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HomeMy WebLinkAboutHUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - HBUHSD - 1994-01-18 (2)v Council/Agency Meeting Held: Deferred/Continued to: 2iAppr_oved ❑ Conditionally Approved ❑ Denied City rk's ignatu e Council Meeting Date: 2/4/2008 Department I Number: CS08-005 SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCIL MEMBERS SUBMITTED BY: MAYOR PR TEM KEITH BOH D COUNCIL MEMBER DON HANSENi`� r �`" PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMMUNITY SERVIC SUBJECT: APPROVE THE TERMINATION OF LICENSE AGREE NT FOR THE HUNTINGTON BEACH HIGH SCHOOL SKATEBOARD AREA Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Huntington Beach Union High School District is asking the City of Huntington Beach to approve the Termination of License Agreement for the Huntington Beach High School skateboard area. Funding Source: N/A Recommended Action: Motion to: Approve the Termination of License Agreement between the City and the Huntington Beach Union High School District to terminate the 1994 license agreement for the skateboard area at Huntington Beach High School. Alternative Action(s): Do not approve the Termination of License Agreement and direct Huntington Beach Union High School District Skateboard Area Committee Council liaisons Keith Bohr and Don Hansen, and staff as to how to proceed. Analysis: On January 18, 1994, the City of Huntington Beach entered into a license agreement with the Huntington Beach Union High School District (District) to provide improvements and joint use of a skateboard area at Huntington Beach High School (HBHS). The ten-year term of the agreement has passed and the agreement now continues on a year-to-year basis. Either party can terminate the original agreement. MEETING DATE: 2/4/2008 DEPARTMENT ID NUMBER: 08-005 The District is undertaking a major renovation of the HBHS stadium. The District indicates that to accommodate the skateboard area at its current location would require an additional $300,000. The District has also been experiencing negative impacts from participants at the existing skateboard area. Coaches and teachers have indicated that there has been inappropriate language directed at students. The track within the stadium is adjacent to the skateboard area. It has been damaged by sodas, litter, etc., from skateboarders. The District indicates that there has been other inappropriate behavior and a general lack of respect for the skateboard area and school grounds by skateboarders. These negative actions are presumed to be caused by a minority of the users, but the end result is that the District indicates the current site has been problematic for the school administration, staff, and students. The District needs to move forward with the stadium remodel. There has been a District and City Council subcommittee formed to discuss options. The District Board of Trustees representatives are Dr. Michael Simons and Susan Henry with City Council liaisons Bohr and Hansen representing the City. The committee has discussed alternatives including the potential relocation of the skateboard area to Worthy Park, which is on the south side of HBHS. However, this project is not in the City's Capital Improvement Projects budget. There are many city projects not funded or only partially funded and the park fund does not have the necessary reserves to fund a replacement skateboard area at Worthy Park which is estimated to cost approximately $600,000. The District is recommending a joint termination of the license agreement. In addition to terminating the existing agreement for the skateboard area at HBHS, the termination agreement will waive the demolition cost for the current skateboard area which is, per the original agreement, the responsibility of the City. The agreement also indicates that the District is allocating $75,000 toward the development of a new skateboard area at Worthy Park if the project can be completed within three years. Council liaisons Bohr and Hansen expressed concern that the City fully funded the original skateboard area even though it was a joint project originally recommended by the