HomeMy WebLinkAboutHBUHSD - Huntington Beach Union High School District - 2000-05-01_CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFOR-NIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: April 24, 2001
TO: Huntington Beach Union High School Dist ATTENTION: Patricia Koch, Ph.D.
Name
10251 Yorktown Avenue DEPARTMENT:
Street
Huntington Beach, CA 92646 REGARDING: Joint Funding Agreement
City, State, zip Amendment No. 1
See Attached Action Agenda Item E-8 Date of Approval 4-16-01
Enclosed For Your Records is An Executed Copy Of The Above Referenced. Agenda Item.
Remarks:
le4 X10 i ow'4/47-
Connie Brockway
City Clerk
Attachments: Action Agenda Page
x Agreement
x
Bonds
Insurance _
RCA
Deed
Other
CC: R. Hagan
Com. Serv.
x
x
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Risk Management Dept.
Insurance
(Telephone: 714536-5227 )
R, 94m.) Coy sw_
Council/Agency Meeting Held: 0m"��0"a)
Deferred/Continued to:
Approved ❑ Conditionap Approved ❑ Denied
_
_a 1
W- City rk's Signature
Council Meeting Date: April 16, 2001
Department ID Number: CS01-026
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator Q'
PREPARED BY: RON HAGAN, Director, Community Service
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SUBJECT: APPROVE AMENDMENT NO. 1 TO JOINT FUNDING AGREEMEWf_0
WITH HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT v
CONCERNING CONSTRUCTION OF HIGH SCHOOL POOL
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: There is a need to amend the funding agreement between the
Huntington Beach Union High School District and the city for the construction of the
Huntington Beach High School Pool.
Funding Source: Not applicable, already approved by City Council on March 5, 2001.
Recommended Action: Motion to:
Approve Amendment No. 1 to the Joint Funding Agreement between the Huntington Beach
Union High School District and the City of Huntington Beach for the Future Swimming Pool at
Huntington Beach High School, and authorize the Mayor and City Clerk to execute same.
Alternative Action(s): Do not approve Amendment No. 1 to the Joint Funding Agreement,
and give staff alternative direction on how to resolve the issue of the Huntington Beach High
School District debt limitation under California law.
Anaivsis: When City Council approved the Joint Funding Agreement between the
Huntington Beach Union High School District and the City of Huntington Beach for the Future
Swimming Pool at Huntington Beach High School, Gail Hutton, City Attorney, brought to
Council's attention a section of California law that may y invalidate the funding_ agreement.
The question concerns the ability of the current school district board of trustees to commit a
future board to the required repayments to the city of the advancement of Proposition 12
funds necessary to construct the swimming pool. The school district attorney and Ms. Hutton
have determined that if the school district makes repayments to the city out of a special
reserve fund comprised of lease revenues derived from the district's rental properties and
other non -taxed revenue sources, the funding agreement would be legal under state law.
Consequently, an amendment has been prepared stating that the district shall pay back the
city with interest for its advancement of funds out of a district special fund.
1EQUEST FOR COUNCIL AC�ON
MEETING DATE: April 16, 2001
DEPARTMENT ID NUMBER: CS01-026
Amendment No. 1 to the Joint Funding Agreement changes no other terms or conditions of
the original agreement. The amendment simply exempts future boards of trustees from the
debt limitation requirement. Approval of this amendment is necessary in order to award bid
and proceed with construction of the Huntington Beach High School Pool. The Huntington
Beach Union High School District Board Trustees approved the amendment on April 10,
2001.
Environmental Status:
Attachment(s):
RCA Author: RH:cr
Amend No. 1 to joint funding agree -2- 04/09/01 3:48 PM
ATTACHMENT #1.... . . .........
AMENDMENT NO. 1 TO JOINT FUNDING AGREEMENT BETWEEN
THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND
THE CITY OF HUNTINGTON BEACH FOR THE FUTURE SWIMMING POOL
AT HUNTINGTON BEACH HIGH SCHOOL
THIS AMENDMENT NO. 1 is made and entered into this 16th day of
April , 2001, by and between the Huntington Beach Union High School
District (the "District") and the City of Huntington Beach, a municipal corporation of the
State of California (the "City"), both of whom shall be individually and collectively
referred to as the "Party" or "Parties."
WHEREAS, the City and the District are parties to that certain agreement, dated
March 5 , 2001, entitled, "Joint Funding Agreement Between the
Huntington Beach Union High School District and the City of Huntington Beach for the
Future Swimming Pool at Huntington Beach High School," which agreement shall
hereinafter be referred to as the "Original Agreement," and
The City and the District wish to add a certain provision to the Original
Agreement,
NOW, THEREFORE, it is agreed by the City and the District as follows:
1. Add Section 1.4.
Section 1.4 is added to the Original Agreement to read as follows:
1.4 District Special Reserve Fund. All of the District's repayment
obligations hereunder shall be payable solely from the District's "Special Reserve Fund"
comprised of lease revenues derived from the District's rental properties and other non -
taxed revenue sources and shall not be payable from the District's general fund or any
other District funds whatsoever. The District hereby warrants and represents to the City
that the Special Reserve Fund will contain sufficient monies to defray from time to time
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g1jmf/2001agree/pool funding agmt amendmt/4/9/01
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all of the District's repayment obligations hereunder as the same shall become due and
payable.
2. Reaffirmation.
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT
NO. 1 to be executed by and through their authorized offices the day, month and year
first above written.
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
By:
Supe endent
AND
g! By: '
Asst Supt Business Svcs
O.n • • : 1l
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
t
cc.
Mayor, '
ATTEST:
City Clerk
APPROVED AS 70.-FORM:
rvices City Attorney�IWP V Flo
NITI ID D APPROVED: !!`
(rector cFCommunity Services
REVIEWED AND APPROVED:
City Administrator
2
g/jmf/2001 agree/pool funding agmt amendmt/4/9/01
RCA ROUTING SHEET
INITIATING DEPARTMENT:
COMMUNITY SERVICES
SUBJECT:
APPROVE AMENDMENT NO.1 TO JOINT FUNDING
AGREEMENT FOR CONSTRUCTION OF HBUHS POOL
COUNCIL MEETING DATE:
I Aril 16, 2001
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement Unbud et, over $5,000
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial Q�
City Clerk
RCA Author:
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: March 20, 2001
TO: Huntington Beach Union High School DistUTENTION: Patricia Koch, Ph.D.
Name
10251 Yorktown Avenue DEPARTMENT:
Street
Huntington Beach, CA 92646 REGARDING: Joint Funding Agreement &
Ciry, State, Zip
1st Amendment to Joint Use Agreement
See Attached Action Agenda Item F-1 Date of Approval 3-5-01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page x
CC: R. Hagan
Name
Name
Name
Name
_ Agreement x
RCA
Com. Serv.
Department
Department
Department
Department
Risk Management Dept.
X
Bonds _
Deed
X
RCA
Agreement
RCA
Agreement
RCA
Agreement
RCA
Agreement
Insurance
Other
Insurance
Other
Insurance
Other
Insurance
Other
Insurance
Insurance
Other
(Telephone: 714-536.5227 )
• • d� 2Ci �, 4W- (W . 50AV-
Council/Agency Meeting Held: -0)
Deferred/Continued to:
)�Aff roved ❑ Conditionally Approved ❑ Denied
9F-Ci CI r
's Signature
Council Meeting Date: March 5, 2001
Department ID mber: CS01-005
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator XeJ
PREPARED BY: RON HAGAN, Director, Community Service
SUBJECT: APPROVE STATE PARK BOND ACT OF 2000 FUNDING
AGREEMENT WITH THE HUNTINGTON BEACH UNION HIGH
SCHOOL FOR CONSTRUCTION OF HUNTINGTON BEACH HIGH
SCHOOL POOL
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue: There is a need to approve an agreement with the Huntington Beach
Union High School District for funding the Huntington Beach High School Pool through Park
Acquisition & Development Funds with reimbursement from the State Park Bond Act in order
to implement the previously approved joint use agreement.
Funding Source: Unappropriated, Undesignated Park Acquisition & Development Fund
Balance in the amount of $790,972, to be reimbursed by Per Capita allocation through the
State Park Bond Act of 2000.
Recommended Action: Motions to:
1. Approve the Joint Funding Agreement between the Huntington Beach Union High School
District and the City of Huntington Beach for the Future Swimming Pools at Ocean View
High School and Huntington Beach High School, and authorize the Mayor and City Clerk
to execute same authorizing an appropriation from the Park Acquisition & Development
Fund of $618,912 for the city's share, and an advancement of up to $172,053 to be repaid
by the district with interest;
2. Authorize the submittal of the Huntington Beach High School Pool project to the State
Parks and Recreation Granting Office for reimbursement to the Park Acquisition &
Development Fund from the State Park Bond Act of 2000;
3. Authorize the Director of Administrative Services to appropriate $790,972 from the
unappropriated, undesignated fund balance of the Park Acquisition & Development Fund
into Contractual Services Account #20945101.69365 for the construction of the
Huntington Beach High School Pool; and
4. Approve Amendment No. 1 to the Joint Use Agreement between the Huntington Beach
Union High School District and the City of Huntington Beach for the Future Swimming
Pools at Ocean View High School and Huntington Beach High School, extending the
1EQUEST FOR COUNCIL ACTfON
MEETING DATE: March 5, 2001 DEPARTMENT ID NUMBER: CS01-005
agreement to twenty-five years from Notice of Completion, and authorize the Mayor and
City Clerk to execute same.
Alternative Action(s): Do not approve the attached joint use agreement, and direct staff to
pursue alternative funding methods for the future swimming pools at Ocean View High
School and Huntington Beach High School.
Analysis: City Council previously approved a twenty-five year joint use agreement with
the Huntington Beach Union High School District (HBUHSD) (Attachment 1) for the
Huntington Beach High School Pool subject to a funding agreement that would provide for
the construction of the pool. Council also previously approved the concept of using the
city's Per Capita State Park Bond (Proposition 12) funds for its share and an advancement
to the district for a portion of their share to be reimbursed by the district for the
construction. The original cost estimate of the city's share was $601,000 and the
advancement to the district was estimated to be $122,500 when Council approved this
concept in June 2000. The actual cost now exceeds this amount. The final cost estimate
requires a contribution of $790,972 from the city with an advancement to the district of
$172,053 to complete the project. This extra cost has both the district and the city paying
their respective share of the additional cost according to the percentage split of the
agreement. The increased cost for this project could have an impact on the other per
capita grant programs Council has previously approved which include: (1) Edison and
Murdy Community Park Sports Fields configuration; (2) tot lot replacement program and
(3) Bartlett Neighborhood Park development. The final cost of these projects has not been
determined and since the Huntington Beach High School pool has been a high priority with
the Community Services Commission and City Council. Staff is recommending that the
additional funds required be allocated from the City's per capita Prop 12 funds and that the
remaining projects be adjusted to accommodate whatever remaining per capita funds the
City receives from Prop 12.
The state has appropriated the funds for the Per Capita One grants to local agencies and
applications for funding reimbursements will be available April 1, 2001. The current estimate
of total per capita Prop 12 frunds the city will receive in all funding categories is $3,600,000.
This now allows the city and district to proceed with construction of the pool. The plans,
specifications, and bid package are approved and are out to bid. The final document still
needed before the bid is awarded is the funding agreement with the district. The proposed
agreement provides for the city's share of the funding required for the construction of the pool
and an advance of funding to the district to complete its share of the funding requirement.
The district may pay back the advance, with interest, in the form of maintenance credit to
offset the city's cost of maintenance for its use of the facility or it may pay back the advance
all at once.
