilities. As noted in his letter a joint use agree- ment did not at that time appear necessary. In conformity with advice from your staff that a proposal is now in order, the following suggestions are made. The Garvey School District proposes: 1. That the Garvey School District and the Los Angeles County Department of Parks and Recreation engage in a joint development and joint use project involving the holdings of the two agencies as said holdings are identified on the enclosure previously referred to; 2. That the Garvey School District has designed its buildings so that lavatory facilities are adjacent to the open play area and will be available for use by both agencies; 3. That asphalt concrete game area and permanent playground equipment will be installed in areas which are available for use for out-of-school activities as well as during school hours; 4. That the two designated parcels of county owned area and the school district property which separates the two be cleared and graded in conformity with a topographical plan which will provide for proper drainage and for turfing, sprinkling and development as an open area games section (soft ball diamonds, etc.) It is proposed that each agency undertake the clearance and grading of the property owned by said agency with the grading plan coordinated; (continued next page) COUNCIL MEMORANDUM TO: ROSEMEAD CITY COUNCILMEMBERS FROM: CITY CLERK DATE: JULY.17, 1984 RE: DUFF ELEMENTARY SCHOOL/GARVEY PARK This memorandum is to notify you of the activities which took place in my office this morning. Around 10:00 a.m., Bob Miranda, called this office and asked me for a copy of the 1969 Agreement between the City and the Garvey School District and a copy of the facility use form which was prepared for the Garvey School District a few days ago. Copies of these were made available to him at 15 cents a page. Later this morning, Dr. Andrew Viscovich, came into my office and listened to the July 10th Council Meeting tape regarding this same subject matter. He also requested a copy of the material which had been given to the Council last week. This information was copied for him and he stated that he would probably be attending the adjourned meeting to be held tonight. MAYOR: MAYOR PRO TEM: COUNCILMEN: GARY A. TAYLOR LOUIS TURY, JR. ROBERT W. BRUESCH G.H."PAT" CLEVELAND JAY T. IMPERIAL RT 41_W 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213)2886671 ~N (Please Press Firmly) CITY OF ROSDEAD (Please Press Firmly) 8838 E. Valley Blvd., Rosemead, CA 91770 APPLICATION FOR USE OF FACILITIES (PLEASE READ RULES, REGULATIONS, AND FEE SCHEDULE ON BACK BEFORE COMPLE=ING~PPL CATION.) S'/~tMlL ~f~-c~ FACILITY Garvey Park AREA/ROOM DESIRED Turf Area B * POOL * as per,14/69 Agreement DAY(S) OF WEEK 5 days/week DATE(S) OF USE July thru August 1984 HOURS:8:00 to 3:00 p.m a.m. $TYPE OF ACTIVITY Physical Education, assemblies, games, etc. No. Attending i (NAME OF ORGANIZATION Garvey School District i TNAME C:--AePLICANT(Print) Garvey School District TITLE(if any) i 'ADDRESS OF APPLICANT 2730 N. Del Mar Ave. / Rosemead. CA / 91770 PHONE577-5820 ----Street City ________Zie_Code-------------------- CHECK IF EVENT WILL BE OPEN TO: If funds are to be raised, for what purpose? -Public/no charge. Children of Duff P.blic/by admission of $ -School Public/by donation of $ Percentage of Membership living in Rosemead? Members &'or guests at $ 25% _50% X100% ;INDICATE BELOW ANY SPECIAL EQUIPMENT REQUIRED AT FACILITY. BE SPECIFIC AS TO NO. AND ITEM. ; :ALSO, SHOW DESIRED SET-UP IN BOX PROVIDED. i ROOM SET-UP EO _ I TEM , Chairs Tables (31x8') n , F - P.A. System i , , , , o. , , , , ;USE OF KITCHEN: Yes-No-(if yes, Hours: to I hereby certify that I have read and will abide by all rules and regulations of the City. As a duiv authorized representative of the sponsoring organization, 3 on behalf of sponsoring organization, I agree to save, keep and bear harmless the City 8 all its officers d agents from all damages, cost of expense in law or equity (including costs of suit 8 expense for legal services) that may at any time arise or be set-up because of damages to property or death or injury to persons received or suffered by any reason of the operation of this organ- ization hereunder, or which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of sponsoring organization or any of its agents or employees whicn results in a dangerous or defective condition of property, or any damages occasioned by any negligent act or omission to act which amounts to negligence on the part of the City, its agents or employees in favor of either the sponsoring organization, its agents or employees or invs.tees of said sporasorirg/rganization. / Sionature L__tA_-A--C'~'L-C.1 PREPAYMENT OF CHARGES MUST BE KAU 8 1 FOR OFFICE USE ONLY Is facility availabl 7 Yes No TOTAL FEES DUE $ INVOICE NO. k Dated S-PRIOR-TO-USE_OR-FACILITY-USE_WILL BE C ELLED. APPROVED (-1DISAPPROVED rector ofMetr'eatron and Parks Uept. MEMORANDUM TO: CITY COUNCIL - Agenda Item FROM: DIRECTOR OF RECREATION & PARKS 5/13/69 SUBJECT: CITY-GARVEY SCHOOL DISTRICT DATE: Nov II 1869 AGREEMENT A joint powers agreement to guide the development and maintenance of the recent three-acre addition to Garvey Park is attached, and submitted for your review and action. The School District would be the prime user during the school day, while evening and summer use would be exclusively by the City. AMENDMENTS: 1) Agreement to be titled: "GARVEY PARK-DUFF SCHOOL JOINT DEVELOPMENT" 2) Item No. 3 modified to read: District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. encl. Garvey Park map Agreement CC: City Administrator , • 0 GARVEY PARK - DUFF SCHOOL JOINT DEVELOPMENT THIS.AGREEMENT is made by and between CITY OF ROSEMEAD, a municipal corporation ("City"), and the GARVEY SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"). RECITALS: WHEREAS, City, through its Recreation and Parks Department, has been conducting recreational activities for the Garvey School community, which activities have been financed under an agreement between City and District, and under which agreement District has furnished certain facilities to the recreational program of City; and WHEREAS, City and District wish to provide for the instal- lation and maintenance of certain facilities at and adjacent to Garvey Park, owned by City, and the Duff School, owned by District. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. City agrees to: (a) Furnish, install and maintain an adequate sprinkler system for the watering of the turf area, shown as area A on Exhibit I hereto. (b) Remove or trim trees as necessary in the area marked B on Exhibit I. (c) Maintain and replace parkway trees in the area marked Con Exhibit I. (d) Paint lines for delineating parking places in the parking area immediately north of the playground, shown as area D on Exhibit I. 2. District agrees to: (a) Plant and maintain the planting in the turf area, area A on Exhibit I. (b) Purchase and plant parkway trees in accordance with the Rosemead Street Tree Master Plan, in area C as shown on Exhibit I. • 0 (c) Remove the District's trailer- rrom its present location in the area not later than July 1, 1969. (d) Install chain and posts at the service drive entrance on Dorothy Avenue, in the location shown on Exhibit I. (e) Permit City to install sprinkler lines on the five feet of District's property immediately east of classroom walkways, in the shaded area of area A on Exhibit I. 3. District and City shall hold each.other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. 