District to address problems at HBHS. Because the original agreement was for a ten-year term that ended in 2004 and the District has the right to unilaterally terminate the year-to-year agreement, Council Members Bohr and Hansen are recommending approval of this agreement so that the city can avoid demolition costs which are estimated to be $50,000. Although there is currently no funding in the Park Acquisition and Development Fund to move forward with a new skateboard area at Worthy Park, there could be a possibility in the next three years for the city to receive grants for the project. If grants were available, the District has agreed, as part of this agreement, to contribute $75,000 toward the project. Strategic Plana Coal: Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. -2. 1/23/2008 2:32 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/4/2008 DEPARTMENT ID NUMBER: 08-005 Environmental Status: N/A Attachment(s): -3- 1/23/2008 2:32 PM a'` o C �- 2 U �2 EDUCP 10N 6ERVi0E Q y�Cys SCH0o�"O\� Board of Trustees: Bonnie Castrey Brian Garland Matthew Harper Susan Henry 5832 Bolsa Avenue • Huntington Beach, California 92649 Michael Simons (714) 903-7000 FAX (714) 892-5750 Van W. Riley, Ph.D., Superintendent of Schools HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT February 13, 2008 _ N Ms Joan L. Flynn, CMC ` 'I City Clerk, City of Huntington Beach ti 2000 Main Street Huntington Beach, CA 92648 ry Dear Ms Flynn: Enclosed please find one original of the Termination of License Agreement for the skateboard area at Huntington Beach High School which was signed last evening at our School Board meeting. Sincerely, Carole A. Thomas Executive Assistant to the Board ct Enclosure: Agreement Our mission is to ensure all students learn and achieve to their maximum potential in a supportive and innovative environment that develops creative, responsible and productive individuals prepared to meet the challenges of the future. ?s 7D TERMINATION OF LICENSE AGREEMENT This termination of License Agreement is made and entered into this 7 day of =0u.N2 2008, by and between the City of Huntington Beach, a California Municipal Corporation (hereinafter referred to as "City") and the Huntington Beach Union High School District (hereinafter referred to as " District"). RECITALS A. The City and the District entered into a License Agreement dated January 18, 1994 (hereinafter referred to "License Agreement") which provided for improvements and joint use of facilities located at Huntington Beach High School which improvements included a skate board area. B. The initial term of the License Agreement has concluded and the license provided by the agreement has continued on a year to year basis. C. The District is undertaking certain renovation projects in connection with the stadium at the High School which will result in the demolition of the skate board area. D. It is the desire of the parties to provide for the termination of the License Agreement while at the same time providing alternatives for community skate board facilities and to establish any remaining duties and responsibilities of the parties as a result of the elimination of the skate board area as set forth in the License Agreement. NOW THEREFORE IN CONSIDERATION OF the mutual covenants and promises contained herein, the parties agree as follows: 1. The License Agreement shall terminate for all purposes including, but not limited to, the elimination of the skate board area effective June 30, 2008. 2. If the City within its sole discretion undertakes and completes at Worthy Park the building of a skate board area equivalent to the skate board area which was located on the Huntington Beach High School premises by March 1, 2011, the District will reimburse the City 022/047004-0013 96516701 A1/29/09 for 25% of the actual costs of construction up to a maximum of Seventy -Five Thousand dollars ($75,000). 