Funding for the pool construction is a combination of private fund-raising by "Take the
Plunge" group, state grants secured by Assemblyman Scott Baugh, city Youth Sports Grants,
district funds, and State Park Bond money from the city. The funding contribution details are
as follows:
Funding agreement with HBUHSD for pool -2- 02/26/01 10:40 AM
9EQUEST FOR COUNCIL ACTfON
MEETING DATE: March 5, 2001
DEPARTMENT ID NUMBER: CS01-005
Projected cost $1,830,000
District share (53 percent) $969,900
City share (47 percent per facility use agreement) $860,100
CONTRIBUTION .DETAILS
DISTRICT
CITY
Take the Plunge
State Grants
$100,000
$100,000
Youth Sports Grants
141,181
Private Fund-raising
258,819
HBUHS District Modernization state
94,150
Set -Aside Bankruptcy Funds
269,000
Asbestos Abatement
75,878
TOTAL CONTRIBUTIONS TO DATE
797,847
241,181
BALANCE TO FUND
$172,053
$618,919
Funding Agreement:
City contributes State Bond funds of
District repays its share (plus 6% interest)
$618,919
$172, 053
City and state grants to date have been used for the development of plans, specifications,
demolition and preparation of the site. If Council and district approve the funding agreement,
construction should be underway by April 2001 with an estimated completion by fall 2001.
City use of the pool will include swim classes for all age groups, Junior Guard tryouts, public
swimming, summer recreation swim, swim competitions, and Red Cross Lifesaving & Water
Safety Instructor Certification.
The State Park Bond Act requires the city to front the cost of projects with the state providing
reimbursement upon approval of the project. Staff has met with the State Granting Office
which deemed the high school pool an eligible project. The Community Services Commis-
sion and the Joint Committee on Aquatic Facilities have approved the project and the
recommended funding method. Currently, the city and district share the use of Edison and
Marina High School Pools. The income from fees charged for classes and activities pays for
the city's share of maintenance costs. Because the funding proposal for the pool has the
district repaying the city for its advance in the form of waived maintenance costs, the income
from fees for activities will repay the Park Acquisition & Development fund until the payback
is complete. At that time, the city will pay its share of maintenance costs from the fees
collected, as it does at Edison and Marina. Although the facility use sharing agreement
allows the city up to 47 percent of the available time, city maintenance costs will be tied to
the actual use time.
The addition of the Huntington Beach High School Pool will enable the city to meet increased
demand for swim lessons, Junior Guard tryouts, swim competitions, etc. For the past few
years, the city has had waiting lists for summer swim classes. With the population growth in
the Holly Seacliff and Central Park areas, the demand is increasing dramatically. Eventually,
the city would like to work with the district on the development of a fifty -meter swim complex
at Ocean View High School, however, this would be a $5 million project and beyond the
funds available from the State Park Bond. The City Gym & Pool provides the city with a
Funding agreement with HBUHSD for pool -3- 02/26/01 10:40 AM
9EQUEST FOR COUNCIL AC�ON
MEETING DATE: March 5, 2001
DEPARTMENT ID NUMBER: CS01-005
smaller pool for Tiny Tot and Mommy & Me classes and senior citizen swim activities. The
water temperature is kept at 900 for these classes, which is too warm for regular swim
classes and competitions, but perfect for young children and senior citizens. The Huntington
Beach High School Pool will also serve the summer recreational swim activities for the
Oakview area.
In summary, the Huntington Beach High School Pool is needed to meet both high school and
community demand; it is an eligible project for the Per Capita One, State Park Bond funding;
there has been a successful private, fund-raising campaign; the district and city have a
successful history of sharing facilities; and, the pool can be built this year if the district and
city approve the proposed funding agreement.
Attachment(s):
1 Joint Use Agreement for aquatic facilities — SNsf;"� A ��
2 Funding Agreement �S��nt-�NBt��1SD JCL+� Pd°i ��BNS
3 Amendment No. 1 to Joint Use Agreement NP uRSD 4 CJJ P
4 FIS
6vHS + HRHS
Funding agreement with HBUHSD for pool -4- 02/26/01 10:47 AM
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ATTACHMENT #1
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Council/Agency Meeting Held:
Deferred/Continued to:
%Approve ❑ Conditionally Ap roved ❑ Denied
�-�---
A y Cle Signature
Council eeting Date: May 1, 2000
Department ID Number: CS 00-003
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS_
SUBMITTED BY:
RAY SILVER, City Administratorle
PREPARED BY:
RON HAGAN, Director,, Community Services/�f
--
i
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SUBJECT:
APPROVE A JOINT USE AGREEMENT WITH HUNTINGTON
BEACH
HIGH
SCHOOL DISTRICT SPECIFICALLY FOR FUTURE AQUATICS FACILITIES
AT
HUNTINGTON BEACH HIGH SCHOOL AND OCEAN VIEW HIGH SCHOOL
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Shall the city enter into a 25-year joint use agreement with the
Huntington Beach Union High School District to provide swim lessons and recreational
swimming at Huntington Beach High School and Ocean View High School, if and when,
these pool facilities are built?.
Funding Source: Does not require funding at this time. When pools are .built, user fees will
pay city's share of maintenance and program costs.
Recommended Actions: Motion to
1. Approve the 25-year, joint use agreement with the Huntington Beach Union High School
District, and authorize the Mayor and City Clerk to -execute. same; and
2. Approve the reciprocal indemnification obligations between the city and district as noted
in the agreement.
----i•(Plus direct the subject of Aquatic Facilities at HBHS & OVHS beput on IR
Alternative Action: Do not approve the joint use agreement with the .Huntington Beach agen
Union. High School District, and give staff direction on desired changes.
Analysis: The Community Services Department and the Huntington Beach Union High
School District, along with representatives from Save -Our -Kids and community aquatic
groups, have been working together to address the problem of inadequate aquatic facilities
for the Huntington Beach .community. After identifying programming needs for both the city
and district, a site committee recommended .developing a new 50-meter pool at Ocean View
High School and rebuilding the Huntington Beach High School pool. Concentrating on
providing facilities at these locations -will eliminate the expense of -additional land and the
impact on existing parkland. The City Council approved the conceptual plans for these
locations at its August 16, 1999 meeting. Mayor Garofalo and Councilman Bauer were
appointed to the City Council/School District Board Aquatics Committee.
2
qEQUEST FOR COUNCIL A#ON
MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: CS 00-003
The process to date has been a collaborative effort between the community, city, and
school district. The goal is to continue with an equitable and cooperative partnership once
the aquatic facilities are completed and operating. Toward that end, city and district
personnel have held several meetings to co-author a joint use agreement that identifies a
level of usage, obligations, and responsibility to maintain general education and recreation
facilities and programs. The Council/Board Aquatics Committee has reviewed and
approved the terms of the agreement. These terms are outlined below:
1. Term of Agreement - The initial term of the agreement will be 25 years from the date of
completion of each facility, with an annual review of covenants and conditions.. Areas of
insurance and indemnification are consistent with the current use agreement with the
school district relating to other facilities.
2. Shared Use - Use of the facilities will be shared between the city and district seven days
a week on a school year and vacation period schedule. Usage will be divided into the
categories of "exclusive use" and "joint use with priority". The group having priority during
periods of joint use will be entitled to up to 80 percent of the pool area for programming
and will be in charge of scheduling.
3. Supervision - The group having exclusive use .will be solely responsible for the
supervision, public safety, and control of the facilities. During periods of joint use, both
parties will assume supervision responsibilities.
4. Maintenance - Maintenance of the facilities will be the responsibility of the district with the
city providing reimbursements for utilities, maintenance, and replacement costs based
upon its actual usage. With the exception of this reimbursement, the district will waive all
facility use fees associated with city use of the pools.
The city and school district have.a long history of cooperation and sharing of each other's
facilities. The skateboard facility' at HBHS and the tennis courts at OVHS are prime
examples. The city and school district have received two $100,000 grants for the HBHS pool
due to the efforts of Assemblyman Scott Baugh. The latest grant is contingent on the
approval of the joint use agreement by the city and school district. The school board
approved the agreement on April 11, 2000. City staff and the City Council/School District
Board Aquatic Committee are recommending approval of the agreement. The shared
funding of the construction of these pools will be addressed in a separate agreement
if funds become available for construction.
Environmental Status: School district shall take the lead for environmental approval.
Attachment(s):
Aquatics Joint Use Agreement CS9M48 -2- April 19, 2000 10:19 AM
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JOINT USE AGREEMENT BETWEEN
HUNTINGTON* BEACH UNION HIGH SCHOOL DISTRICT AND
THE CITY OF HUNTINGTON BEACH FOR THE FUTURE SWIMMING POOLS
AT OCEAN VIEW HIGH SCHOOL AND HUNTINGTON BEACH HIGH SCHOOL
THIS JOINT USE AGREEMENT ("Agreement") is made and entered into
this 1st
day of May
2000 by and between the
Huntington Beach Union High School District (the "District"), and the City of
Huntington Beach (the "City"), both of whom shall be individually and collectively
referred to as the "Party" or "Parties," and is based upon the following:
RECITALS:
WHEREAS, the City is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the statutes of the State of
California and the Charter of the City;
WHEREAS, the District is a school district duly organized and operated
under the laws of the State of California;
WHEREAS, Section 10900 et seq. of the Education Code of the State of
California authorizes the City and the District to contract with one another to
establish, construct, improve, operate and maintain general educational and
recreational facilities and programs;
WHEREAS, the District and the City wish to have the exclusive rights to
use the two (2) swimming pools owned by the District known as the Ocean View
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g:/j mf/2000agree/poo12( corrected)
High School Swimming Pool (the "OVHS Pool") and the Huntington Beach High
School Swimming Pool (the "HBHS Pool") (the OVHS Pool and the HBHS Pool
will sometimes be individually and collectively referred to as the "Pool" or "Pools")
and all pool oriented improvements (the "Pool Improvements"), which are to be
installed on the Ocean View High School ("OVHS") and the Huntington Beach
High School ("HBHS") sites, subject to the City and the District entering into a
separate funding agreement for the construction of the Pools and Pool
Improvements; and
WHEREAS, in order to jointly use the Pools and Pool Improvements
placed on'the school sites, the City and the District are willing to share the costs
and responsibilities for the usage and maintenance as set forth in this
Agreement, based on the annual schedule set forth 'in Subsection 1.1 of this
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
AGREEMENT:
SECTION 1 JOINT USE OF POOLS AND POOL IMPROVEMENTS
1.1 Apportionment of Use. In general, the use of the Pools and
..Pool Improvements shall be apportioned according to the following annual
schedule, with the understanding that the District or the City may give notice in
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g:/j mf/2000agree/pool2(correc ted)
writing of changes for any given year during the annual review of the following
annual schedule.
SCHOOL YEAR (MONDAY through. FRIDAY, including Winter and
Spring Breaks)
a,. 5:30 a.m. to 7:30 a.m.: joint use by the City and the District, with
the District having priority and in charge of scheduling.
b. 7:30 a.m. to 6:00 .p.m.: exclusive use by the District.
c. 6:00 p.m. to 9:00 p.m.: joint use by the City and the District, with
the City having priority and in charge of scheduling.
SUMMER BREAKS (Monday through Friday)
a. 6:00 a.m. 'to 9:00 a.m.: joint use by the City and the District, with
the District having priority and in charge of scheduling.
b. 9:00 a.m. to 6:00 p.m.: exclusive use by the City at the HBHS Pool.
c. 6:00 p.m. to 9:00 p.m.: exclusive use by the City on Mondays,
Wednesdays and Fridays at the HBHS Pool; exclusive use by the
District on Tuesdays and Thursdays at the HBHS Pool.
d. 9:00 a.m. to 9:00 p.m.: joint use by the City and the District at the
OVHS Pool, with the. City having priority and in charge of
scheduling at the, OVHS Pool.
SATURDAYS
a: 5:30 a.m. to 9:00 a.m.: joint use by the City and the District, with
the District having priority and in charge of scheduling.