4. This agreement shall take effect when signed by both parties hereto. This agreement shall continue in effect in annual terms thereafter, provided that either party may terminate this agreement for any annual period not then in effect, by giving written notice to the other party at least sixty (60) days before the date of the.end of the annual period in effect. Termination of this agreement shall not require City to remove the sprinkler lines installed on the five feet of District's property immediately east of the classroom walkways. CITY OF ROSEMEAD Date: au / 1969 By l .Y~GLc6f f ~i~l GC% ctii Mayor Attest: G/ City Clerr GAR EY SCHOOL DISTRICT r Date: May 14 1969 By y~"Lch Eldridge N.j 'ce, Supt. 6 Secy to By Roard of Education (Authorized Agent) D m X N rN II D 0m r Z a Q Dm O ~1 m A z DO F V z m n 2 3 { r m 9 W ~j nrl r = m a cZ Go a N ~ r m =n 7 F oc ~ro z = fp n ~ t1 n ~ Q l~z-C T r7 TI D V F r J Z y ~ DOFF SCHOOL CLISS?aol-S 2 O N D n A -i r\ a n z 41 a to -n Dm d ~ p A D m co N N n n ' 3W On 0 N G 0m ~J :s ~i c ~G a c ~ I v / Cf i<i inl T!n Oni I r a C. I i IC. m ~J ro ~n. Ac. K= L 3 U 2 r~1 A v E. D D m o eiicad 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (21312886671 MEMORANDUM TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND,:RECREATION DATE: JULY 13, 1984 RE: PROPOSED RESOLUTION OF USE - GARVEY PARK AND DUFF SCHOOL The City of Rosemead acquired Garvey Park from the County of Los Angeles on May 22, 1967 (Exhibit 1), and the area adjacent to Duff School on October 13, 1967 (Exhibit 2, Area "A" on Map). In 1969, the City entered into an Agreement with the Garvey School District (Exhibit 3, Area "A" on Map) to develop the area adjacent to Duff School as a minor league baseball field. The School District has used the City property (Exhibit 4, Area "A") during the school year up through 1971 by means of a Joint Powers Agreement. Since then, they have continued to use this facility during school hours, as a matter of historical custom. This relationship worked well without conflict up until Monday, July 9, 1984. On July 2, 1984, the Garvey School District began summer school and at the same time opened the year-round school program at Duff School. Staff was informed on Monday, July 9, that the Garvey School District, through the Principal at Duff; had a resident removed from the turf area (Exhibit 4, Area "A"), which is City property. The individual was apparently using the small backstop (Exhibit 4, item 3) next to the classrooms during the school's operation. Staff informed the District that there was not a Joint Use Agreement for this facility and the use of City facilities (Exhibit 4, Area "A") needed to be scheduled/reserved through the City since it was City property. Subsequently, staff received a Facility Use Form from the Garvey School District the afternoon of July 9, 1984. During the Council Meeting of July 10, 1984, Mr. Lerma, the resident who was re- moved from the facility, indicated that he had several problems regarding Garvey Park and with trying to get answers to his questions when he came to the City Hall around 1:00 p.m. on July 9, 1984. I have reviewed this situation and feel that the following information would be helpful in clarifying these particular incidents. First, reference was made by Mr. Lerma that the two ball fields (see Exhibit 4, items 1 and 2) at Garvey Park MAYOR: MAYOR PRO TEM: COUNCILMEN: GARY A. TAYLOR LOUIS TORY, JR. ROBERT W. BRUESCH GA. PAT* CLEVELAND JAY T. IMPERIAL FRANK G. TRIPEPI July 13, 1984 Page 2 were "Reserved" and/or not capable of being used. He apparently was at the park around 9:00 a.m. Park staff, however, did not begin to work on the ball fields until 1:00 p.m. and "Reserved" signs were not put out until 1:30 p.m. Second, the staff person Mr. Lerma talked to at City Hall was Cathy Bradbury, Center Director at Garvey Park. She advised him that the property he was removed from belonged to the City, that after the ball fields are prepared, they are "Re- served" and taken out of use, and that Duff School uses the turf area during the week days. When he asked her why the school was using the field, Cathy indicated that he needed to discuss.that matter with the School District. Cathy advised Mr. Lerma that if he had any additional questions, he was more than welcome to give us a call. The crux of the present dilemma lies in two areas. First, Duff School will be using the turf area year-round as opposed to nine months. Second, a large portion of this area is owned by the City, however, the school needs to use it when it is in session. The solution to the dilemma appears to be in determining the uses there are for the City's portion of property adjacent to Duff School (Exhibit 4, Area "A"), and then determine how the uses can be addressed. First, the Department has not op- erated, nor does it envision operating a program at the area in question. Second, our maintenance of the minor league field has been performed during the school's - operation and this should continue without a conflict. Third, and most important, is the public's use and access to facilities: A) Historically, the minor league field has not been used on a drop in basis but reserved by organizations after 3:00 p.m.; B) The major league ball field (Exhibit 4, item 2) has and will continue to be available to the public on either a drop in basis or it can be reserved up until 1:00 p.m. when it is scheduled for maintenance; C) There are additional facilities at Zapopan Park that are open to the public for drop in or on a reserved basis; D) In addition to City facilities, the community and Department alike makes use of the various school sites throughout the City, provided the activity does not interfere with school functions. As indicated earlier, the Garvey School District has submitted a Facility Use Form for reserving that portion of property that is adjacent to Duff School and owned by the City'. Because of the unusual nature and policy setting circumstances, staff is recommending that the matter be reviewed by the City Council. It is recommended that if the Council approves the School District's exclusive use, they do so by way of the Facility Use Form process, as it establishes the date and time frames an applicant, i.e., School District, may use City facilities. It is also the tool that has been. used for many years and in various circumstances where- by other agencies, community groups, etc., are allowed to use City facilities. And finally, it allows the City to maintain control over its facilities during the time the facility has been reserved and or used by the applicant of an approved Facility Use Form. MDB:nv EXHIBIT "I" ,6T 7A - 2-66 f✓ ~I / V' 777 Recordingg Requested by County of Los Angeles When Recorded Mail to: CITY OF ROSEMEAD P.O. Box 399 Rosemead, Californd.a 2626 H0361 I r , 802 QUITCLAIM DEED 2 1 FREE 3 FOR VALUABLE CONSIDERATION, receipt of which is hereby 4 acknowledged, COUNTY OF LOS ANGELES, a body corporate and politic, 5 does hereby surrender, quitclaim and forever release to the CITY 6 OF ROSEMEAD, a municipal corporation, all of County's right, title 7 and interest in and to the real property described in Exhibit "A" g attached hereto and incorporated herein by reference. 