3. The District will waive any and all reimbursement for costs related to maintenance of the skate board area and notwithstanding paragraph 7 of the License Agreement, will be responsible for all costs associated with the demolition of the skate board area. 4. This Agreement is subject to the approval of the District's Governing Board and the City Council. In witness whereof the parties hereto have executed this Agreement through their authorized officers on the day and year first above written. Dated:Ry`f lam, aoo& HUNTINGTON BEACH UNION IGH SCHOOL DISTRICT By: Clerk Dated: CITY OF HUNTINGTON BEACH MUNICIPAL CORPORAT ON Y By: X104_14/� Mayor INITIATED AND APPROVED City Clerk VEVI ctor of Comm ity Services EWED�fjjj�`��'DAPPROVED l 7/ City Adininistrdtor APPROVED AS To FORM JENNIFER WORATH, City Attorney By Paul D'Alessan& Assistant City Attorney 022/047004-0013 865167 01 A1/29/09 -2- R-Alt-A MOGRIA'Ala INITIATING DEPARTMENT: Community Services SUBJECT: Termination of Skateboard Area license agreement COUNCIL MEETING DATE: February 4, 2008 RCA 'ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the CityAttorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR F&WNG ATTACH HENTS REVIEWED RETURNED FO W E® Administrative Staff' Deputy City Administrator (Initial) ( ) ) City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: ® D For G—�_"`4u.6M i WQ 8 1 1 rJ ! -n ALS otii ACA-- G j it Y`1JT i) e`er GAS -1) b65�` 70 P,0 44 ) 32 A%90 -l-H ©A) C'0,Q-7M14f_ 7M /ri � C w>�o .o Yo tA_ a)Aa .17- 71D dsi(a� 77445- cox) 7X44c7— 0/0 RCA Author: Engle 7Nc7 . _ ;*-o /S Page 1 of 2 Esparza, Patty From: Carole Thomas [cthomas@hbuhsd.org] Sent: Thursday, February 07, 2008 9:28 AM To: Esparza, Patty Cc: Van Riley Subject: RE: HBUHS District Agreement for HBHS Skate Area Thank you Patty. Could you please scan and email me a copy of the agreement this morning so that we can include it on our Board agenda which goes to the Print Shop this afternoon? Then, if you could put the original in the US mail today, we will have the original for signature on Tuesday evening. Thank you so much. Carole Carole Thomas Executive Assistant to the Superintendent Huntington Beach Union High School District Phone (714) 903-7000, Ext. 4202 I FAX (714) 892-5750 cthomas@hbuhsd. org From: Esparza, Patty [mailto:PEsparza@surfcity-hb.org] Sent: Wednesday, February 06, 2008 5:06 PM To: cthomas@hbuhsd.org; Van Riley Cc: Engle, Jim; Flynn, Joan; Lugar, Robin Subject: RE: HBUHS District Agreement for HBHS Skate Area 2 �,SA- ,46 F qePi6L� Hi Carol — I have the agreement all signed and ready to go. Let me know if someone is going to pick it up or if you want it mailed. Patty Esparza (714) 536-5260 From: Engle, Jim Sent: Wednesday, February 06, 2008 11:24 AM To: Flynn, Joan; Lugar, Robin; Esparza, Patty Cc: 'cthomas@hbuhsd.org'; 'Van Riley' Subject: RE: HBUHS District Agreement for HBHS Skate Area Thank you for the quick response From: Flynn, Joan Sent: Wednesday, February 06, 2008 11:20 AM To: Engle, Jim; Lugar, Robin; Esparza, Patty Cc: 'cthomas@hbuhsd.org'; 'Van Riley' Subject: RE: HBUHS District Agreement for HBHS Skate Area Patty will follow up with Carol via her email address above when the document is ready. Thanks -- Joan 2/7/2008 Page 2 of 2 From: Engle, Jim Sent: Wednesday, February 06, 2008 11:08 AM To: Flynn, Joan; Lugar, Robin Cc: cthomas@hbuhsd.org; Van Riley Subject: HBUHS District Agreement for HBHS Skate Area Carol Thomas from the school district needs the SIGNED agreement to terminate the city/school district agreement for the HBHS skater area ( F-2 ) that was approved Monday. They would like it today, but I don't know when it will be signed by the mayor. Would you please send it to Carol or let her know when its available. She may want to send someone to pick it up. Thank You. Jim 2/7/2008 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 7, 2008 Carole Thomas Huntington Beach Union High School District 5832 Bolsa Ave. Huntington Beach, CA 92649 Dear Ms. Thomas: Enclosed please find two originals of the Termination of License Agreement for the skate board area at Huntington Beach High School. Upon execution, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. JF: pe Enclosure: Agreements G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 i CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION COMMUNITY SERVICES TO: Honorable Mayor and City Council Members VIA: Paul Emery, Interim City Administrator ' FROM: Jim B. Engle, Director of Community Servic DATE: February 4, 2008 SUB3ECT: LATE COMMUNICATION REGARDING ITEM "F-2" TERMINATION OF LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT. Attached is the PowerPoint presentation regarding Item #F-2; Termination of the 1994 License Agreement between the City of Huntington Beach and the Huntington Beach Union High School District for the Huntington Beach High School skate park area. JBE:cvh c: Bob Hall, Deputy City Administrator Joan Flynn, City Clerk Jennifer McGrath, City Attorney Attachment 4: 7- 1) /� Z. /0 [/ Council Termination of License Agreement Between so Huntington Beach and the Huntington Beach Union High Contract: Term — 10 year 1994 t, t, - r Now: Year to year; either 'party may termin7ate Skateboard t1 r I �a- ( r Jd•� . �4 S d Area: -Replacement cost=$570,000-$600,000 (Worthy Park: demo, design, construction including perimeter wall) HBHS Skateboard -Original cost=$75,000 (construction only) Committee:rea -SchoolBoard of Trustees -Dr. Michael Simons and Susan -City Council -Mayor Pro Tem Keith Bohr anil Council Member ILA o Hansen Huntington Beach High-, School Skate Park RECOMMENDED ACTION: Approve the Termination of License Agreement between the city and the Huntington Beach Union High School District to terminate the 1994 license agreement -for the skateboard area at Huntington Beach High School. s j cvc- sT� T T[AS�v cLDSiA -L OQ -)-LO— IL L -S- � C- � 0 - w —, Q Dc, h/ (A kY e A-,e 1: -6— /MO D q M A�_Ge A-V�1D o�J Ga-�q; c�-r�LL N �S �T--)-� bra c-e 1,we�Z c �T— —C b--�ZLM�_-o re �I -- �A IT O H NTIN ON EACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK March 8, 1994 Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach, CA 92646 Attn: Business Services The City Council of the City of Huntington Beach at the regular meeting held January 18, 1994 approved an Agreement between the City of Huntington Beach and the Huntington Beach Union High School District for Development of Improvements upon portions of District Property. Enclosed is an executed copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc. ( Telephone: 714-536-5227 ) 94-113 Distribution: White: Requesting Department Yellow: office Control File Pink: Assigned Staff Member REQUEST FOR LEGAL SERVICES FOLLOW-UP MMORANDUM To: Connie Brockway From: Office of the City Attorney Subject: Your Request for Legal Services Date: 3/1/94 This will acknowledge receipt of your Request for Legal Services, below listed. Dated: 2/23/94 Type of Legal Service Requested: [ ] Ordinance [ ] Insurance [ ] Resolution [ ] Bonds [ ] Contract/Agreement [ ] Opinion C x x ] Other: Description: Huntington Beach Union High School District agreement This Request for Legal Services has been assigned to ART FOLGER -- for handling. Be/she can be reached through extension 5555. The Control Number assigned to this request is: 94-113 Please reference this number when making any inquiries in regard to this matter. Thank you. 0673L _ tee; CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk G9 DATE: February 23, 1994 CALIFORNIA 92648 SUBJECT: HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AGREEMENT On January 18, 1994, City Council approved an Agreement between the City of Huntington Beach and the Huntington Beach Union High School District for Development of Improvements upon certain portions of District Property. The Community Services Department has provided the Clerk's Office with the attached Community Services Department Letter, which they inform us serves as the Amendment to the Agreement. Please inform me if this is acceptable and if so please write your approval thereon. Thank you.. CB:bt �r C-; C y�. ( Telephone: 714-536-5227 ) 41 ��) )i I i Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator —� Prepared by: Ron Hagan, Director Community Services Louis F. Sandoval, Director of Public Works Subject: Ltw January 18, 1994 APPROVED BY CITE' COUNCIL /_/F 19sj- CrFy HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATE BOARD AREA; CC-886 Consistent with Council Policy? [A Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 0;60 