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g:/j mf/2000agree/poo12(corrected)
b. 9:00 a.m. to 5:00 p.m.: joint use by the City and the District, with
the City having priority and in charge of scheduling, except for six
(6) Saturdays to be mutually agreed upon in writing during the
school year when the District shall have exclusive use.
C. 5:00 p.m. to 9:00 p.m.: exclusive use by the City.
SUNDAYS
6:00 a.m. to 9:00 p.m.: exclusive use by the City, except four (4)
Sundays to be mutually agreed upon in writing each summer when
the District shall have exclusive use.
During periods of joint use, the Party having priority shall be entitled to up
to eighty percent (80%) of the Pool(s) (utilizing the bulkhead) and Pool
Improvements for that Pool. The Party with priority shall determine the area of
the Pool(s) to be used by each Party during a joint use situation.
1.2 Scheduling of Use. Based on the annual schedule set forth in
Subsection 1.1 above, the Parties shall mutually establish a written system to
provide for the coordination and scheduling of the use of the Pools and the Pool
Improvements. Such system shall include a procedure for reserving the use and
prioritization of use of the Pools and the Pool Improvements. The City and the
District further agree that the annual review shall be on or about June 1 st of each
year, and usage of the Pools and the Pool Improvements shall be reviewed to
determine if any revisions in the Agreement are required for the upcoming year,
beginning in September and continuing through August of the following year. If
4
g: /j mf/2000agree/poo12(corrected)
the .District changes to a year-round school schedule, the Parties agree to
cooperate with each other to re -negotiate a schedule.
1.3 . Supervision during Use.
A. At all times when the Pools and Pool Improvements are
actually and exclusively used by the District, the District shall be responsible for
supervision, public . safety and control: . During such periods, the District will
supply all special equipment necessary for teaching and carrying out the school
program. To meet this responsibility, the District shall provide all necessary
personnel during the times the Pools and Pool Improvements are in actual usage
by the District or in actual usage by groups under the control of the District.
B. Duringtimes when the Pools and Pool Improvements are
actually and exclusively used by the City, the City shall be responsible for
supervision, public safety and control. During such periods, the City will supply
all special equipment necessary for carrying out the City program. To meet this
responsibility, the City will provide the necessary swimming instructors, lifeguards
and other necessary personnel during the times the Pools and Pool
Improvements are in actual usage by the City.
C. At all times when the Pools and Pool Improvements are,
jointly. used by' the District and the City, each Party shall be responsible for
supervision, public safety and control of the areas assigned to it. During such
times, each Party will assume responsibility for special equipment necessary in
carrying out its own programs and will provide the necessary. swimming
5
g:%j mf/2000agree/poo12(c orrected)
instructors, lifeguards or other necessary personnel and equipment in the area in
use by that Party.
1.4 Office/Storage Space. The District and the City agree that the
City shall maintain in good order and repair at its own cost and expense a
separate pool office with a desk, chair and telephone connection exclusively for
the City'use year-round at OVHS. The District and the City agree that the City
shall maintain in good order and repair at its own cost and expense two (2) 500
square foot storage areas for the City equipment located in the bathhouse and in
the equipment building at OVHS. The District and the City agree that the City
shall maintain in good order and repair at its own cost and expense a separate
pool office/storage area that will be sectioned off within the pool equipment
building as part of the overall pool development at HBHS.
1.5 Use by Third Parties. During such times that the District or the
City has exclusive use of the Pool(s) and the Pool Improvement(s), the District or
the City may charge reasonable admission or fees for the use of the Pool(s) and
Pool Improvement(s) by outside groups. During periods of joint use, the District
and the City must mutually agree in writing to allow use of the Pool(s) and Pool
Improvement(s) by third parties. Each party is entitled to all third party fees for its
portion of the Pool(s) and Pool Improvement(s) during periods of joint use.
1.6 Pool Improvements. Within sixty (60) days after a written
notice of completion of construction of each of the Pools is issued, the Parties
6
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agree to list, via an addendum to this Agreement, the specific pool
improvements, which will be defined as the Pools Improvements
SECTION 2 MAINTENANCE
2.1 Maintenance. Except as otherwise set forth in. this
Agreement, the District shall maintain the Pools -and the Pool Improvements and
pay all utility and chemical costs associated with the operation of the Pools and
Pool Improvements at its sole cost and expense during the term of this
Agreement and any extensions thereof. Subject to the other provisions of this
Section 2, the District agrees to keep and maintain the Pools and Pool
Improvements in good working order and repair during the term of this
Agreement and any extensions thereof. The maintenance obligations cover
repairs caused by vandalism. The District and the City will mutually agree in
writing to the amount needed to fund future repairs and equipment replacement
and determine the annual set -aside amount for this purpose. All of the costs set
forth in this paragraph are referred to as "Shared Costs." The City will be
assessed its fair share (based on the annual schedule set forth in Subsection 1.1
above) of the Shared Costs incurred by the District each year.
The City will transmit its fair share to the District on a quarterly basis within
sixty (60) days after receiving an accounting by the District calculating the City's
fair share, unless the City disagrees with the District's calculation of the City's fair
share, which. disagreement the City shall submit in writing. Within thirty (30)-days
7
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after the Parties informally resolve the dispute or the City receives the arbitrator's -
written decision (pursuant to Subsection 6.11 below), the City agrees to pay, and
the District agrees to accept as final payment, the amount of the City's fair share
for that year.
In addition, the Parties will review the Shared Costs annually in
conjunction with the review of the annual schedule for joint use. With the
exception of this fair share payment, the District waives all facility use fees to the
City associated with the Pools and Pool Improvements.
2.2 Acts of God. If the Pool(s) or any of the Pool Improvement(s) are
damaged or destroyed by an act of God, including but not limited to occurrences
such as earthquake, flood, fire or storm, the Parties will mutually agree in writing
as to what action, if any, shall be taken to restore and/or repair the Pool(s) or
Pool Improvement(s). In the event that an act of God partially or totally destroys
or damages one or both Pools, or any Pool Improvement, the District shall be
responsible to take appropriate action to abate any resulting dangerous
conditions. The City shall share. any costs incurred by the District to abate the
. dangerous condition upon terms mutually agreed to in writing.
2.3 Closure for Maintenance. Any maintenance procedure, which shall
require the temporary closure of any Pool or Pool Improvement for more than
twenty-four (24) hours, shall occur at times mutually agreed upon in writing
between the Parties. Times for this purpose will be established as part of the
mutually agreed annual schedule. The District will notify the City in writing as
8
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soon as possible if danger to public health and/or safety demands an emergency
closure.
2.4 Temperature. The Pools' temperature shall be maintained at
81-83 degrees year-round.
SECTION 3 TERM/EXTENSIONS/OBLIGATIONS OF THE CITY
3.1 Initial Term. The Initial Term of this Agreement shall be for a
period of twenty-five (25) years commencing on the date this Agreement is fully
executed by the Parties. Notwithstanding the above commencement date, the
Parties understand and agree that each Party's obligations and responsibilities
under this Agreement shall not arise for each Pool, until that Pool is built, filled
with water, and ready to use. Each Party further understands and agrees that
this Agreement shall automatically become null and void as to either or both
Pools if the Pool(s) are not built.
Either Party has the right in its sole discretion to terminate this Agreement
after the initial twenty-five (25) year period with or without cause by providing one
hundred eighty (180) days prior written notice to the other Party. In addition,
either Party may terminate this Agreement if the other Party breaches a material
term of this Agreement and such breach is not cured within one hundred eighty
(180) days of receipt of written notice of such breach from the non -breaching
Party, or such longer period as may be reasonably necessary under the
circumstances.
9
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The District may terminate this Agreement as to either or both Pools with
one (1) year prior written notice, if the District's Board determines that the District
is financially unable to maintain either or both Pools.
Finally, the Parties understand and agree that the City is subject to the
debt limitation restrictions set forth in Article XVI, Section 18 of the California
Constitution. The City may terminate this Agreement at any time with ninety (90) i'
days prior written notice, if City determines that its indebtedness or liability in any
manner or for any purpose exceeds in any year the income and revenue
provided for such year. If that occurs, the City will pay its fair share of the Shared
Costs up to the date of termination.
3.2 Extension. On the expiration of the Initial Term or any
subsequent terms, the term of this Agreement shall be extended for an additional
five (5) year term unless written. notification of cancellation of this Agreement is
given by one or both Parties no less than one' hundred eighty (180) days prior to
the expiration of the Initial Term or any subsequent terms.
SECTION 4 OWNERSHIP OF THE POOLS AND POOL IMPROVEMENTS
The District owns and holds title to the entire school sites upon which will
be constructed both Pools and all Pool Improvements. The District shall own and
hold title to the Pools and all Pool Improvements.
f.
10
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•
•
SECTION 5 INDEMNIFICATION/INSURANCE
5.1 District's Obligation of Indemnification. Neither the City nor any
officer or employee of the City shall be responsible for any personal injury or
property damage or liability occurring by reason of any negligent act(s), negligent
omission(s) or intentional act(s) on the part of the District, its officers, employees
or agents in connection with this Agreement. Additionally, the District shall fully
indemnify, defend and hold the City harmless from and against any liability
imposed as a result of any negligent act(s), negligent omission(s) or intentional
act(s) on the part of the District, its officers, employees or agents in connection
with this Agreement.
5.2 Citrus Obligation of Indemnification. Neither the District nor any
officer or employee of the District shall be responsible for any personal injury or
property damage or liability occurring by reason of any negligent act(s), negligent
omission(s) or intentional act(s) on the*part of the City, its officers, employees or
agents in connection with this Agreement. Additionally, the City shall fully
indemnify, defend and hold the District harmless from and against any liability
imposed as a result of any negligent act(s), negligent omission(s) or intentional
act(s) on the part of the City, its officers, employees or agents in connection with .
this Agreement.
5.3 District's Insurance Obligations. The District shall maintain
general liability insurance, with combined single limit of not less than one million
dollars ($1,000,000) per occurrence for the entire term of this Agreement and any
extensions thereof. Such insurance shall name the City, its officers, employees
and agents as additional insureds; shall be primary with respect to insurance or
11
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self-insurance programs maintained by the City; and shall contain standard
separation of insureds provisions.
The District shall furnish properly executed certificates of insurance to the
City within thirty (30) days of entering into this Agreement, which certificates shall
clearly evidence all coverages required above and provide that such insurance
shall not be materially changed, terminated or allowed to expire except on thirty
(30) days prior written notice to the City.
5.4 City's Insurance Obligations.
The City shall maintain
general
liability insurance, which may be
through a
program of self-insurance,
with a
combined single limit of not less than one million dollars ($1,000,000) per
occurrence for the entire term of this Agreement and any extensions thereof.
Such insurance shall name the District, .its Governing Board, its officers,
employees and agents as additional insureds; shall be primary with respect to
insurance or self-insurance programs maintained by the District; and shall
contain standard separation of insured's provisions.
The City shall furnish properly executed certificates of insurance or self-
insurance to the District within thirty (30) days of entering into this Agreement,
which certificates shall clearly evidence all coverages required above and
provide that such insurance shall not be materially changed, terminated or .
allowed to expire except on thirty (30) days prior written notice to the District.
SECTION 6 GENERAL PROVISIONS
6.1 Notice. Every notice, demand, request, designation, consent,
approval or other document or instrument delivered pursuant to this Agreement
shall be in writing and shall be either personally delivered, sent by Federal
12
g:/j mf/2000agree/poo12( corrected)
Express or other reputable overnight courier, or sent by certified United States
Mail (postage prepaid, return receipt requested), to the addresses set forth below
or to such other addresses as the Parties may designate from time to time:
If to District: Huntington Beach Union High School District
10251 Yorktown Avenue
Huntington Beach, California 92646
Attention: Patricia Koch, Ph.D.