9 SUBJECT TO: to 1. Easements, rights, rights of way, reservations, re- 11 strictions, covenants and conditions of record, if any. 12 2. The express condition that the real property conveyed 0 13 will be used by the CITY OF ROSEMEAD for public park and playground 14 purposes and that if and when said City fails, refuses or neglects oo 1. 0 ;1z 15 to maintain the said real property as a public park for park and u a o0„ 16 recreation purposes, title to the said real property shall imme- o U i iou" 17 diately revert to the COUNTY OF LOS ANGELES without further notice N T W J J t i Y~wf =2 18 and without the necessity of any affirmative action on the part of 3m` 0 ~ 19 the County to assert any rights in said property; and i 20 3. The express condition that at all times and under all 21 circumstances the real property quitclaimed herein shall be open 82 equally to residents of incorporated and unincorporated territory 23 and there shall be no discrimination against or preference, 24 gratuity, bonus or other benefit of any nature whatsoever given 25 / 26 / 27 / 28 / / I RECORDED IN OFFICIAL RECORDS 29 OF LOS ANGELES COUNTY, CALIF. Nin. 30 I 57 P35t 9 A.M. JUN 14 1967 31 / RAY E. LEE, County Recorder 32 / -1- r' 76TS77• - 2-66 • C 1 B K 03671 P ~ 803 n 3 4 5 6 7 8 9 to 11 12 Z 3 N 0 V Q 0 Y ~ F 0 Z~< a Z- u " o ? 0 Q I j N o<0 Z < u o zo"o W J J < Y J W f <u 3=: m< O Q N Je0 O J R t 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JAJ:emd 5-16-67 to residents of incorporated areas which are not also equally accorded residents of unincorporated territory. (SEAL) STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) '`Chairman, Board of Supervisors On this day of '7)1c-e c 1967 before me, JAMES S. MIZE, Clerk of the Board of Supervisors of the County of Los Angeles, residing therein, duly commissioned and sworn, personally appeared FRANK G. BONELLI known to me to be the Chairman of the Board of Supervisors of the County of Los Angeles and the person who executed the within in- strument on behalf of the County therein named, and acknowledged to me that such County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. JAMES S. MIZE, Clerk of the Board of Supervisors By j, i'c_ Deputy CERTIFICATE OF ACCEPTANCE This is to certi,fy.that the interest in real property conveyed by the deed or APPROVED AS TO FORM: grant here in, dated 7 HAROLD W. KENNEDY from Cov.vey of 1-0-5 County Counsel 6)- ,4 ✓I< (:;7 / ✓ez c i By<<b, evr o_ to the Li1Y OF R A a po itica corporation and/or governmental agency, i Deputy is hereby accepted pursuant to author- ity conferred by Resolution No, 66-69 of the City Council of the City of Rosemead, adopted on October 25, 1966 and the grantee consents to recordation thereof by itsduly authorized officer . y/ ~ Cit of C lif lif C y ornia ornia a a COUNTY OF LOS ANGELES By 76T6)]♦ - 2-66 D h D367 I P ' 804 1 2 3 4 5 6 7 8 9 10 11 12 J W z 13 z J , U 6 14 y-o t r m Ze` 15 °u=~6 z m }O Fin 16 0 < i Z < U o zOWa 17 Y j w F <u 18 ~zz o < O<N J.O 0 19 a = 20 21 22 23 24 25 26 27 28 29 30 31 32 GARVEY MEMORIAL RECREATION CENTER Lot 83, Lands of.the San Gabriel Improvement Company, in the City of Rosemead, County of Los Angeles, State of California, as shown on map recorded in Book 54, pages 71 and 72, of Miscellaneous Records, in the office of the Recorder of said county. EXHIBIT "A" 76TH". 1E 12 63 G /01% ~i RECD I CITY OF ROS1 CITY CLERK 8838 E. V~ ROSEMEAD, C' 2 3 4 5 6 7 8 9' 10 11 12 J m z 13 z 0 " = 14 i `a = o 0 15 U D LL _ _Z J` o.7 U m 16 W °<w z o s 17 W Y 6 310 18 m J Q b 0 19 C x 20 21 22 23 24 25 26 27 28 29 30 31 32 l IING REQUESTED BY: :MEAD.. When Recorded Mail To: . CITY OF ROSEMEAD BEY BLVD. 91770 EXHIBIT "2" . 3130 CUITCLAIH DEED C 8r,07278P0 f FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUINTY OF LOS ANGELES, a body corporate and politic, does hereby surrender, quitclaim and release to CITY OF ROSEMEAD, a municipal corporation, 3 all of Countyrs right, title and interest in and to the following described property located in the County of Los Angeles, State of California: Lots 10, 11, 12, 13 and 14, Tract No. 12539, in the City of Rosemead, County of Los Angeles, State of California, as shown on map recorded in Book 237, Page 17, of Maps, in the office of the Recorder of said county. RECORDED IN OFFICIAL RECORDS LOS ANGELES COUNTY. CA. MIN 10 AXOGT 13 1976 4-7 PAST Recorder's Uttice SUBJECT TO AND BUYER TO ASSLFNE: • 0 76T.%7,M Cdb 9.66 1 2~ 3 4 5 6 7 8 9 10 11 12 w 13 Z ~zo 14 ,so zp< 15 U N U - 16 <U z , U N zoN~ 17 W J J Y a u 3 Z z 18 a ❑ o n 019 c i 20 21 22 23 24 25 26 27 28 29 30 31 32 PrU278n232 1. Easements, rights, rights of way, reservations, restric- tions, covenants and conditions of record, if any. 2. The express conditions that the property so conveyed will be used by the City of Rosemead for public park and play- ground purposes and that if and when said City fails, refuses or neglects to operate and maintain said real property as a public park for parking and playground purposes, title to the said real property shall immediately and automatically revert to the County of Los Angeles without further notice and without the necessity of any affirmative action on the part of the county to assert any rights in said property. 3. The express condition that at all times and under all circumstances the said park shall be open equally to residents of incorporated and unincorporated territory and there shall be no discrimination against or preference, gratuity, bonus or other benefit in favor of residents of incorporated areas not equally accorded residents of unincorporated territory. 4. The express condition that the City of Rosemead shall at its own expense, and within a reasonable time after its acqui- sition of the property, relocate the existing structure situated on the land conveyed to a parcel of real property commonly known as "Parcel B" consisting of 1.37 acres fronting on Emerson Place between Del Mar and Kelburn Streets, provided, however, that the County of Los Angeles shall bear as much of the costs and expenses of such removal as are in excess of the sum of Five Thousand Dollars ($5,000.00) and that if said City fails, refuses or ne- glects to so remove said structure within one year after delivery of the deed to City, title to the real property to be conveyed to the City shall immediately and automatically revert to the County of Los Angeles without further notice and without the necessity of -2- :6757541-cab 12,33 1 2 3 4 5 6 7 8 s 10 11 12 i 13 3 0 U z 14 2 < i a z 'o X 0 15 U = J o a u 16 W < w N zoo`s 17 w Y ~ a 18 3=0 m J 0 19 e i 20 21 22 23 24 25 26 27 28 29 30 31 32 JAJ:emd 10-6-67 • • ~ - ~ FtD7Z78F~233 any affirmative action on the part of the County to assert any rights in said property. (SEAL) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES M airman, Boar o Supervisors SS: COUNTY OF LOS ANGELES ) ON this 11i`kday of ffi; ~V 1967, before me, JAMES S. MIZE Clerk of the Board of Supervisors of the County of Los Angeles, State of California, residing therein, duly commissioned and sworn, personally appeared FRANK G.BONELLI known to me to be the Chairman of the Board of Supervisors of the County of Los Angeles and the person who executed the within instrument on behalf of the County therein named, and acknowledged to me that such County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal the day and year first above written. APPROVED AS TO FOR14: JAMES S. MIZE Clerk of the Board of (Supervisors -Deputy/ HAROLD W. :O;NNEDY County Counsel , • 1 r, c'/ Byi -7 / j Deputy -3- • r. C a C: h n T n C n `t V ' m a CD CD w n w h C m n 00 0 r 0 W N rt n W n rt ro 0 b H ~.J I ~~J1 Y' I 4 i VVV I~ s , r. R J r o ~I 4 --GO c N ~ tl nn 0 m n ? 