STATEMENT OF ISSUE:' �''"` jp¢atec�" rrya �Eiy r0 U.ae_� The plans and specifications and an agreement with the Huntington Beach Union High School District for the construction of a stadium entry and skate board area upon certain portions of district property are complete. RECOMMENDED ACTION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit construction bids; and 2. Approve the attached Sample Contract, subject to award of contract to approved lowest responsesbidder; and 3. Approve agreement with the Huntington Beach Union High School District for the use and development of improvements on district property, and authorize the Mayor to execute same. ANALYSIS: At its September 8, 1993, meeting, Council approved, in concept, a joint project with the Huntington Beach Union High School District to make improvements to the entry way of the Huntington Beach High School stadium and to establish a community skate board area, and authorized the expenditure of $13,200 for design/construction documents. In addition, Council directed staff to negotiate an agreement with the school district for the proposed joint project. The City Attorney's Office has prepared the agreement after review;'by the school district counsel, and Council approval is necessary for the work to proceed. The Huntington Beach Union High School District Board approved the agreement on May 25, 1993. The landscape architectural firm of Purkiss-Rose, RSI has completed the plans and specifications for the stadium entry and skate board facility located at the east end of school property adjacent to Main Street. The project includes removal of existing AC pavements and constructing new planter areas, a concrete pyramid shaped skate board area, concrete flatwork, and modular stadium entry ticket booths. Staff of the Community Development Department has determined that since this project will be owned and maintained by the School District, an environmental assessment is not necessary to construct improvements as shown on the plans. Plo 5/85 RCA; CC-886 January 18, 1994 Page two Therefore, the Directors of Community Services and Public Works recommend approval of the ,plans and, . specifications, the sample construction contract and, hereby request Council =authorization to solicit bids for construction. FUNDING SOURCE: The landscape architect's estimate for the construction of these improvements is $185,000. The Huntington Beach Union High School District and the City will share the total cost. The School District's share is $60,000, with the City contributing $125,000. Sufficient funds are available in Fiscal Account No. E-SK-CS-719-6-39-00 (HBHS Stadium Entry and Skate Board Area Improvements). ALTERNATIVE ACTION: Deny approval of plans and specifications and forego the construction of these improvements. ATTACHMENTS: 1. Sample City Funded Construction Contract 2. Project Location Map 3. Huntington Beach Union High School District Agreement and Exhibit "A" MTU:LFS: RH:g 3493g/23&24 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT FOR DEVELOPMENT OF IMPROVEMENTS UPON CERTAIN PORTIONS OF DISTRICT PROPERTY This License Agreement is made and entered into this 18th day of January , 1994 , by and between, the CITY OF HUNTINGTON BEACH, a California municipal corporation, (hereinafter referred to as "C-ity"), and HUNTINGTON BEACH UNION HI.s SCHOOL DISTRICT (hereinafter referred to as "District"). WHEREAS, DISTRICT is a public school district operating as one of its high schools, the Huntington Beach High School located at 1905 Main Street, Huntington Beach, California, hereinafter referred to as "School"; and CITY and DISTRICT desire to enter into an Agreement for the use of DISTRICTground and improvements for community recreational purposes, by way of installation of a skateboard area and other improvements at School and adjacent stadium, hereinafter referred to as "Stadium", which will not interfere with use of DISTRICT buildings and facilities for public school purposes; and This Agreement is expressly authorized by Education Code Sections 10900, et seq.; and On September 8, 1992, the City Council of CITY approved the concept of the proposed