Assistant Superintendent
If to City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Ron Hagan
Director, Community Services
Written notice served shall be effective upon receipt. Each. Party may change its
address (and addressee) for notice purposes by notifying the other Party of this
change pursuant to the notice procedures set forth in this Subsection.
6.2 Covenants and Conditions. Each term and each provision of
this Agreement performable by either Party shall be deemed both a covenant
and a condition.
6.3 Partial Invalidity. If any term or provision of this Agreement or
any extension or application thereof to any Party or circumstances shall, to any .
extent, be invalid or, unenforceable, the remainder of this Agreement or any
extension shall. be valid and enforced to the fullest extent.permitted by law.
6.4 Waiver. No delay or omission in the exercise of any right or
remedy of a nondefaulting Party on any default shall impair such right or remedy
or be construed as a waiver. The City's consent or approval of any action by the
District requiring the City's consent or approval shall not be deemed to waive or
13
g: /j mf/2000agree/pool2 (corrected)
render .unnecessary the City's consent to or approval of any subsequent act of
the District. The District's consent or approval of any action by the City requiring
the District's consent or approval shall not be deemed to waive or render
unnecessary the District's consent to or approval of any subsequent act of the
City. Any waiver by either Party of any default must be in writing and shall not be
a waiver of any other default concerning the same or any other provision of this
Agreement.
6.5 Entire Agreement. This Agreement represents the entire
understanding of the Parties as to those matters contained herein. No prior oral
or written understanding shall be of any force or effect with respect to those
matters covered by this Agreement. This Agreement may not be modified,
altered or amended, except in a writing executed by the Parties.
6.6 Successors and Assigns. The terms and conditions of this
Agreement shall be binding on the successors and assigns of the Parties to this .
Agreement.
6.7 Headings. Headings of this Agreement are solely for the
convenience
of the Parties
and are
not part of this Agreement.
They
are
intended for
reference only,
and no
legal significance of any kind
shall
be
attached to such headings.
6.8 Governing Law. This Agreement shall be governed by the laws
of the State of California and shall be interpreted as if prepared by both parties
hereto.
14
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6.9 No Obligation to Build. Nothing in this Agreement shall be
construed to obligate the District or the City to finance or construct the Pools and
the Pool Improvements.
6.10 Attorney's Fees. In the event suit is brought by either Party to
enforce the terms and provisions of this Agreement or to secure the performance
hereof, each Party shall bear its own attorney's fees.
6.11 Resolution of Disputes. Any disputes between the Parties under
this Agreement shall be informally resolved by the following parties and in the
following order: (1) the District's Assistant Superintendent, Business Services
and the City's Director of Community services; (2) the District Superintendent
and the City Administrator; (3) a committee of both the District's Board of
Trustees and the City Council; (4) the District's Board of Trustees and the City
Council. Finally, if the parties have exhausted their attempts at informal
resolution pursuant to the above four -step process, then the Parties agree to
submit the dispute to binding arbitration before a mutually selected third -party
arbitrator. Each Party will share equally in the cost of any such Arbitrator.
[SIGNATURES ON NEXT PAGE]
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•
•
IN WITNESS WHEREOF, the City and the District have executed this
Agreement in one or more counterparts which, taken together, shall constitute
one Agreement as of the date indicated above.
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
ATTEST:
Clerk, Board of Trustees
wn
TO FORM:
=1
ervices
CITY OF HUNTINGTON BEACH,
a municipal corporation of
the State of California
ATTEST:
doxe'�
-y�
City.Clerk � -s-�
APPROVED AS TO FORM:
3_1�0o City Attorney oLIV/00
INITIATED D APPROVED:
Director of mmunity Services
REVIEWED AND APPROVED:
y Administrator
16
g:/j mfl2000agree/poo12 (corrected)
ATTACHMENT #2
r
•
JOINT FUNDING AGREEMENT BETWEEN THE
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND
THE CITY OF HUNTINGTON BEACH FOR THE FUTURE SWIMMING POOL
AT HUNTINGTON BEACH HIGH SCHOOL
THIS JOINT FUNDING AGREEMENT ("Agreement") is made and entered
into this 5th
day of March , 2001 by and between the
Huntington Beach Union High School District (the "District'), and the City of
Huntington Beach (the "City"), both of whom shall be individually and collectively
referred to as the "Party" or "Parties," and is based upon the following:
RECITALS:
WHEREAS, the City is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the statutes of the State of
California and the Charter of the City;
WHEREAS, the District is a school district duly organized and operated
under the laws of the State of California;
WHEREAS, Section 10900 et seq. of the Education Code of the State of
California authorizes the City and the District to contract with one another to
establish, construct, improve, operate and maintain general educational and
recreational facilities and programs;
g:/jmf/2000agree/poo1 funding agmt 2 /2/20/01
•
WHEREAS, on May 1, 2000, the District and the City entered into an
agreement entitled, "Joint Use Agreement Between Huntington Beach Union
High School District and the City of Huntington Beach for the Future Swimming
Pools at Ocean View High School and Huntington Beach High School" (the "Joint
Use Agreement"), to have the exclusive rights to use the two (2) swimming pools
owned by the District known as the Ocean View High School Swimming Pool (the
"OVHS Pool") and the Huntington Beach High School Swimming Pool (the
"HBHS Pool") (the OVHS Pool and the HBHS Pool will sometimes be individually
and collectively referred to as the "Pool" or "Pools") and all pool oriented
improvements (the "Pool Improvements"), which are to be installed on the Ocean
View High School ("OVHS") and the Huntington Beach High School ("HBHS")
sites;
WHEREAS, the implementation of the Joint Use Agreement is subject to
the City and the District entering into a separate funding agreement for the
construction of the Pools and Pool Improvements;
WHEREAS, the Parties now desire to enter into an agreement for the
funding of the construction of the HBHS Pool and its Pool Improvements;
WHEREAS, the Agreement provides for the City's share of the funding
required for the construction of the HBHS Pool and its Pool Improvements and
an advance of funding to the District to complete its share of the funding
requirement. The District shall repay the advance to the City, with interest, with
an option to repay the City in the form of maintenance credit to offset the City's
2
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•
fair share of the cost of maintenance for the City's use of the HBHS Pool and its .
Pool Improvements;
WHEREAS, the State Park Bond Act of 2000 (Proposition 12) was passed
on March 7, 2000;
WHEREAS, the State Park Bond Act of 2000 funds are in the State
budget for the year 2000-2001 and such funds are available to the City under this
Agreement; and
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
AGREEMENT:
SECTION 1 FUNDING ARRANGEMENT:
1.1 Amount District Owes to City. The projected cost of the
construction of the HBHS Pool and Pool Improvements is one million, eight.
hundred thirty thousand dollars ($1,830,000.00). The Parties agree that each
Party's share of the construction cost is based on that Party's projected usage of
the HBHS Pool and its Pool Improvements. The District's share, based on its
projected usage of the HBHS Pool and its Pool Improvements, is fifty-three
percent (53%) or nine hundred sixty-nine thousand, nine hundred dollars
($969,900.00). The City's share, based on its projected usage of the HBHS Pool
and its Pool Improvements, is forty-seven percent (47%) or eight hundred sixty
thousand, one hundred dollars ($860,100.00). To date, the District has
3
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contributed seven hundred ninety-seven thousand, eight hundred forty-seven
dollars ($797,847.00) and the City has contributed two hundred forty-one
thousand, one hundred eighty-one dollars ($241,181.00). The District's
remaining balance is one hundred seventy-two thousand, fifty-three dollars
($172,053.00) and the City's remaining balance is six hundred eighteen
thousand, nine hundred nineteen dollars ($618,919.00). Thus, the total
remaining balance for the District and the City is seven hundred ninety thousand,
nine hundred seventy-two dollars ($790,972.00).
The City will use seven hundred ninety thousand, nine hundred
seventy-two dollars ($790,972.00) of the City's State Park Bond Act of 2000
(Proposition 12) funds for its share of six hundred eighteen thousand, nine
hundred nineteen dollars ($618,919.00) and advance the District one hundred
seventy-two thousand, fifty-three dollars ($172,053.00), which the District shall
repay with interest to the City. The City will make periodic payments to the
District of the City's remaining share of the construction costs and the City's
advancement to the District, if any, based upon the construction vendor payment
schedule.
The City's Director of Community Services and the District's
Assistant Superintendent, Business Services must mutually agree in writing on
any change to the projected or actual cost of the construction of the HBHS Pool
and its Pool Improvements. Each Party's share of the actual cost of construction
of the HBHS Pool and its Pool Improvements shall be based on the percentage
split listed above. In addition, if the District's share increases, the City has the
4
g1jmf/2000agree/pool funding agmt 2 /2/20/01
option to advance to the District its increased remaining balance, which the
District will repay with interest.
1.2 District's Option Not to Receive Advancement. If the District elects
to receive no advancement or a partial advancement of the one hundred
seventy-two thousand, fifty-three dollars ($172,053.00), the District shall pay the
remaining balance of its construction costs in periodic payments based on the
construction vendor payment schedule.
1.3 District's Repayment of Advancement by City. If the District
chooses to receive the advance, the District shall repay the City for the City's
advancement of the District's share as follows:
A. The District shall pay the City interest of six percent (6.0%)
on the advancement portion of the funds the City transfers to
the District, which interest shall accrue from the date the City
transfers funds to the District. The District shall repay the
City in quarterly payments over a period not to exceed five
(5) years.
B. In lieu of cash repayment, the District shall have the option
to repay the City in maintenance credit, which maintenance
credit shall be subject to the 6.0% interest, which interest
shall accrue from the date the City transfers funds to the
District. Under the Joint Use Agreement, the City will be
assessed its fair share of the Shared Costs (as that term is
defined in the Joint Use Agreement) incurred by the District
5
g1jmf/2000agree/pool funding agmt 2 /2/20/01
1]
in maintaining the HBHS Pool and its Pool Improvements
each year. Under the Joint Use Agreement, unless the
amount of the City's fair share is disputed, the City shall
transmit its fair share to the District on a quarterly basis
within sixty (60) days after receiving an accounting by the
District calculating the City's fair share. The District shall
indicate that it is giving the City credit for the City's fair share
of the Shared Costs when it sends its quarterly accounting to
the City. For purposes of calculating interest owed to the
City, the City will deduct the maintenance credit from the
outstanding balance owed by the District at the end of that
quarter. If a dispute arises regarding the amount of the
City's fair share, the maintenance credit and interest
calculation will be readjusted after the amount of the City's
fair share is resolved pursuant to the procedures set forth in
the Joint Use Agreement. For purposes of calculating
interest owed to the City, interest on the disputed quarterly
maintenance credit will be suspended during the dispute
period.
C. At any time, the District may choose to repay the City all or a
portion of the outstanding balance on the advancement, plus
any accrued interest in a cash payment.
6
g1jmf/2000agree/pool funding agmt 2 /2/20/01
•
D. If the District terminates the Joint Use Agreement for any
reason before the District repays the City in full for the
advancement, then the District shall repay the City the entire
outstanding balance remaining on the advancement plus
accrued interest within thirty (30) days of the date of
termination.
E. Under the terms of the State Park Bond Act of 2000 funding
requirements, if the funded project is not completed, then the
City must return the funds with interest to the State.
Consequently, if through the fault of the District, the HBHS
Pool and its Pool Improvements are not completely
constructed, filled with water and ready to use within twenty-
four (24) months from the date the City receives the State
funds, then the District shall repay the City the City's entire
share of the City's construction costs plus accrued interest at
six percent (6.0%) and the entire amount of the City's
advancement to the District plus accrued interest.