3 s ~s Y r Z r U v. 14/ D ~ o CDZ G ~T !ln O ~R Ql~ m V n 79 r --J~- - - N9 v"J _ K E L B U 2NJ ic l0 1 i ~ 2j r= A vE • EXHIBIT "3" GARVEY PARK - DUFF SCHOOL JOINT DEVELOPMENT THIS AGREEMENT is made by and between CITY OF ROSEMEAD, a municipal corporation ("City"), and the GARVEY SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"). orr IYAI c_ WHEREAS, City, through its has been conducting recreational community, which activities, have between City and District, and u has furnished certain facilities City; and Recreation and Parks Department, activities for the Garvey School been financed under an agreement nder which agreement District to the recreational program of WHEREAS, City and District wish to provide for the instal- lation and maintenance of certain facilities at and adjacent to Garvey Park, owned by City, and the Duff School, owned by District. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. City agrees to: (a) Furnish, install and maintain an adequate sprinkler system for the watering of the turf area, shown as area A on Exhibit I hereto. (b) Remove or trim trees as necessary in the area marked B on Exhibit I. (c) Maintain and replace parkway trees in the area marked C on Exhibit I. (d) Paint lines for delineating parking places in the parking area immediately north of the playground, shown as area D on Exhibit I. 2. District agrees to: (a) Plant and maintain the planting in the turf area, area A on Exhibit I. (b) Purchase and plant parkway trees in accordance with the Rosemead Street Tree Master Plan, in area C as shown on Exhibit I. • L J (c) kemove the District's trailer- rrom its present location in the area not later than July 1, 1969. (d) Install chain and posts at the service drive entrance on Dorothy Avenue, in the location shown on Exhibit I, (e) Permit City to install sprinkler lines on the five feet of District's property immediately east of classroom walkways,.in the shaded area of area A on Exhibit I. 3, District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. 4. This agreement shall take effect when signed by both parties hereto. This agreement shall continue in effect in annual terms thereafter, provided that either party may terminate this agreement for any annual period not then in effect, by giving written notice to the other party at least sixty (60) days before the date of the end of the annual period in effect. Termination of this agreement shall not require City to remove the sprinkler lines installed on the five feet of District's property immediately east of the classroom walkways, Date: -2 as /y 1969 Date: May 14 1969 CITY OF ROSEMEAD By / Mayor Attest: City Clerk GAR}lEY SCHOOL DISTRICT By ~Clhcc <<;.L y7 LcLC- Eldridge N.;1ce, Supt. & Secy to By RnaId of Education (Authorised Agent • r G> T r. n ~ J I 1< H G a n m H m s 0 r d r N ft H r n rt b H 0 rn I-< D i 1~ ? 3 rn z K. 'm !V _Irl 10 J r o c c~ u R, n fir z ~z U. u' m Y rt ~ '~9 3 r c r o A. H I - N .n ~G -q c I.•. ID WZ J Do ~ m K E L 3 U 2 i S - ~N' {c! I J r o H 1 A V E 0 0 -3 A V ~an~-i zi i ~Qf ~1 r J _ -t i I ~rJ OvO O ' z . N I~ r 0 cc • as f J~1 N - I H w . _r m. J~ - ~r F -f r. O n 'n z~ 2 ~ r ~ ~u m~ Fz .5 J ? ~ W x W C l U r/ 1 1 L..1- Q 1 W V • 0 (Please Press Firmly) CITY OF ROSEITM (Please Press Firmly) 8838 E. Valley Blvd., Rosemead, CA 91770 APPLICATION FOR USE OF FACILITIES (PLEASE READ RULES,-REGULATIONS, AND FEE SCHEDULE ON BACK BEFORE COMPLE ING PPL CATION.) FACILITY Garvey Park - AREA/ROOM DESIRED Turf Area B * POOL * as per,417'14/69 Agreement DAY(S) OF WEEK 5 da;tc/week DATE(S) OF USE July thru August 1984 HOURS:8:00 to 3:00 p.m. a.m. :TYPE OF ACTIVITY Physical Education, assemblies, games, etc. No. Attending :NAME OF ORGANIZATION Garvey School District iNAME C:-4ePLICANT(Print) Garvey School District TITLE(if any) ,ADDRESS OF APPLICANT 2730 N. Del Mar Ave. / Rosemead. CA / 91770 PHONE571-5820 Street City Zie_Code------------------ CHECK IF EVENT WILL BE OPEN TO: If funds are to be raised, for what purpose? Public/no charge. Children of Duff P.bIic/by adwission of $ School _Public/by donation of $ Percentage of Membership living in Rosemead? Members S.'nr guests at $ _25% _50$ X100% ;INDICATE BELOW ANY SPECIAL EQUIPMENT REQUIRED AT FACILITY. BE SPECIFIC AS TO NO. AND ITEM. ; ;ALSO, SHOW DESIRED SET-UP IN BOX PROVIDED. ; , ROOM SET-UP , ' NO I TE.4 , ' Chairs , Tables (31x8') °n 1 F _ P.A. System , , i i , i o J, n, , i USE OF KITCHEN: Yes No (If yes, Hours: to ) - I hereby certify that I have read and will abide by all rules and regulations of the City. As a duiv authorized representative of the sponsoring organization, 8 on behalf of sponsoring organization, I agree to save, keep and bear harmless the City 3 all its officers d agents from all damages, cost of expense in law or equity (including costs of suit 8 expense for legal services) that may at any time arise or be set-up because of damages to property or death or injury to persons received or suffered by any reason of the operation of this organ- ization hereunder, or which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of sponsoring organization or any of its agents or employees whicn results in a dangerous or defective condition of property, or any damages occasioned by any negligent act or omission to act which amounts to negligence on the part of the City, its agents or employees in favor of either the sponsoring organization, its agents or employees or invitees of said sporalsorirg~rganization. S i anature l 1 i1.-'(- t- 'I-'LL a-Gl PRE--PAYMENT_OF_CHARGES_MUST BE_tfAp FOR OFFICE USE ONLY Is facility availabl 7 Yes No TOTAL FEES DUE $ INVOICE NO. 4 hf^✓ Dated RIOR TO USE OR-FACILITY USE WILL BE C ELLED__ -----APPR01'ED------- O DISAPPROVED rector on and Parks Dept. 0 • BACKGROUND DOCUMENT AGREEMENT THIS AGREEMENT, made and entered into as of the first day of July, 1965, by and between the City of Rosemead, hereinafter called "City", and the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called "District": WITNESSETH: WHEREAS, City operates and maintains a public park and certain recreation facilities, hereinafter called "City Property", which are capable of being used by District for educational purposes and for District-sponsored recreation activities, and District operates and maintains certain school playgrounds and indoor school facilities, hereinafter called "School Property", which are capable of being used for community recreation activities sponsored and conducted by City; and WHEREAS, City and District desire to provide by contract for the use of such School Property by City for community recreation activities and for the use of City Property for educational purposes and recreational purposes sponsored by District in order to provide for a program of community recreation activities pursuant to Chapter 6, Division 12 of the Education Code, commencing at.Section. • 0 L a 16551, and WHEREAS, Chapter 6 of Division 12 of the Education Code, and Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code authorize cities and school districts to cooperate with each other in the development and execution of adequate programs of recreation, NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, it is agreed as follows: 1. District agrees to make available to City certain selected school playground areas and indoor school