improvements at the School and Stadilum to meet the growing demand for youth and adult participation in the -community, and authorized the Park AJF : 5 i4 1 i 1 Acquisition and Development Fund for the installation of said i improvements at School and Stadium; and In exchange for public use of the skateboard area, CITY desires to plan, construct and maintain said improvements for the skateboard area at no cost to DISTRICT; NOW, THEREFORE, it is agreed by and between CITY and DISTRICT as follows: 1. IMPROVEMENTS CITY hereby agrees to construct and/or install improvements upon the School project area as shown on Exhibit A attached hereto and made a part hereof by this reference. Said improvements shall include a skateboard area, landscaping of the Main Street entrance to Stadium, new Stadium entry -way, new ticket booths, security lighting, and new fencing. 2. PUBLIC USE CITY agrees to construct and/or install all said improvements for the skateboard area at no cost to DISTRICT in exchange for public use of the skateboard area as defined on Exhibit A. 3. MAINTENANCE CITY agrees to provide all maintenance necessary for the upkeep of the skateboard area at no cost to DISTRICT, and to insure that public use of the skateboard area does not interfere with the use of the remaining portions of DISTRICT premises for School and related purposes. AJF:514 2 4. STADIUM USE DISTRICT agrees to allow CITY to use the Stadium three (3) times per year and a fourth time per year when CITY hosts the County of Orange Youth Track Meet, provided that such use is in accordance with established DISTRICT rules and regulations and that it shall be scheduled so as not to interfere with DISTRICT's scheduled activities. DISTRICT shall waive the permit fee for these uses. CITY shall pay all direct costs to DISTRICT associated with CITY's use of the Stadium. In exchange for the above uses, CITY agrees to pay fifty percent (50%) of the improvements stated above other than the skateboard area for which the CITY shall pay all costs. DISTRICT and CITY shall mutually agree to the total cost for said improvements. If costs cannot be mutually agreed to, no improvements shall be done nor costs incurred. DISTRICT shall provide all maintenance of Stadium facilities including maintenance of the improvements at no cost to CITY except as stated in this section. DISTRICT shall be responsible for all utilities associated with Stadium operations and relating to the entryway improvements as a consequence of this Agreement. 5. PLANS AND SPECIFICATIONS CITY agrees to be responsible for developing all plans, specifications, engineering drawings, cost estimates, bidding procedures and contract administration associated with said improvements. It is hereby understood that DISTRICT reserves the right to review all plans and specifications for said improvements prior to construction and/or installation. AJF:514 3 DISTRICT and CITY shall appoint a representative to act as Project Manager and Liaison to the other for completion of the improvements to the satisfaction of both parties. 6. AGREEMENT CONSTRAINTS It is hereby understood by both parties that this Agreement and all terms and conditions contained herein are contingent upon the City Council and the Huntington Beach Union High School Board of Trustees, respectively, appropriating the necessary funds that are mutually agreed to for completion of this project. 7. TERM DISTRICT and CITY will allow use of the facilities, including the skateboard and stadium areas, as set forth in the Agreement for a period of ten (10) years commencing at the date of notice of completion of improvements by CITY, and thereafte r from year to year, unless either party gives the other party notice of intent to terminate this Agreement. If at any time the parties mutually agree to terminate this Agreement or abandon use of the skateboard area as such, or if this Agreement is otherwise terminated, CITY shall at its sole expense restore the skateboard area to its original condition, if requested by DISTRICT. 