F. If the District refuses to allow the City use of the HBHS Pool
and its Pool Improvements in violation of the Joint Use
Agreement or if the City terminates the Joint Use Agreement
based on an uncured default of the District, then the District
shall repay the City (1) an amount equal to the City's entire
share of the City's construction costs (prorated at four
7
g:/jmf/2000agree/pool funding agmt 2 /2/20/01
•
percent (4%) for each year remaining of the initial twenty-five
(25) year term of the Joint Use Agreement) plus accrued
interest at six percent (6.0%) for the remaining years left
under the. initial twenty-five (25) year term and (2) the entire
amount, if any, of the City's advancement to the District plus
accrued interest, all within thirty (30) days after the District
breaches the Joint Use Agreement or the City terminates the
Joint Use Agreement based on an uncured default of the
District.
G. If the District refuses to make its quarterly payments of the
funds advanced by the City to the District under this
Agreement or refuses to give the City a maintenance credit
for the City's quarterly payments of the City's fair share of
the Shared Costs of maintaining the HBHS Pool and its Pool
Improvements, the District agrees that the City shall be
allowed to withhold its quarterly payments of the City's fair
share of the Shared Costs to the District under the Joint Use
Agreement until 'the District makes the quarterly payments or
gives the City the maintenance credit. This remedy to the
City does not constitute the City's sole legal option. The
District also agrees that the City's withholding of its quarterly
payments of the City's fair share of the Shared Costs under
8
g:/jmf/2000agree/pool funding agmt 2 /2/20/01
•
•
these circumstances does not constitute a breach of the
Joint Use Agreement.
H. If prior to the end of the initial twenty-five (25) year term the
City determines it no longer has a need for the HBHS Pool
and its Pool Improvements, and terminates. the Joint Use
Agreement, the City agrees that the District does not owe
the City for the City's share of cost of construction of the
HBHS Pool and its Pool Improvements. Further, the District
will be entitled to continue to make payments on the
remaining balance of the advancement, if any, as if the City
were continuing to use the HBHS Pool.
SECTION 2 GENERAL PROVISIONS
2.1 Notice. Every notice, demand, request, designation, consent,
approval or other document or instrument delivered pursuant to this Agreement
shall be in writing and shall be either personally delivered, sent by Federal
Express or other reputable overnight courier, or sent by certified United States
Mail (postage prepaid, return receipt requested), to the addresses set forth below
or to such other addresses as the Parties may designate from time to time:
If to District: Huntington Beach Union High School District
10251 Yorktown Avenue
Huntington Beach, California 92646
Attention: Patricia Koch, Ph.D.
Assistant Superintendent
9
g:1jmf/2000agree/poo1 funding agmt 2 /2/20/01
If to City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Ron Hagan
Director, Community Services
Written notice served shall be effective upon receipt. Each Party may change its
address (and addressee) for notice purposes by notifying the other Party of this
change pursuant to the notice procedures set forth in this Subsection. All
payments made by the District shall be sent to the City of Huntington Beach,
Attention City Treasurer, P. O. Box 711, Huntington Beach, CA 92648, or to such
other address as the City may designate from time to time.
2.2 Covenants and Conditions. Each term and each provision of
this Agreement performable by either Party shall be deemed both a covenant
and a condition.
2.3 Partial Invalidity. If any term or provision of this Agreement or
any extension or application thereof to any Party or circumstances shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement or any
extension shall be valid and enforced to the fullest extent permitted by law.
2.4 Waiver. No delay or omission in the exercise of any right or
remedy of a nondefaulting Party on any default shall impair such right or remedy
or be construed as a waiver. The City's consent or approval of any action by the
District requiring the City's consent or approval shall not be deemed to waive or
render unnecessary the City's consent to or approval of any subsequent act of
the District. The District's consent or approval of any action by the City requiring
the District's consent or approval shall not be deemed to waive or render
10
g1jmf/2000agree/pool funding agmt 2 /2/20/01
unnecessary the District's consent to or approval of any subsequent act of the
City. Any waiver by either Party of any default must be in writing and shall not be
a waiver of any other default concerning the same or any other provision of this
Agreement.
2.5 Entire Agreement, This Agreement represents the entire
understanding of the Parties as to those matters contained herein. No prior oral
or written understanding shall be of any force or effect with respect to those
matters covered by this Agreement. This Agreement may not be modified,
altered or amended, except in a writing executed by the Parties.
2.6 Successors and Assigns. The terms and conditions of this
Agreement shall be binding on the successors and assigns of the Parties to this
Agreement.
2.7 Headings. Headings of this Agreement are solely for the
convenience of the Parties and are not part of this Agreement. They are
intended for reference only, and no legal significance of. any kind shall be
attached to such headings.
2.8 Governing Law. This Agreement shall be governed by the laws
of the State of. California and shall be interpreted as if prepared by both Parties
hereto.
. 2.9 Attorney's Fees. In the event suit is brought by either Party to
enforce the terms and provisions of this Agreement or to secure the performance
hereof, each Party shall bear its own attorney's fees.
11
g:/jmf/2000agree/pool funding agmt 2 /2/20/01
2.10 Resolution of Disputes. Any disputes between the Parties under
this Agreement shall be informally resolved by the following Parties and in the
following order: (1) the District's Assistant Superintendent, Business Services
and the City's Director of Community Services; (2) the District Superintendent
and the City Administrator; (3) a committee of both the District's Board of
Trustees and the City Council; (4) the District's Board of Trustees and the City
Council. Finally, if the Parties have exhausted their attempts at informal
resolution pursuant to the above four -step process, then the Parties agree to
submit the dispute to binding arbitration before a mutually selected third -party
arbitrator. Each Party will share equally in the cost of any such Arbitrator.
[SIGNATURES ON NEXT PAGE]
12
g:/jmf/2000agree/pool funding agmt 2 /2/20/01
IN WITNESS WHEREOF, the City and the District have executed this
Agreement in one or more counterparts which, taken together, shall constitute
one Agreement as of the date indicated above.
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
Sup Intendent
ATTEST:
/.0"", -01
,
C•. • of
APPROVED AS TO FORM:
Z4&1/d 4, �4'lvk
School Legal Services
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
. t /
2-*City Attorney
INITIATED AND APPROVED:
xli--�
Director of Community Services
REVIEWED AND APPROVED:
Q �P�-
ity Administrator
13
g1jmf/2000agree/pool funding agmt 2 /2/20/01
ATTACHMENT #3
y Y 116,+ •
•
AMENDMENT NO. 1 TO JOINT USE AGREEMENT BETWEEN
THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND
THE CITY OF HUNTINGTON BEACH FOR THE FUTURE SWIMMING POOLS
AT OCEAN VIEW HIGH SCHOOL AND HUNTINGTON BEACH HIGH SCHOOL
THIS AMENDMENT NO. 1 is made and entered into this 5tn day of
Ma h , 2001, by and between the Huntington Beach Union High School
District (the "District') and the City of Huntington Beach, a municipal corporation of the
State of California (the "City"), both of whom shall be individually and collectively
referred to as the "Party" or "Parties."
WHEREAS, the City and the District are parties to that certain agreement, dated
May 1, 2000, entitled, "Joint Use Agreement Between Huntington Beach Union High
School District and the City of Huntington Beach for the Future Swimming Pools at
Ocean View High School and Huntington Beach High School," which agreement shall
hereinafter be referred to as the "Original Agreement," and
The City and the District wish to amend certain sections of the Original
Agreement,
NOW, THEREFORE, it is agreed by the City and the District as follows:
1. Amended Section 2.1.
Section 2.1 is amended to read as follows:
2.1 Maintenance. Except as otherwise set forth in this
Agreement, the District shall maintain the Pools and the Pool Improvements and pay all
utility and chemical costs associated with the operation of the Pools and Pool
Improvements at its sole cost and expense during the term of this Agreement and any
extensions thereof. Subject to the other provisions of this Section 2, the District agrees
1
g/jm172001agree/pool amend./2/20/01
to keep and maintain the Pools and Pool Improvements in good working order and
repair during the term of this Agreement and any extensions thereof. The maintenance
obligations cover repairs caused by vandalism. The District and the City will mutually
agree in writing to the amount needed to fund future repairs and equipment replacement
and determine the annual set -aside amount for this purpose. All of the costs set forth in
this paragraph are referred to as "Shared Costs." The City will be assessed its fair
share (based on the annual schedule set forth in Subsection 1.1 above) of the Shared
Costs incurred by the District each year.
The City will transmit its fair share to the District on a quarterly basis within sixty
(60) days after receiving an accounting by the District calculating the City's fair share,
unless the City disagrees with the District's calculation of the City's fair share, which
disagreement the City shall submit in writing. Within thirty (30) days after the Parties
informally resolve the dispute or the City receives the arbitrator's written decision
(pursuant to Subsection 6.11 below), the City agrees to pay, and the District agrees to
accept as final payment, the amount of the City's fair share for that quarter.
In addition, the Parties will review the Shared Costs annually in conjunction with
the review of the annual schedule for joint use. With the exception of this fair share
payment, the District waives all facility use fees to the City associated with the Pools
and Pool Improvements.
2. Amended Section 3.1.
Section 3.1 is amended to read as follows:
3.1 Initial Term. The Initial Term of this Agreement for each Pool shall
be for a period of twenty-five (25) years commencing on the date the notice of
2
g/jm172001agree/pool amend/2/20/01
•
completion of construction of that Pool is issued. Notwithstanding the above
commencement date, the Parties understand and agree that each Party's obligations
and responsibilities under this Agreement shall not arise for each Pool, until that Pool is
built, filled with water, and ready to use. Each Party further understands and agrees
that this Agreement shall automatically become null and void as to either or both Pools
if the Pool(s) are not built.
Either Party may terminate this Agreement if the other Party breaches a material
term of this Agreement and such breach is not cured within one hundred eighty (180)
days of receipt of written notice of such breach from the non -breaching Party, or such
longer period as may be reasonably necessary under the circumstances. Under that
certain agreement entitled "Joint Funding Agreement Between the Huntington Beach
Union High School District and the City of Huntington Beach for the Future Swimming
Pool at Huntington Beach High School," dated March 5 , 2001 ("the Joint
Funding Agreement"), if the District refuses to make its quarterly payments of the funds
the City transfers to the District under the Joint Funding Agreement or refuses to give
the City a maintenance credit for the City's quarterly payments of the City's fair share of
the Shared Costs of maintaining the HBHS Pool and its Pool Improvements, the District
agrees that the City shall be allowed to withhold its quarterly payments of the City's fair
share of the Shared Costs of maintaining the HBHS Pool and its Pool Improvements to
the District under this Agreement until the District makes the quarterly payments or
gives the City the maintenance credit. The District also agrees that the City's
withholding of its quarterly payments of the funds the City transfers to the District under
3
g./jmf/2001agree/pool amend/2/20/01
1 � �
•
the Joint Funding Agreement under these circumstances does not constitute a breach
of this Agreement.
The District may terminate this Agreement as to either or both Pools with one (1)
year prior written notice, if the District's Board determines that the District is financially
unable to maintain either or both Pools. If this occurs, the City shall have the option to
use and maintain either or both Pools, which the District has determined that it is
financially unable to maintain.
Finally, the Parties understand and agree that the City is subject to the debt
limitation restrictions set forth in Article XVI, Section 18 of the California Constitution.
The City may terminate this Agreement at any time with ninety (90) days prior written
notice, if City determines that its indebtedness or liability in any manner or for any
purpose exceeds in any year the income and revenue provided for such year. If that
occurs, the City will pay its fair share of the Shared Costs up to the date of termination.