facilities for community recreation activities. (a) The specific areas to be used for such purposes shall be those agreed upon from time to time between the Director of Recreation and Parks of City and the Superintendent of District. City shall use said areas at such times and in such a manner so as not to interfere with their use for normal school purposes. (b) District shall save and hold City harm- less from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any dangerous or defective condition of School Property, including permanently -2- • 0 installed recreation and play equipment situated on School Property. (c) District shall provide all maintenance and custodial services for indoor facilities used by City. (d) All permanent equipment owned by District on School Property and located within the specific areas agreed upon for use, may be used for such community recreation activities, and City shall provide all other materials and equipment to be used in such community recreation activities. (e) City shall provide all supervisory personnel for community recreation activities conducted by City on School Property hereunder., (f) City shall save and hold District harmless from all claims or causes of action for injury to persons or damage to property resulting from the negligence or inadequate supervision of any community recreation activities conducted by City on School Property hereunder. (g) City shall be responsible for any damage to School Property which may result from any community recreation activities being conducted by City on School Property hereunder. -3- • 0 (h) City shall submit reports to District on the condition of school facilities used by City. 2. City agrees to make available to District City park and recreation areas for educational purposes and recreational activities sponsored by District. (a) The specific City Property to be used for such purposes shall be those agreed upon from time to time between the Superintendent of Schools and the Director of Recreation and Parks of City. (b) City shall save and hold District harmless from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any dangerous or defective condition of City Property, including permanently installed recreation and play equipment situated on City Property. (c) City shall provide all maintenance and custodial services on City Property. (d) All permanent equipment owned by City on City Property and located within the specific areas agreed upon for use, may be used for such educational and recreational activities of District, and District shall provide all other materials and supplies to be used for such purposes. -4- 16- (e) District shall provide all supervisory personnel for school-sponsored activities conducted by District on City Property hereunder. (f) District shall save and hold City harmless from all claims or causes of action for injury to persons or damage to property resulting from the negligence or inadequate supervision of any school-sponsored activities conducted by District on City Property hereunder. (g) District shall be responsible for any damage to City Property which may result from any school-sponsored activities being conducted by District on City Property hereunder. (h) District shall submit reports to City on the condition of City Property, equipments, and facilities used by District. 3. District shall pay to City for personnel and equipment for community recreation activities to be adminis- tered by City, One Dollar ($1.00) for each registered student in District's schools located within the city limits of the City of Rosemead, for each fiscal year that this Agreement shall be effective, except the fiscal year 1965-66 for which the payment shall be the sum of $1397.50. The number of registered students for the purposes of this paragraph shall be the number reported in District's School Report to the State Department of Education on the Fall Active Enrollment -5- 0 all at the end of the first school month of each fiscal year. In the event that schools are added within the city limits during a fiscal year (whether by new con- struction, annexation or otherwise) District's payment to City for such fiscal year, shall include a proration of such sum for each student in such additional achool or schools, for the portion of such year that such additional school or schools are within City's limits. 4. The term of this Agreement shall be for five (5) years, commencing on July 1, 1965; provided, however, that this Agreement may be terminated on the 30th day of June of any year upon either party giving written notice thereof to the other not later than the fifteenth day of March of such year. J -6- IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and the Garvey School District, by order of its Board of Directors, have caused this Agreement to be executed on each party's behalf by its duly authorized officers, the day and year first above written. ATTEST; By.y.~. l `,r C C r~~ /j City Clerk APPROVED FOR FORM: City Attorney CITY OF ROSEMEA/f71^ 1 Mayor GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY BY By Superinten ent o Schools & Secretary to the Board of Education (Authorized Agent) - 7 - BACKGROUND DOCUMENT OMMUNITY RECREATION AGREEMENT THIS AGREEMENT, made and entered into as of the first day of July, 1970, by and between the City of Rosemead, herein- after called "City", and the Garvey School District of Los Angeles County, hereinafter called "District". WITNESSETH: WHEREAS, City operates and maintains public park and recreation facilities, hereinafter called "City Property", which are capable of being used by District for educational purposes and for District-sponsored recreation activities, and District operates and maintains certain school playgrounds and indoor school facilities, hereinafter called "School Property", which are capable of being used for community recreation activities sponsored and conducted by City; and WHEREAS, City and District desire to provide by contract for the use of such School property by City for community recreation activities and for the use of City property for educational purposes and recreational purposes sponsored by District in order to provide for a program of community recreation activities pursuant to Chapter 6, Division 12 of the Education Code, commending at Section 16551, and WHEREAS, Chapter 6 of Division 12 of the Education Code and Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code authorize cities and school districts to cooperate with each other in the development and execution of adequate programs of recreation, NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of law hereinabove referred to, it is agreed as follows: Page 1 of 5 • 0 1. District agrees to mai<c available to City certain selected school playground areas and indoor school facilities for community recreation activities. (a) The specific areas to be used for such purposes shall be those- agreed upon from time to time between the Director of Recreation and Parks of City and the Superin- tendent of District.. City shall use said areas at such times and in such a manner so as not to interfere with their use for normal school purposes. (b) District shall save and hold City harmless from any and all claims or causes of action for injury to persons or damage to property v,hich may arise by reason of any dangerous or defective condition of School Property, including permanently installed recreation and play equipment situated on School Property. (c) District shall provide all maintenance and custodial services for indoor 'facilities used by City. (d) All permanent equipment owned by District on School Property and located within the specific areas agreed upon for use, may be used, for such community recreation activities, and City shall provide all other materials and equipment to be used in such community recreation activities. (e) City shall provide all supervisory personnel for community recreation activities conducted by City on School property hereunder. (f) City shall save and hold Dis'triet harmless from all claims or causes of action for injury to persons or damage to property resul tine from the negligence or inadequate supervision of any community recreation activi- ties conducted by City on School Property hereunder (o) City si-a11 be responsible fcr any damage to School ?raid:rt%, '.'