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CC - Item 6A - Updated Duff School Joint Usage Agreement and Site DevelopmentROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER <�2q-qN DATE: JULY 11, 2017 SUBJECT: UPDATED DUFF SCHOOL JOINT USAGE AGREEMENT & SITE DEVELOPMENT SUMMARY At the direction of the City Council, staff reinitiated discussions with the Garvey School District to inquire about their plans for the former Duff School site, which lays adjacent to Garvey Park to the West. The Garvey School District informed staff that there is a possibility the school may reopen in the future, but would be agreeable to updating the current joint usage agreement for the property to allow the site to be used as park and open space for the community. Staff has worked with the School District in drafting a proposed site development plan that would include passive and active areas of recreation for the community, as well as possible future students. Staff attended the Garvey School District Board meeting on May 11, 2017, to present the updated joint usage agreement and proposed site development plan; both items were approved pending City Council approval. STAFF RECOMMENDATION It is recommended that the City Council approve the updated joint usage agreement and proposed site development plan as well as provide direction on funding source in the amount of approximately $400,000, should the City not receive grant funding. FISCAL IMPACT The City has applied for the California Natural Resource Agency's Urban Greening Grant in the amount of $987,000. This would include the proposed site developments in addition to upgraded landscaping and greening components that are requirements of the grant. Grant recipients are expected to be announced in November 2017. ITEM NUMBER: _ City Council Meeting July 11, 2017 Page 2 of 2 Should the City not receive grant funding, the cost of the proposed site development plan would be approximately $400,000 and would not include the greening requirements of the above mentioned grant. STRATEGIC PLAN IMPACT The proposed site development plan would meet Strategy 4, Action Item 1: "Increase park and open space by 25%". PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: & Recreation Director Attachment A: Updated Joint Usage Agreement Attachment B: Proposed Site Development — Grant Funding Attachment C: Proposed Site Development — City Funding Attachment A Updated Joint Usage Agreement AGREEMENT BETWEEN THE GARVEY 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 M , WHEREAS, California Education Code section 10900 et seg. ("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 (f), 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; 1 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 terns 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. 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 terms 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 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.$2,0 00,000 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. 8. NOTICES Any notices which either Parry 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: If to 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 2730N. Del Mar Rosemead, CA 91770 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. "CITY" City of Rosemead William Manis, City Manager Attest: By: Marc Oonahue, City Clerk Approved as to form: "DISTRICT" Garvey School District By: Anita C u, Superintendent of Schools Approved as to form: By: -�� achejf i Jo tti % By: Rache 'chman, City Att i'ney ,School District Attorney Attachment B Proposed Site Development — Grant Funding Attachment C Proposed Site Development — City Funding