3. Reaffirmation.
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
4
g/jmf/2001 agree/pool amend/2/20/01
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT
NO. 1 to be executed by and through their authorized offices the day, month and year
first above written
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
By:
erintendent
AND
By
Clerk, Board of Trustees
APPROVED AS TO FORM:
School-._
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
Mayor
ATTEST:,
City Clerk
APPROVED AS TO FORM:
'�-City Attorney C a/
INITIATED AND APPROVED:
DiredfKr of Community
Services
REVIEWED AND APPROVED:
Ci Administrator
g/jmf/2001agree/pool amend/2/20/01
ATTACHMENT #4
W"o
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: Clay Martin, Acting Director of Administrative Services
Subject: FIS 2001-16 Approve State Park Bond Act of 2000 Funding
Agreement with the Huntington Beach Union High School District
Construction of Pool
Date: January 3, 2001
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for. "Approve State Park Bond Act of 2000 Funding
Agreement with the Huntington Beach Union High School District
Construction of Pool."
If the City Council approves this request (total appropriation
$790,965), the estimated unappropriated, undesignated Park
Acquisition and Development Fund balance at September 30, 2001
will be reduced to $335,000. -
Clay Mg re
Acting irector of Administrative Services
RCA ROUTING SHEET
INITIATING DEPARTMENT:
COMMUNITY SERVICES
SUBJECT:
APPROVE AGREEMENT WITH HBUHSD FOR FUNDING
OF CONSTRUCTION OF HIGH SCHOOL POOL
COUNCIL MEETING DATE:
March 5, 2001
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbud et, over $5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
RCA Author: /
'A
a
0
HUNTINGTON BEACH HIGH SCHOOL POOL
STATEMENT OF ISSUE
Approve Proposition 12 State Park Bond Act of
2000 funding agreement with the HB Union
High School District for construction_ of the
Huntington Beach High School Pool.
HISTORY OF THE PROJECT
Take The Plunge
• City/District hire consultant - 1999
• City Council / School Board Committee - 1999
• Joint use agreement approved May 1, 2000
• School district responsible for 53% - City 47%
• Projected cost $
District share $96!
City share $860,1C
RECENED FFOM_
AND A OFF �F4 oT TiIE
01 /
aFROE OF 1
OMM BFoc.KWAY, aw CLEW
CONTRIBUTION DETAILS: Distri sty
Take the Plunge $358,819
District $4 0
Total to date $797,847
Balance to be funded $172,053
*City will fund $71
Prop 12 State Park Bond
$241,181
$241,181
$618,919
+ $618,919) from
*District repays the city $172,053 - max. 5 years with
interest; cash payments or maintenance credits
• City fronts funds from PA&D Fund; State
reimburses City with Prop 12 - - allows project to
proceed now
• City & District share the pool year around
-majority of city use: summer
-majority of high school use: school year
• City needs the pool:
+Youth Needs Assessment Study o 0
+Activities:
0
Community Swim Lessons
Jr. Guard training and try -outs O o
Life Saving Training & Classes
Special Interest Classes
Competitive Swim Programs <�-
Recreational Swim
• City pays maintenance cost w/ user fees
2
•
•
RECOMMENDATION
• Approve joint funding agreement
• Approve submitting project to state for Prop 12
funds
• Appropriate $790,972 from PA&D to be reimbursed
by Prop 12
• Correction to Recommendation # 4:
Approve Amendment No. 1 to the Joint Use Agreement
between the Huntington Beach Union High School District and
the City of Huntington Beach for the Future Swimming Pools at
Ocean View High School and Huntington Beach High School,
amending the initial term start date to notice of completion
rather than execution date of contract, and amending the
maintenance section to indicate payment on quarterly basis,
not yearly.
3
10
.44 "le
DATE:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CAL. IFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
05-05-00
TO: HB Union High School District
N18251 Yorktown Avenue
Street
Huntington Beach,.CA 92646
City, State, Zip
ATTENTION: Patricia Koch, Ph.D.
DEPARTMENT:
REGARDING: Joint Use Agreement
See Attached Action Agenda Ite -- F — 2 Date of Approval 5 —1— 0 0
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
40wo� OA4wr
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x
RCA
CC: R. Hagan Comm. Serv. x
Name Department RCA
Name
Name
Name
C. Mendoza
Department
Department
Department
x
Risk Management Dept.
RCA
RCA
RCA
Bonds
Deed
x
Agreement
Agreement
Agreement
Agreement
Insurance x
Other
x
Insurance
Other
Insurance
Other
Insurance
Other
Insurance
Other
x
Insurance
G:Followup/Letters/coverltr
( Telephone: 714-536.5227 )
Council/Agency Meeting Held:
Deferred/Continued to:
Approve 0 Conditionally Ap roved 0 Denied
V4
y Cl e Signature
Council eeting Date: May 1, 2000.
Department ID Number: CS 00-003
CITY OF HUNTINGTON BEACH
C
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY:
RAY SILVER, City Administrator
r,_,.
PREPARED BY:
RON HAGAN, Director, Community Services
�..
n
SUBJECT:
APPROVE A JOINT USE AGREEMENT WITH HUNTINGTON
BEACH
HIGH
SCHOOL DISTRICT SPECIFICALLY FOR FUTURE AQUATICS FACILITIES
AT
HUNTINGTON BEACH HIGH SCHOOL AND OCEAN VIEW HIGH SCHOOL
Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachments)]
Statement of Issue: Shall the city enter into a 25-year joint use agreement with the
Huntington Beach Union High School District to provide swim lessons and recreational
swimming at Huntington Beach High School and Ocean View High School, if and when,
these pool facilities are built?
Fundincl Source: Does not require funding at this time. When pools are built, user fees will
pay city's share of maintenance and program costs.
Recommended Actions: Motion to
1. Approve the 25-year, joint use agreement with the Huntington Beach Union High School
District, and authorize the Mayor and City Clerk to execute same; and
2. Approve the reciprocal indemnification obligations between the city and district as noted
in the agreement.
-(Plus direct thersubject of Aquatic Facilities at HBHS & OVHS be -put on IRC
Alternative Action: Do not approve the joint use agreement with the Huntington Beach agenda,
Union High School District, and give staff direction on desired changes.
Analysis: The Community Services Department and the Huntington Beach Union High
School District, along with representatives from Save -Our -Kids and community aquatic
groups, have been working together to address the problem of inadequate aquatic facilities
for the Huntington Beach community. After identifying programming needs for both the city
and district, a site committee recommended developing a new 50-meter pool at Ocean View
High School and rebuilding the Huntington Beach High School pool. Concentrating on
providing facilities at these locations will eliminate the expense of additional land and the
impact on existing parkland. The City Council approved the conceptual plans for these
locations at its August 16, 1999 meeting. Mayor Garofalo and Councilman Bauer were
appointed to the City Council/School District Board Aquatics Committee.
�,z
0
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: CS 00-003
The process to date has been a collaborative effort between the community, city, and
school district. The goal is to continue with an equitable and cooperative partnership once
the aquatic facilities are completed and operating. Toward that end, city and district
personnel have held several meetings to co-author a joint use agreement that identifies a
level of usage, obligations, and responsibility to maintain general education and recreation
facilities and programs. The Council/Board Aquatics Committee has reviewed and
approved the terms of the agreement. These terms are outlined below:
1. Term of Agreement - The initial term of the agreement will be 25 years from the date of
completion of each facility, with an annual review of covenants and conditions. Areas of
insurance and indemnification are consistent with the current use agreement with the
school district relating to other facilities.
2. Shared Use - Use of the facilities will be shared between the city and district seven days
a week on a school year and vacation period schedule. Usage will be divided into the
categories of °exclusive use" and "joint use with priority". The group having priority during
periods of joint use will be entitled to up to 80 percent of the pool area for programming
and will be in charge of scheduling.
3. Supervision - The group having exclusive use will be solely responsible for the
supervision, public safety, and control of the facilities. During periods of joint use, both
parties will assume supervision responsibilities.
4. Maintenance - Maintenance of the facilities will be the responsibility of the district with the
city providing reimbursements for utilities, maintenance, and replacement costs based
upon its actual usage. With the exception of this reimbursement, the district will waive all
facility use fees associated with city use of the pools.
The city and school district have a long history of cooperation and sharing of each other's
facilities. The skateboard facility at HBHS and the tennis courts at OVHS are prime
examples. The city and school district have received two $100,000 grants for the HBHS pool
due to the efforts of Assemblyman Scott Baugh. The latest grant is contingent on the
approval of the joint use agreement by the city and school district. The school board
approved the agreement on April 11, 2000. City staff and the City Council/School District
Board Aquatic Committee are recommending approval of the agreement. The shared
funding of the construction of these pools will be addressed in a separate agreement
if funds become available for construction.
Environmental Status: School district shall take the lead for environmental approval.
Attachment(s)•
Aquatics Joint Use Agreement CS99-048 -2- April 19, 2000 10:19 AM
ATTACHMENT #1
t
JOINT USE AGREEMENT BETWEEN
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND
THE CITY OF HUNTINGTON BEACH FOR THE FUTURE SWIMMING POOLS
AT OCEAN VIEW HIGH SCHOOL AND HUNTINGTON BEACH HIGH SCHOOL
THIS JOINT USE AGREEMENT ("Agreement") is made and entered into
this 1st day. of. May 2000 by and between the
Huntington Beach Union High School District (the "District"), and the City of
Huntington Beach (the "City"), both of whom shall be individually and collectively
referred to as the "Party" or "Parties," and is based upon the following:
RECITALS:
WHEREAS, the City is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the statutes of the State of
California and the Charter of the City;
WHEREAS, the District is a school district duly organized and operated
under the laws of the State of California;
WHEREAS, Section 10900 et seq. of the Education Code of the State of
California authorizes the City and the District to contract with one another to
establish; construct, improve, gperate and maintain general educational and
recreational facilities and programs;
WHEREAS, the District and the City wish to have the exclusive rights to
use the two (2) swimming pools owned by the District known as the Ocean View
1
g:/j mf/2000agree/poo12(corrected)
High School Swimming Pool (the 'OVHS Pool") and the Huntington Beach High
School Swimming Pool (the "HBHS Pool") (the OVHS Pool and the. HBHS Pool
will sometimes be individually and collectively referred to as the "Pool" or "Pools")
and all pool oriented improvements (the "Pool Improvements"), which are to be
installed on the Ocean View' High School ("OVHS") and the Huntington Beach
High School ("HBHS") sites, subject to the City and the District entering into a
separate funding agreement for the construction of the Pools and Pool
Improvements; and
WHEREAS, in order to jointly use the Pools and Pool Improvements
placed on the school sites, the City and the District are willing to share the costs
and responsibilities for the usage and maintenance as set forth in this
Agreement, based on the annual schedule set forth in Subsection 1.1 of this
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:.
AGREEMENT:
SECTION 1 JOINT USE OF POOLS AND POOL IMPROVEMENTS
1.1 Apportionment of Use. In general, the use of the Pools and
Pool Improvements shall be apportioned according to the following annual
schedule, with the understanding that the District or the City may give notice in
2
g: /j mf/2000agree/poo12(c orrected)
writing of changes for any given year during the annual review of the following
annual schedule.
SCHOOL YEAR (MONDAY through FRIDAY, including Winter and
Spring Breaks) .
a. 5:30 a.m. to 7:30 a.m.: joint use by the City and the District, with
the District having priority and in charge of scheduling.
b. 7:30 a.m. to 6:00 p.m.: exclusive use by the District.
C. 6:00 p.m. to 9:00 p.m.: joint use by the City and the District, with
the City having priority and in charge of scheduling.
SUMMER BREAKS (Monday through Friday)
a. 6:00 a.m. to 9:00 a.m.: joint use by the City and the District, with
the District having priority and in charge of scheduling.
b. 9:00 a.m. to 6:00 p.m.: exclusive use by the City at the HBHS Pool.
C. 6:00_ p.m. to 9:00 p.m.: exclusive use by the City on Mondays,
Wednesdays and Fridays at the HBHS Pool; exclusive use by the
District on Tuesdays and Thursdays at the HBHS Pool.
d. 9:00 a.m. to 9:00 p.m:: joint use by the City and the District at the
OVHS Pool, with the City having priority and in charge of
scheduling at the OVHS Pool.