.h lch may res uIL ror% arty CO:OmUnit y Paoc _ of i i • recreation activities bcinc conducted by City on School Property hereunder. (h) City shall submit reports to District on the condition of school facilities used by City. 2. '.City agrees to make available to District City park and recreation areas for educational purposes and recreational activities sponsored by District. (a) The specific City Property to be used for such purposes shall be those agreed upon from time to time between the Superintendent of Schools and the Director of Recreation and Parks of City. (b) City shall save and hold District harmless from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any dangerous or defective condition of City Property, including permanently installed recreation and play equipment situated on City Property. (c) City shall provide all maintenance and custodial services on City Property. (d) All permanent equipment owned by City on City Property and located within the specific areas agreed upon for use, may be used for such educational and recreational activities of District, and District shall provide all other materials and supplies to be used for such purposes. (e) District shall provide all supervisory personnel for school-sponsored activities conducted by District on City Property hereunder. (f) District shall save and hold City harmless from all claims or causes of action for injury to persons or damaee to property resulting from the negligence or inadequate supervision of any school-sponsored activities conducted by District on City Property hereunder. .~-'a OC- j Cf ~ E 0 (g) District shall be responsible for any damage to City property which may result from any school- sponsored activities being conducted by District on City property hereunder. (h) District shall submit reports to the City on the condition of City property, equipments, and facilities -used by District. 3. District shall pay to the City for personnel and equipment for community recreation activites to be administered by City, One Dollar and Fifteen Cents ($1.15) for each registered student in District's schools located within the City limits of the City of Rosemead, for each fiscal year that this Agreement shall be effective. The number of registered students for the purposes of this paragraph shall be the number reported in District's School Report to the State Department of Education on the Fall Active Enrollment of'the end of the first school month of each fiscal year. In the event that schools are added within the City limits during a fiscal year (whether by new construction, annexa- tion or otherwise) District's payment to City for such fiscal year, shall include a proration of such sum for each student in such additional school or schools, for the portion of such year that such additional school or schools are within City's limits. 4. The term of this Agreement shall be for one (1) year, commencing on July 1, 1970; provided, however, that this Agreement may be terminated or extended on the 30th day of June, 1971, by mutual consent of the parties hereto. Page 4 of 5 I t t!IT NE SS 1.HEREOF, the C i ty of Rosemead, by order of i is City Council and the Garvey School District, by order of its Board of Directors, have caused this Agreement to be. executed on each party's behalf by its duly authorized officers, the day and year first above written. CITY OF ROSEMIEAD ATTEST: By City C er By yor GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By By super intendent or Schools BACKGROUND DOCUMENT v BREIVDGEL COUNTY OF LOS ANGELES U90i PL/.MNINO I.+CD M. GEBHART THE REGIONAL PLANNING CO',,1,\IISSION CH.CI DEPUTY DIRECTOR 320 WEST TEMPLE STREET LOS ANGELES. CALIFORNIA 90012 TELEPHONE 6269211 April 21, 1964 Garvey School District 7661 East Newmark Avenue South San Gabriel, California Attention: Eldridge N. Rice, Assistant Superintendent In Charge of Business Gentlemen: COMMISSIONERS ARTHUR J. BAUM CHAIRMAN MRS. L. S. BACA VICE-CHAIRMAN ALSON E. ASERNETNY LOUIE KANAVTER Ow[N H. LEwu IRMA RUTNER SECRETARY TO THE COMMISSION aUBJECT: PROPOSED ACQUISITION: PRIMARY SCHOOL SITE SOUTH SIDE OF DOROTHY AVENUE 130 FEET EAST OF DEL M4R AVENUE The Regional Planning Commission at its regular meeting of April 21 1964 approved the proposed acquisition of a 2.4 acre primary N-3) school site located on the south side of Dorothy Avenue, 130 feet east of Del Mar Avenue and described as follows: Lots 5 through 9 of Tract No. 12539, in the County of Los Angeles, State of California, as per map recorded in Book 237, page 17, of Maps, in the office of the County Recorder of said County. Lot 6 of Tract No. 1276, in the County df Los Angeles, State of California, being a subdivision of a portion of Lot 86, Lands of San Gabriel Improvement Company, and a portion of Del Mar ,venue, as per map recorded in Book 20, page 134, of Maps in the office of the County Recorder of said County excepting therefrom the westerly 135 feet. The Commission also approved the use of the property, which is located in Zone R-2, for school purposes only upon assurance that the undeveloped portion of the Garvey Memorial Recreation Center, adjacent to the school site, may be utilized for physical education purposes; and also subject to the following conditions: 1. That any portion of the site lying within 30 feet of the centerline of Dorothy Avenue be improved to County Road Department standards to include concrete curb, gutter, pavement, and sidewalk and be deeded or dedicated to the County for road purposes; Y 11ii We hereby request approval by the Bureau of School Planning for the purchase of six parcels of land that will serve as a new school site on Dorothy Street. You will recall that the District Administration has met with officials of the County Parks and Recreation Department and have agreed on a joint use program for. the property adjoining the proposed.acquisition owned by the Department. of Parks and F Recreation. The six parcels of land in this proposed acquisition contain 2.4 acres which when added to the County Parks and Recreation property will give the District a site of 5.2 acres. The Dorothy Site School will ultimately have 501 pupils in grades Kindergarten through Six with approximately.five per cent of the students to be transported. Enclosed please find the following: (a) Eight (9) copies of the description of the proposed site. (b) A map of the site (c) A school district map showing existing sites,attendanca j areas, and school district boundries• ' (d) A copy of a letter,from the Los Angeles County Planning Cae:ai.ssion giving approval of the site. . Yours truly Eldridge N. Rice Assistant Superintendent in Charge of Business n~h M ~s5 I J r. I! ~ r 1p i. 4GOf` : L.6tM~ Am 44 (Frio) ~-r saw o~sr. RdY •s-)-fit) N R! a. VICINITY MAP L L ice/ 77 free . c $ G 7 U 1 9 e( rr id l M a u n w~ - ff 2 19 . / a ~ \9 'B46.sd ~ ~ .79 ;If 7 .7 faG L!