8. HOLD HARMLESS - SKATEBOARD AREA For purposes of the skateboard area, CITY hereby agrees to protect, defend, indemnify and hold and save harmless DISTRICT, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including AJF:514 4 those resulting from death or injury to CITY employees and damage to CITY property, or death or injury to anyone using the skateboard area, arising directly or indirectly out of the obligations or operations herein undertaken by CITY, including those arising from the passive concurrent negligence of DISTRICT, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of DISTRICT. CITY will conduct all defense at its sole cost and expense. DISTRICT shall be reimbursed by CITY for all costs or attorney fees incurred by DISTRICT in enforcing this obligation. 9. HOLD HARMLESS - STADIUM IMPROVEMENTS For purposes of the Stadium improvements, DISTRICT hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its.officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to DISTRICT's employees and damage to DISTRICT's property, arising directly or indirectly out of the obligations or operations herein undertaken by DISTRICT, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. DISTRICT will conduct all defense at its sole cost and expense. CITY shall be reimbursed by DISTRICT for all costs or attorney fees incurred by CITY in enforcing this obligation. AJF:514 5 10. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed, within 48 hours of the deposit of such notice in the U.S. Mail, prepaid, and certified with return receipt requested and addressed to DISTRICT or to CITY at the respective addresses shown below: TO CITY: TO DISTRICT: Ron Hagan, Director Huntington Beach Union High Community Services School District City of Huntington Beach 10251 Yorktown Avenue 2000 Main Street Huntington Beach, CA 92646 Huntington Beach, CA 92648 Attn: Business Services IN WITNESS whereof, the parties hereto have executed this - agreement through their authorized officers on the day and year first above written. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT I kl� Its: A,-sistant Su7Perintendent Business Services Its: .`, , t/ City Clerk E3L =WED AND AP ED : G i City Ad inistrator CITY OF HUNTINGTON BEACH a municipal corporation Mayor APPROVED AS ,TO FORM: ty Attorney (� INIf1A EDD APPROVED: w It# Di6eftof fo'WCommunity Services AJF:514 6 CONSTRUCTION NOTES EXISTING BUILDING I iALILL FLUZ i . < F cUAPDT. G I� lw+. cif.P. pc}IJ 0 ' 3 1 0 ILA P - rcarrcTE RCTL e.cry- RESFvIi EXISTING FOOTBALL FIELD AND TRACK i I G' �I L•V5TIy4 TiwCl<"T111AELKGIHgcNgTHb- �I PE✓INJ TDE GISE"VEWPY Iu fIELp YI EYACT ErX T1YHIOHr•IEW�OLI, GLEITRA�TF Ek. CP&t 4 M TLC% 0%TU PCfD V=D C. :1E.F«YX 4bu- CGl•KTRLJGTTOU. StLE H REFERENCE PO«T F }3TI DRAENSION AND Ol PI 51 L Ii'VOE TOLICCLTE rrT�TF+P / I.J' LIMIT OF WORN i \�• T. ALL FORMS AND AUONMENR OF PAVHIIQ WALLS, LAYOUT. AND SPEGAL PAV WD AREAS — SE NENEMFD AND AFWID'vID SY THE OWNERS NEPRESENTATNE MIOR M POUWIO (ONE A M«IMUM OF N HOURS NOT ;M. 2 CONITLACTOR SN AND VEIgFY E NEL ON Of ALL UTRTRESNADE TO WNSIAUCIgN AND SHALL BE THF1D UA&E FOIL ALL OWM.ES «G1MEp 1 COHIRACIdi STLLLL NOTE AND —TALL SLEEVE LOGTIONS 51gVM ON «NMIgN PUN AND CONSTWILTHON PTANS « F]tCE55 OF E—ND SLEEVES PEA OWNERS APPROVAL 4. ALL CONMLICIM AND WOWDiMAHP WALL CONFORM TO THE LATEST ENTON OF THE UNIFORM BUILDING CODE. ADA REOU«EMENTS AND TTLE 24. 6 THESE NOTES W Vil BE USm N CORA«CTgN WRH 111E PLANS AND ANY D6CREPANO6 STALL BE BR fER TO TIE ATTpOHON OF 111E l/INDSfAPE ARRIRECT AND ONNEA'S P1ESET(TATNE ' S CONIMCIOR MUSE CHECIl ALL DWENSIONS ARO SITE CONdf10N5 BEFORE 6TAPTM3 WOPoC LANDSf"!PE ARCNffECT .N1LML BE NOTIFlFD BDIEpAlE1Y Of AHY DISCREPANd6 di POSSIBLE OEFR]ENGES. 1. CONDIT S NOT SPECIFlCALLY WgWH STALL BE CONSTRUCTED WMRAR TO THE DETARS FOR T RESPECTVE MATERWS. B THE DRAVANLLS AND SPECDI('.ATTDNS REPRESENT THE F«6 W ALL WAGNG. TEMPORARY SVPWfTT&, SHONNG. MASONRY. ETC. 6 TIE SOLE RESPONWBNTY OF THE CONiRAOfOR. OBSERVATION VLSITS M THE JOB SITE TO' THE LANDSCAPE ARCHITECT DOES NOT INCLUDE .WE— OF CONSTRUCTION MEOHODS MID SAFELY tXIN NS AT THE WOPo(STi£ THESE WSITB SHALL. NOT BE —TRUED AS OONTNLMS AND DETNIED «SPECTONS. B. DESIGN, MATERIALS, EQUIPMENT AND PRODUCTS OTHER THAN WHOSE DESCRIBED HERE« OR INpGTEp DN THE DRAWINGS MAY BE CANSIDERED FOR USE. PR l— PRIOR APPROVAL LS OSTA«ED FROM THE OWNER, LANDS ARCMTECT AND/OR CITY APPROVAL AUMORITY. �i / I I I I l i I i i I _ .0 PUX+I LWHIT OF WORT( ?