SATURDAYS
a: 5:30 a.m. to 9:00 a.m.: joint use by the City and the District, with
the District having priority and in charge of scheduling.
3
g:/j mf/2000agree/poo12(corrected)
b. 9:00 a.m. to 5:00 p.m.: joint use by the City and -the District, with
the City having priority and in charge of scheduling, except for six
(6) Saturdays to be mutually agreed upon in writing during the
school year when the District shall have exclusive use.
C. 5:00 p.m. to 9:00 p.m.: exclusive use by the City.
SUNDAYS
6:00 a.m. to 9:00 p.m.: exclusive use by the City, except four (4)
Sundays to be mutually agreed upon in writing each summer when
the District shall have exclusive use.
During periods of joint use, the Party having priority shall be entitled to up
to eighty percent (80%) of the Pool(s) (utilizing the bulkhead) and Pool
Improvements for that Pool. The Party with priority shall determine the area of
the Pool(s) to be used by each Party during a joint use situation.
1.2 Scheduling of Use. Based on the .annual schedule set forth. in
Subsection 1.1 above, the Parties. shall mutually establish a written system to
provide for the coordination and scheduling of the use of the Pools and the Pool
Improvements. Such system shall include a procedure for reserving the use and
prioritization of use of the Pools and the Pool Improvements. The City and the
District further agree that the annual review shall be on or about June 1 st of each
year, and usage of the Pools and the Pool Improvements shall be reviewed to
determine if any revisions in the Agreement are required for the upcoming year,
beginning in September and continuing through August of the following year. If
4
g:/j mf/2000agree/poo12 (corrected)
the District changes to a year-round school schedule, the Parties agree to
cooperate with each other to re -negotiate a schedule.
1.3 Supervision during Use.
A. At all times when the Pools and Pool Improvements are
actually and exclusively used by the District, the District shall be responsible for
supervision, public safety and control. During such periods, the District will
supply all special equipment necessary for -teaching and carrying out the school
program. To meet this responsibility, the District shall provide all necessary
personnel during the times the Pools and Pool Improvements are in actual usage
by the District or in actual usage by groups under the control of the District.
B. During times when the Pools and Pool Improvements are
actually and exclusively used by the City, the City shall. be responsible for
supervision, public safety and control. During such periods, the City will supply
all special equipment necessary for carrying out the City program. To meet this
responsibility, the City will provide the necessary swimming instructors, lifeguards
and other necessary personnel during the times the Pools and Pool
Improvements are in actual usage by the City.
C. At all times when the Pools and Pool Improvements are
jointly used by the District and the City, each Party shall be responsible for
supervision, public safety and control of. the areas assigned to it. During such
times, each Party will assume responsibility for special equipment necessary in
carrying out its own programs and will provide the necessary swimming
11
5
g:/j mf/2000agree/poo12(corrected)
•
0
instructors, lifeguards or other necessary personnel and equipment in the area in
use by that Party.
1.4 Office/Storage Space. The District and the City agree that the
City shall maintain in good order and repair at its own cost and expense a
separate pool office with a desk, chair and telephone connection exclusively for
the City use year-round at OVHS: The District and the City agree that the City
shall maintain in good order and repair at its own cost and expense two (2) 500
square foot storage areas for the City equipment located in the bathhouse and in
the equipment building at OVHS. The District and the City agree that the City
shall maintain in good order and repair at its own cost and expense a separate
pool office/storage area that will be sectioned off within the pool equipment
.building as part of the overall pool development at HBHS.
1.5 Use by Third Parties. During such times that the District or the
City has exclusive use of the Pool(s) and the Pool Improvement(s), the District or
the City may charge reasonable admission or fees for the use of the Pool(s) and
Pool Improvement(s) by outside groups. During periods of joint use, the District
and the City must mutually agree in writing to allow use of the Pool(s) and Pool
Improvement(s) by third parties. Each party is entitled to all third party fees for its
portion of the Pool(s) and Pool Improvement(s) during periods of joint use.
1.6 Pool Improvements. Within sixty (60) days after a written
notice of completion of construction of each of the Pools is issued, the Parties
6
g:/j mf/2000agree/poo12(c orrected)
•
•
agree to_ list, via., -an addendum to this., Agreement, the .,specific pool
improvements, which will be defined as the Pools Improvements.
SECTION 2 MAINTENANCE
2.1 Maintenance.'. Except as otherwise set, forth in. this
Agreement, the District shall maintain the Pools and the Pool Improvements and
pay all utility and chemical costs associated with the operation of the Pools and
Pool Improvements at its sole cost and expense during the term of this
Agreement and any extensions thereof. Subject to the other provisions .of this
Section 2, the District agrees to keep and maintain the Pools and Pool
Improvements in good working order and repair during the term of this
Agreement and any extensions thereof. The maintenance obligations cover
repairs caused by vandalism. The District and the City will mutually agree in
writing to the amount needed to fund future repairs and equipment replacement
and determine the annual set -aside amount for this purpose. All of the costs set
forth in this paragraph are referred to as "Shared Costs." The City will be
assessed its fair share (based on the annual schedule set forth in Subsection 1.1
above) of the Shared Costs incurred by the District each year.
The City will transmit its fair share to the District on a quarterly basis within
sixty (60) days after receiving an accounting by the District calculating the City's
fair share, unless the City disagrees with the District's calculation of the City's fair
share, which disagreement the City shall submit in writing. Within thirty (30) days
7
g: /jmf/2000agree/poo12 (corrected)
after the Parties informally resolve the dispute, or the City receives the arbitrator's
written decision (pursuant to Subsection 6.11 below), the City agrees to pay, and
the District agrees to accept as final payment, the amount of the City's fair share
for that year.
In addition, the Parties will review the Shared Costs annually in
conjunction with the review of the annual schedule for joint use. With the
exception of this fair share payment, the District waives all facility use fees to the
City associated with the Pools and Pool Improvements.
2.2 Acts of God. If the Pool(s) or any of the Pool Improvement(s) are
damaged or destroyed by an act of God, including but not limited to occurrences
such as earthquake, flood, fire or storm, the Parties will mutually agree in writing
as to what action, if any, shall be taken to restore and/or repair the Pool(s) or.
Pool Improvement(s). In the event that an act of God partially or totally destroys
or damages one or both Pools, or any Pool Improvement, the District shall be
responsible to take appropriate action to abate any resulting dangerous
conditions.. The City shall share'any costs incurred by the District. to abate 'the
dangerous condition upon terms mutually agreed to in writing.
2.3 Closure for Maintenance. Any maintenance procedure, which shall
require the temporary closure of any Pool or Pool Improvement for more than
twenty-four (24) hours, shall occur at times mutually agreed upon in writing
between the Parties. Times .for this purpose will be established as part of the
mutually agreed annual schedule. The District will notify the City in writing as
8
g: /jmf/2000agree/poo12(corrected)
soon. as possible if danger to public health and/or safety demands an emergency
closure.
2.4 Temperature. The Pools' temperature, shall be maintained at
81-83 degrees year-round.
SECTION 3 TERM/EXTENSIONS/OBLIGATIONS OF THE CITY
3.1 Initial Term. The Initial Term of this Agreement shall be for a
period of twenty-five (25) years commencing on the date this Agreement is fully
executed by the Parties. Notwithstanding the above commencement date, the
Parties understand and agree that each Party's obligations and responsibilities
under this Agreement shall not arise for each Pool, until that Pool is built, filled
with water, and ready to use. Each Party further understands and agrees that
this Agreement shall automatically become null and void as to either or both
Pools if the Pool(s) are not built.
Either Party has the right in its sole discretion to terminate this Agreement
after the initial twenty-five (25) year period with or without cause by providing one
hundred eighty (180) days prior written notice to the other Party. In addition,
either Party may terminate this Agreement if the other Party breaches a material
term of this Agreement and such breach is not cured within one hundred eighty
(180) days of receipt of written notice of such breach from the non -breaching
Party, or such longer period as may be reasonably necessary under the
circumstances.
9
g:/j mf/2000agree/poo12(corrected)
r�L
The District may terminate this Agreement as to either or both Pools with
one (1) year prior written notice, if the District's Board determines that the District
is financially unable to maintain either or both Pools.
Finally, the Parties understand and agree that the City is subject to the
debt limitation restrictions set forth in Article XVI, Section.18 of the California
Constitution. The City may terminate this Agreement at any time with ninety (90)
days prior written notice, if City determines that its indebtedness or liability in any
manner or for any purpose exceeds in any year the income and revenue
provided for such year. If that occurs, the City will pay its fair share of the Shared
Costs up to the date of termination.
3.2 Extension. On the expiration of the Initial Term or any
subsequent terms, the term of this Agreement shall be extended for an additional
five (5) year term unless written notification of cancellation of this Agreement is
given by one or both Parties no less than one hundred eighty (180) days prior to
the expiration of the Initial Term or any subsequent terms.
SECTION 4 OWNERSHIP OF THE POOLS AND POOL IMPROVEMENTS
The- District owns and holds title to the entire school sites upon which will
be constructed both Pools and all Pool Improvements. The District shall own and
hold title to the Pools and all Pool Improvements.
10
g: /j mf/2000agree/poo12(corrected)
SECTION 5 INDEMNIFICATION/INSURANCE
5.1 District's Obligation of Indemnification. Neither the City nor any
officer or employee of the City shall be responsible for any personal injury or
property -damage or liability. occurring by reason of any negligent act(s), negligent
omission(s) or intentiona.Fact(s) on the part of the District, its officers, employees
or agents in connection with this Agreement. Additionally, the District shall fully
indemnify, defend and hold the City harmless from and against any liability
imposed as a result of any negligent act(s), negligent omission(s) or intentional
act(s)-on the part of the District, its officers, employees or.agents in connection
with this Agreement.
5.2 City's Obligation of Indemnification. Neither the District nor any
officer or employee of the District shall be responsible for any personal injury or
property damage or liability occurring by reason of any negligent act(s), negligent
omission(s) or intentional act(s) on the part of the City, its officers, employees or
agents in connection with this Agreement. Additionally, the City shall fully
indemnify, defend and hold the District harmless from and against any liability
imposed as a result of any negligent act(s), negligent omission(s) or intentional
act(s) on the part of the City, its officers, employees or agents in connection with
this Agreement.
5.3 District's Insurance Obligations. The District shall maintain
general liability. insurance, with combined single limit of not less than one million
dollars ($1,000,000) per occurrence for the entire term of this Agreement and any
extensions thereof. Such insurance shall name the City, its officers, employees
and agents as additional insureds; shall be primary with respect to insurance or
11
g:/jmf/2000agree/poo12(corrected) .
self-insurance programs maintained by the City; and shall contain- standard
separation of insureds provisions.
The District shall furnish properly executed certificates of insurance to the
City within thirty (30) days of entering into*this Agreement, which certificates shall
clearly evidence all coverages required above and provide that such insurance
shall not be materially changed, terminated or allowed to expire except on thirty
(30) days prior written notice to the City.
5.4 City's Insurance Obligations. The City shall maintain general
liability insurance, which may be through a program of self-insurance, with a
combined single limit of not less than one million dollars ($1,000,000) per
occurrence for the entire term of this Agreement and any extensions thereof.
Such insurance shall name the District, its Governing Board, its officers,
employees and agents as additional insureds; shall be primary with respect to
insurance or self-insurance programs maintained by the District; and shall
contain standard separation of insured's provisions.
The City shall furnish properly executed certificates of insurance or self- :
insurance to the District within thirty (30) days of entering into this Agreement,
which certificates shall clearly evidence all coverages required above and
provide that such insurance shall not be materially changed, terminated or
allowed to expire except on thirty (30) days prior written notice to the District.