/ /7a as 11176 I LTStit. ~ YT:O PL1SGLl 3.3-_ .'Ja~~L~ f]:r~1+ ~ C * OP05= D-- l 'i ICON - D FPi. or ParnY,,,s 1 -tiZ,~[Yi~li.!`t"+yr...1a1tF~ rtTi-i+w: MT. Y n r moo" OF OUCATIO" ML Uf H L CNAILLE. FRRRIDRNF . MRS. ARLSNI M. RIPELY, "CR+RWUUD ML IL HENRY WINKLU. CLM ML RICHARD RLAYDES. WR MR. CHARM FROENLE. NRYIRR uWw Mm"63 fwo m FRUUY AMR FOURTH TR s"v 6ARVEY SCHOOL DISTRICT W MR MCIDN. RJR VAL Dr. Norreft R Dire, SRlperiRUmd w ATAIMC RR/IY 7"1 E. NEWMARK AVENUE- - CUUURIANO 1101 SOUTH SAN GARRIEL CALIFORNIA January 13, 1965 Mr. Norman S. Johnson, Director Department of Parks and Recreation Room 1200, 155 West Washington Blvd. Los Angeles 15, California Dear Mr. Johnson: In conformity with previous written and verbal communication concerning both development and use of certain county owned property and Garvey School District owned property located immediately west of the improved portion of the Garvey Memorial Recreation Center, Garvey School District now attempts to set forth the details of a proposal for said joint development and use. Accompanying this communication are copies of the plot plan provided by your office which originally included the county owned area which was indicated in red. We have shaded in blue the school district owned property. Buildings which the school district is currently constructing are located west of the northerly parcel of county owned property. All permanent improvements such as asphalt concrete play areas and play equipment are to be located west of an extension of the westerly line of county property leaving the school owned area between the two county parcel; unencumbered and available for joint development as an open play area. Reference is here made to a.letter of November 71, 1963 over the signature of Mr. Ronald F. Paige, then Parks Superintendent, in which an agreement is reached concerning the joint use of facilities. As noted in his letter a joint use agree- ment did not at that time appear necessary. In conformity with advice from your staff that a proposal is now in order, the following suggestions are made. The Garvey School.District proposes: 1. That the Garvey School District and the Los Angeles County Department of Parks and Recreation engage in a joint development and joint use project involving the holdings of the two agencies as said holdings are identified on the enclosure previously referred to; 2. That the Garvey School District has designed its buildings so that lavatory facilities are adjacent to the open play area and will be available for use by both agencies; 3. That asphalt concrete game area and permanent playground equipment will be installed in areas which are available for use for out-of-school activities as well as during school hours; 4. That the two designated parcels of county owned area and the school district property which separates the two be cleared and graded in conformity with a topographical plan which will provide for proper drainage and for turfing, sprinkling and development as an open area games section (soft ball diamonds, etc.) It is proposed that each agency undertake the clearance and grading of the property owned by said agency with the grading plan coordinated; (continued next page) MEMORANDUM TO: CITY COUNCIL - Agenda Item FROM 5/13/69 SUBJECT: CITY-GARVEY SCHOOL DISTRICT AGREEMENT n DIRECTOR OF RECREATION & PARKS DATE: May 8 1969 A joint powers agreement to guide the development and maintenance of the recent three-acre addition to Garvey Park is attached, and submitted for your review and action. The School District would be the prime user during the school day, while.evening and summer use would be exclusively by the City. AMENDMENTS: 1) Agreement to be titled: "GARVEY PARK-DUFF SCHOOL JOINT DEVELOPMENT" 2) Item No. 3 modified to read: District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may.at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. encl. Garvey Park map Agreement cc: City Administrator F--, .,*,v a GARVEY PARK - DUFF SCHOOL JOINT DEVELOPMENT THIS AGREEMENT is made by and between CITY OF ROSEMEAD, a municipal corporation ("City"), and the GARVEY SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California ("District"). RECITALS: WHEREAS, City, through its Recreation and Parks Department, has been conducting recreational activities for the Garvey School community, which activities have been financed under an agreement between City and District, and under which agreement District has furnished certain facilities to the recreational program of City; and WHEREAS, City and District wish to provide for the instal- lation and maintenance of certain facilities at and adjacent to Garvey Park, owned by City, and the Duff School, owned by District. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. City agrees to: (a) Furnish, install and maintain an adequate sprinkler system for the watering of the turf area, shown as area A on Exhibit I hereto. (b) Remove or trim trees as necessary in the area marked B on Exhibit I. (c) Maintain and replace parkway trees in the area marked C on Exhibit I. (d) Paint lines for delineating parking places in the parking area immediately north of the playground, shown as area D on Exhibit I. 2. District agrees to: (a) Plant and maintain the planting in the turf area, area A on Exhibit I. (b) Purchase and plant parkway trees in accordance with the Rosemead Street Tree Master Plan, in area C as shown on Exhibit I. (c) move the District's traile% rom its present location in the area not later than July 1, 1969. (d) Install chain and posts at the service drive entrance on Dorothy Avenue, in the location shown on Exhibit I. (e) Permit City to install sprinkler lines on the five feet of District's property immediately east of classroom walkways, in the shaded area of area A on Exhibit I. 3. District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, or personal injury, including wrongful death, arising out of or connected with the performance of the respective obligations of City and District under this agreement. 4. This agreement shall take effect when signed by both parties hereto. This agreement shall continue in effect in annual terms thereafter, provided that either party may terminate this agreement for any annual period not then in effect, by giving written notice to the other party at least sixty (60) days before the date of the end of the annual period in effect. Termination of this agreement shall not require City to remove the sprinkler lines installed on the five feet of District's property immediately east of the classroom walkways. Date: / 1969 Date: May 14 1969 CITY OFppROSEMEA,D> By Mayor Attest: City Clerk - GARfY• SCHOOL DISTRICT B y . Eldridge N. ce, Supt. & Secy to By Board of Education (Authorized Agent) DUFF SCHOOL CZASS?oonS X y ti U D Om G> D rn D N n C r _ Z D O D . O mm 0 70 Z D0 T 3 n z { m m V1 pp 9 n ~ r s m n o c Z a .4 Z 3 ~ N a (p r UO p Z 6) r n -i Dc 0 c tJ N m n M N D W On 3 r Or A ~ r ~ 0 0 c c zz G A zo O r ~ @ n o 0m r ~ 41 m a, m ° c 6=:1--K-E- A V E. I / L a L D ~ A Z d !a D n m N Q I' i D a Dm D J da BOARD OF EDUCATION MR. CHARLES FROEHLE, PRESIDENT MR. SETH B. CHAILLE, VICE-PRESIDENT MRS. ARLENE M. BITELY, CLERK MR. M. HENRY WINKLER, MEMBER MR. RICHARD BLAYDES, MEMBER GARVEY SCHOOL DISTRICT EL )RIDGE N. RICE, Superintendent 7661 EAST NEWMARK AVENUE ROSEMEAD, CALIFORNIA. 