— fOR Mr.NSION AND LAYOUT « TNTB AREA w iYACFUE 61DEH,lµX REFER TO EMLAROEMENT BNEET L- A MAIN Non STREET TE AREA HRiHL OHTED ON THE PROJECT WE w✓ - SKATEBOARD AREA WEL BE NMNTANED afY AND BE PART OF O1TY RESPONSE Y. WORTH _ . UNDERGROUND r o SERVICE ALERT CaIt TOLL FREE - �� 1-800 422-4133 nrn� TWO WDBEINO DAn SEFDRE 100 DID — 4+'r TJ4 PETPIv<.1-lAl1W F�IFt.TNFLacL a0 1 0 i EXISTING BUILDING )-ol"OTOJECT LOCATION IVAP �' 2000 MAIN STREET CALIFORNIA 92648 COMMUNITY SERVICES DEPARTMENT (714) 536-5486 January 20, 1994 Dr. David Hagen, Superintendent Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach CA 92646 Dear Dave: Re: District - City Joint Project This letter should serve as a memo of understanding between the city and the school district regarding the revised number of times that the city may use the school district stadium per the terms and conditions of the improvement agreement. The City Council approved the agreement on January 18, 1994, subject to the city and district agreeing that if the city had more than four events per year up to a maximum of ten per year, the district would allow the city use of the stadium under the terms and conditions of the agreement subject to availability determined by the district. 1f the above is acceptable to you and the school board, please sign below on both the original and copy of this letter, keep the copy for your files, and return the original to me. Thank you again for your support. We are looking forward to completing this cooperative effort for the benefit of the entire community. Sincerely, RON HAGAN Director Community Services RH:cs APPROVED: DR. DAvib HAGEN Date: 4 Quality Lik, 1 €'"£)t ti a:; zt('Za' S L'_iEad...J;: nz J, iff CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk DATE: February 23, 1994 SUBJECT: HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AGREEMENT On January 18, 1994, City Council approved an Agreement between the City of Huntington Beach and the Huntington Beach Union High School District for Development of Improvements upon certain portions of District Property. The Community Services Department has provided the Clerk's Office with the attached Community Services Department Letter, which they inform us serves as the Amendment to the Agreement. Please inform me if this is acceptable and if so please write you approval thereon. Thank you. CB:bt (Telephone: 714-536-5227 ) CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 9264E COMMUNITY SERVICES DEPARTMENT (714) 536-5486 December 20, 1993 Dr. David Hagen, Superintendent Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach, CA 92646 RE: DISTRICT - CITY JOINT PROJECT Dear Dave: This letter should serve as a memorandum of understanding between the city and the school district regarding the revised cost estimates as recently presented by the architect for the project, Purkiss-Rose and Associates. The total cost is now projected at $185,000. The city will, according to the agreement, pay for fifty percent of the cost of improvements or $60,000 and the entire cost of the skateboard park, estimated at $65,000-for a total of $125,000. The balance owed by the school district would be $60,000. We also hereby agree to delete the bicycle storage area from the proposed project and it has , in fact, been deleted from the original agreement approved by the school district board. It is my understanding that Ed Baker will be coordinating the construction phase for the school district and Randy Huttenberger, from the contracts division of Public Works will handle the coordination of the job inspections for the city. We will be going to City Council on January 18, 1994 to approve the agreement and seek authority to solicit bids for construction. 4 Oualip, Liji Through Z dwaiion. Rccveation and C111ture ..4 s December 20, 1993 Page two Thank you again for your support and we are looking forward to an outstanding project. /Sincl RON HAGAN Director Community, Services �� K-L Approve *Dr. Javid Hagen