91770 May 16, 1969 REGULAR MEETINGS SECOND THURSDAY AND FOURTH FRIDAY OF THE MONTH, 8:00 P.M. '.ATLANTIC 0-6117 CUMBERLAND 3-1671 City of Rosemead 8838 E. Valley Boulevard Rosemead, California,91770 Attention: Wanda E. Andersen City Clerk Dear Mrs. Andersen:,. In accordance.wth instructions contained in your letter dated'May 14, we are returning herewith two (2) completely executed copies of the agreement between our school district and the City of Rosemead for development and maintenance of the park property adjacent to our Duff School. Our Board of Education approved the agreement at the regular meeting held Thursday evening, May 8,. 1969. Sincerely, n Z" Eldridge N. Rice Superintendent and Secretar"y'to'the Board of Education (Authorized Agent) encs. bw Z},>'- 'iY- -ter t I\\ r\~a\f i of a: May 14, 1969 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213) 2886671 Mr. Eldridge N. Rice, Superintendent Garvey School District 7661 East Newmark Avenue Rosemead, California Subject: Joint Powers Agreement Dear Sir: Enclosed are three copies of the subject agreement fully executed on the part of the City and adopted by the City Council on May 13, 1969. Will you please sign and return two copies to this office. The third one is for your file. If you have any further questions, please do not hesitate to contact this office. Very truly yours, Wanda E. Andersen City Clerk Encs. (3) MAYOR: MAYOR PRO TF.M: ARNOLD C. ANDERSEN H. C. WHIDDON COUNCILMEN: STUART H. MAUDE KENNETH M. PIKE PAUL S. TAYLOR CITY AD.VINISTRATOR: MILTON R. FARRELL t Y Y ft , S F N J F i W . 00 ° N DEL MAR 0 AV E. C. 'u 2 7 11/0 '141 'S 95.5/ 85 6433 I so /00 SO SO NI I 6~-LJ c'a rd ~~I 411 - IG`1 !Z w Oh O C JV lD Sp~ O~ 5~ kt 4. a N ti w rJ N G o O 1 i I p 114 y, 20/ 5 1 as.s/ I A I O So SO I 5B.Z2 ss0'.r . -90.5/ ru 0 0l -r - 2/0.72 -7814 90.5/ X75.51 85 O 210.72 i -7'321 O : _ ~ rn v ~ 2/x.71 7~ZZ i G3Z 175.51 114.33 7824 -7:;: 289.84 O d-4 5271 i _ O I . w 210.71 0 4 . O ~Y°y a3e7 /00 1 /89. B¢ - - - OD7Pj' 3 i - ICI OO T._ O za9 e¢ 210.70 7 5 w 210.70 A 215.69 7e-Z 74 - SO to 215.69 ~a o ro o _ z= Z. o. u 2/5.68 2 N Z 215.68 m 7L=~ co~-I 289.84 /00 2 LS. 6B SO `z 25 gLVG 5aT Y: - Page Six C/C 5/13/69 17. 4 18 E. BENTEL AVENUE, IVAR AVENUE TO ROSEMEAD BOULEVARD - TIME LIMIT PARKING. Traffic Engineer Envall advised the Council that the "No Parking At Anytime" restrictions on the north side of Bentel Ave, has placed an apparent hardship on the doctor's offices regarding patient parking, and therefore the Commission recommended that "2 Hour, 9 A.M. - 6 P.M., Sundays Excepted" regulations be placed on the south side of Bentel Avenue between the subject limits. It was moved by Councilman Pike, second by Councilman Whiddon, and carried, that the foregoing recommendation be approved. Councilman Maude abstained from voting on the above. NEW BUSINESS CALIFORNIA CHRISTIAN HOME DONATION. Mr. Ralph Laudenslayer, Director of Recreation and Parks, pre- sented a check for $300 received from the California Christian Home to be used towards play equipment at Delta/Mission Park. It was moved by Councilman Maude, second by Councilman Pike, and unanimously carried, that a letter be forwarded to the California Christian Home expressing appreciation to those who contributed to this donation. SPECIAL PRESENTATION RESOLUTION NO. 69°21:. HONORING DON BUMBAUGH OF WILLIAMDALE FLORIST. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD COMMENDING DON BUMBAUGH. Mayor Andersen presented Mr. Bumbaugh with the above perma- plaqued resolution and read it in its entirety. It was moved by Councilman Whiddon, second by Councilman Maude, and unanimously carried, that Resolution No. 69-24 be adopted, NEW BUSINESS APPROVAL OF AGREEMENT WITH GARVEY SCHOOL DISTRICT. City Administrator Farrell presented this agreement and stated that the purpose of said agreement is to guide the development and maintenance of the recent three-acre addition to Garvey Park. He recommended that the Council approve the agreement, subject to the following amendment changes: 1. That the agreement be titled "Garvey Park-Duff . School Joint Development"; and 2. That Item No. 3 be modified to read: District and City shall hold each other harmless from all damages, costs, claims, expenses in law or in equity that may at any time arise or be set up because of damages to property, personal injury, including wrongful death, arising out of or con- nected with the performance of the respective obligations of City and District under this agreement. Mr. Laudenslayer advised the Council that the Garvey School District had approved the agreement at their meeting on Thursday. Page Seven C/C 5/13/69 It was moved by Councilman Whiddon, second by Councilman Maude, and unanimously carried, that the foregoing agreement be approved as recommended, and the Mayor authorized to execute. 19. GARVEY PARK CONCESSION STAND OPERATION, Mr. Ralph Laudenslayer, Director of Recreation and Parks, presented this report and advised the Council that last year's operators bid 14% and indicated that the season's operation was not very successful, due to poor weather and other problems. Mr. Laudenslayer recommended that authorization be given to advertise for bids, stipulating a minimum bid of 10% return to the City, the requirement of a $500 faithful performance bond, and other operating regulations to protect the public. Following discussion as to the $500 faithful performance bond required, it was moved by Councilman Maude, second by Councilman Whiddon, and unanimously carried, that authorization be given to advertise for bids for the Garvey Park Concession Stand Operation, but that a $200 faithful performance bond be required rather than a $500 bond, as originally recommended. 20. KLINGERMAN-FAIRWAY PART: DEDICATION. Mr. Ralph Laudenslayer, Director of Recreation and Parks, advised the Council that all picnic and the majority of tot play equip- ment has been installed, and recommended that the Council set a date for public dedication ceremony as soon as possible, involving the City of Monterey Park as co-developer of the Park. There being no objections, the Mayor ordered public dedication set for Saturday, June 7 at 1:00 p.m., and directed Mr. Lauder- slayer to notify the City of Monterey Park as to the same. Mayor Andersen recessed the meeting at 9:27 o'clock p.m. Mayor Andersen reconvened the meeting at 9:36 o'clock p.m. 21. RE-APPOINTMENT OF BEAUTIFICATION COMMITTEE. There being no objections, the Mayor ordered this matter deferred until the next meeting. 22. DISCUSSION OF STREET BEAUTIFICATION POLICY. City Administrator Farrell advised the Council that approximately 2 years ago a Street Beautification Plan was adopted for the four major boulevards, Garvey, San Gabriel, Valley and Rosemead. Since this time the question has been raised as to what kind of improvements the City is going to require of the developer, such as the meandering or straight sidewalk, etc, on these four major boulevards. Following discussion, the staff was instructed to prepare a report on what improvements should be, or could be required of developers on the four major boulevards in the City of Rosemead. COMMISSION RECOMMENDATIONS 23. PLANNING COMMISSION - None. 24. TRAFFIC COMMISSION - See Pages Four, Five and Six.