SECTION 6 GENERAL PROVISIONS
6.1 Notice. Every notice, demand, request, designation, consent,
approval or other document or instrument delivered pursuant to this Agreement
shall be in writing and shall be either personally delivered, sent by Federal
12
g:/j mf/2000agree/poo12(corrected)
• I •
Express or other reputable overnight courier, or. sent by certified United States
Mail (postage prepaid, return receipt requested), to the addresses set forth below
or to'such other addresses as the Parties may designate from time to time:
If to District: Huntington Beach Union High School District
10251 Yorktown Avenue
Huntington Beach, California 92646
Attention: Patricia Koch, Ph.D.
Assistant Superintendent
If to City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Ron Hagan
Director, Community Services
Written notice served. shall be effective upon receipt. Each Party may change its
address (and addressee) for notice purposes by notifying the other Party of this
change pursuant to the notice procedures set forth in this Subsection.
6.2 Covenants and Conditions. Each term and each provision of
this Agreement performable by either Party shall be deemed both a covenant
and a condition.
6.3 Partial Invalidity. If any term or provision of this Agreement or
any extension or application thereof to .a- hy.Party or circumstances shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement or any
extension shall be valid and enforced to :the fullest extent permitted by law.
6.4 Waiver. No delay or omission in the exercise of any right or
remedy of a nond6faulting Party on any default shall impair such right or remedy
or be construed as a waiver. The City's consent or approval of any action by the
District requiring the City's consentor approval shall not be deemed to waive or
13
g: /j mf/2000agree/pool2 (corrected)
•
render unnecessary the City's consent to or approval of any subsequent act of
the District. The District's consent or: approval of any action by the City requiring
the District's consent or approval shall not be deemed to waive or render
unnecessary the District's consent to or approval of any subsequent act of the
City. Any waiver by either Party of .any default must be in writing and shall not be
a waiver of any other default concerning the same or any other provision of this
Agreement.
6.5 Entire Agreement. This Agreement represents the entire
understanding of the Parties as to those matters contained herein. No prior oral
or written understanding shall be of any force or effect with respect to those
matters covered by this Agreement. This Agreement may not be modified,
altered or amended, except in a writing executed by the Parties..
6.6 Successors and Assigns. The terms and conditions of this
Agreement shall be binding on the successors and assigns of the Parties to this
Agreement.
6.7
Headings. Headings
of this Agreement are solely for
the
convenience
of the Parties and are
not part of this Agreement. They
are
intended for reference only, and no legal significance of any kind shall be
attached to such headings.
6.8 Governing Law. This Agreement shall be governed by the.laws
of the State of California and shall be interpreted' as if prepared by both parties
hereto.
14
g:/j mf/2000agree/pooU (corrected)
6.9 No Obligation to Build. Nothing in this Agreement shall be
construed to obligate the District or the City to finance or construct the Pools and
the Pool Improvements.
6.10 Attorney's Fees. In the event suit is brought by either Party to
enforce the terms and provisions of this Agreement or to secure the performance
hereof, each Party shall bear its own attorney's fees.
6.11 Resolution of Disputes. Any disputes between the Parties under
this Agreement shall be informally resolvedby. the following parties and. in the
following order: (1) the District's Assistant Superintendent, Business Services
and the City's Director of Community services; (2) the District Superintendent
and the City Administrator; (3) a committee of both the District's Board of
Trustees and the City Council; (4) the District's Board of Trustees and the City
Council. Finally, if the parties have exhausted their attempts at informal
resolution pursuant to the above four -step process, then the Parties agree,to
submit the dispute to binding arbitration before a mutually selected third -party
arbitrator. Each Party will share equally in the cost of any such Arbitrator.
[SIGNATURES ON NEXT PAGE]
15
g: /j mf/2000agree/poo12 (corrected)
•
IN WITNESS WHEREOF, the City and. the District have executed this
Agreement in one or more counterparts which, taken together, shall constitute
one Agreement as of the date indicated above.
HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT
ff/ pro A
eri4M—dent
ATTEST:
Clerk, Board of Trustees
• • -
ervices
CITY. OF HUNTINGTON BEACH,
a municipal corporation of
the State of California
' OW �S N
ATTEST:
City Clerk �--5--�-
APPROVED AS TO FORM:
/000 19l
Al�
��� oo . City Attorney 3/'/C0
D
INITIATED D APPROVED:Z 01/gi
Director of munity Services
REVIEWED AND APPROVED:
��= s��
Oft'y Administrator
g: /j mf/2000agree/poo12 (corrected)
IL:
APR-18-00 02'_55 PM INS.�WORK COMP -.-
714 9645903 P-02
I
Huntington Beach Union High School District
,....:.. ... ... ,..... ,, , � 'y Its •y, I,'' -
:. .:.-r.... .. .. I
ThiA Evideticc of Coverage is used as a marten of Inronnwion only and confers nu rights upon the Certificate Holder. This Evidence of Coverage
does not amend, cmand, or allot the eoveragc afforded by the memoranda listed below.
Cdi'vlxge P+dtfelctlYe: 4.1w00
This is to certify that the Alliance of Schools for Cooperative lrtsurvve Programs (ASC1P) Memorandum of Coverages on insurance listed helow
have been issued to the Covered Party nanu,C above for the period indicated. Notwithstanding any requirement, term, or vondition of any contract
or other document with respect to Much this Evidence of Coverage may be used or may pertain, the coverages afforded by the hlenusrandum or
Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages.
...,.
�.-:...:._. �.. 1_fr�L =/�!,�I,��j�yY}� `��/�F
:..dr� .. Vlir �I-^ 7
General Liability
S 1,000,000 Combined Single Limit Per Occurrence
Should my or the ahvvv vuvsrt►gea fur the Cuvcrod Party be changed or withdrawn prior to the explrauon date issued above, ASC1P will mail 30 days
written notice to the Certiticale Holder, but failure to mail such notice shall intpuse nu ubligatiun or liability of any kind upon ASC1P, its agents, or
rel+relenUtives. 1f you huvc any questions, contact:
Ms. Paula Chu Tangua) , Chief Adminizxtrativc Officer
ASC1P " 127.50 Center Cuun Drive • Suite 220 - Cerritos. CA W703 - (%2) 403-4640
APF"I £3100 Ito" [)i F
Authorized Representative:
Date Issued: 4-17-09 ReyWed 4-18-00
ASC1P is a Joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter S or ni w siun 7 of Title i of the Oovenunent
Code and Sectium 39603 and 61603 of the Education Code.
Rev 5.97
7e-99/W` t 6C
APPROVED AS TO FORE$ al
GAIL HUTTON, City Attorney
By-, Deputy Cit Attor Ay
Iliance of Schools -for Cooperative Insurance Programs O '
12750 t.'ncte+ C:,w.t nriw, Swru 220, C ,r+itw, CA 9(tiO3 (5Q) 407.4W %/l y�
APR-18-2000 15:42 714 9645903 95% P.02
APR-18-00 02:56 PM INS./WORK COMP -
Sent By: ASCIP Joint Powers Auity, 562 403 4844;
714 9645903 P.Oo
Apr-0 3:38PM; Page 3/3
1UTj vekN�
F)-,X Wc_ "+b-0o• 1'D
The coverage provided to the Covered Party is hereby extended by this endomcment to the Additional Covered Parry named above in
accordance with the provisions contained In the Memorandum ul' Coverage (MOC). The coverage extended hereby applies only with
respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCIP in issuing this endorsement to defend and/or indemnify the. Additional Covered Patty in respects to the activity cited above.
In issuing this endursement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MUC to the
Additional Covered Party named above only to the extent that the Additional Cuvered Parry facei liability arising out of claims,
demands, or lawauits claiming money damages on account of bodily injury or property damage as dcrined and limited in the ASCIP
MOC. The limits of liability extended to the Additional Covered Party llsted above is S 1,000,000 per occurrence for liability.
Authorized Reprrsejttative:
Date Issued: 4-17-00 Reviled 4 -00
ASCIP is ajoint powers authority pursuant to Article t (comin=cing with Secrinn 6500) of Chapter S or Division 7 of nilc I of the Gnvernment
Code and SecUwm 106M and 81603 of the Education CWc.
Rev 1i97
�\ Illance of Schools for Cooperative Insurance Programs
11750 Center Cron Drive, Sate 120, Cernku, CA W70.1 (5#52) 403.4640
APR-19-2000 15:42 714.9645903 P.03
ATTACHMENT #2
STAFF REPORT AND
RECOMMENDATIONS FOR JOINT USE
AND FUNDING CONCEPTS FOR HBHS •
POOL & OVHS POOL PROJECTS
Huntington Beach Union High School District
City of Huntington Beach
3/24/00
1
•
...-Statement of I
Giv:$:.J:i;'v '�
. .......
��{�:�hi.;vV
d. ......
YRGPAGYlAt0G9l[OTQ...K.`22JJ]NSk6C<dtt-}i%................ .......................... ....... .
. There is a need to provide additional �
aquatic facilities for both High School
District Programs and City Community
Swim Lessons and Recreational Swim
because current facilities cannot meet
the demand for such programs. 0
3/24/00 2
N.r oaN� and
:
.....
. To design and develop adequate pool
facilities for City and District programs
. To develop agreements for joint use
and joint funding of pool facilities
0
. To work with support groups for private �
donations to complete the projects
3/24/00 3
Effort Date
. . . .. ..... : :r: r :
.............
...:.::::.::.....
...........................................
........
0 1997 — City & District established search committee for best site
for pool facilities
1997 — Take the Plunge begins funding effort
1998 — City & District funded study of HBHS & OVHS concept
plans as recommended by search committee
1999 — City & District approved concept plans and established
committee to develop joint use and joint funding agreement in
coordination with Take the Plunge
1999 — Funds secured through City Sports Grants, Assemblymen
Scott Baugh and private fund raising for HBHS project
Winter 2000 — Prop 12 passed March 7th and HBUHSD Board of
Trustees set aside recovered bankruptcy funds for HBHS pool
project
Spring 2000 - Staff prepared joint use and joint funding concept
recommendations
3/24/00 4
JOINT USE AGREEMENT
.. ........
... ........ .......
... .... ....
------- -- - - ---------- ........... ... .......... .... .............
• 25 YEARS
•
•
•
• HOLD HARMLESS FOR EACH AGENCY
• MAINTENANCE COSTS DIVIDED BY PERCENTAGE OF USE
• TAKES EFFECT WHEN & IF POOLS ARE COMPLETED
• THERE WILL BE SEPARATE FUNDING AGREEMENTS FOR EACH
POOL
3/24/00 5
PROPOSED ,FUNDING CONCEPT FOR HBHS POOL PROJECT
PROJECTED COST (June 2000)
\v v
DISTRICT SHARE (53%)
$821 500
............. ... CITY SHARE (47%)
$728,500
«' CONTRIBUTION DETAILS
DISTRICT
"TAKE THE PLUNGE"
STATE GRANTS (Scott Baugh)
$100,000
YOUTH SPORTS GRANTS(Community Services Commission)
PRIVATE FUNDRAISING
$300,000
DISTRICT
SET -ASIDE BANKRUPTCY FUNDS
$269,000
(ASBESTOS)
30,000
TOTAL CONTRIBUTIONS TO DATE $699,000
BALANCE TO RAISE $122,500
Financing Proposal:
City uses Prop 12 bond funding for loan to District & City remaining
share to finance construction (City share based on % of use)
District repays city for its share
($17,000 yr. RDA & $33,000 waiver of city maintenance obligation
$122,500 @ 6 % (or current COP rate)@ $48,000 yr. = 3-4 yr. payback)
City contributes Prop 12 funds of
3/24/00
1 550 000
CITY
$100,000
$150,000
$250,000
$478,500
601 000
$122,500
$478,500
R
•
a
PROPOSED FUNDING CONCEPT FOR OVHS POOL PROJECT
PROJECTED COST (YEAR 2001 DOLLARS) $4,097,300
DISTRICT SHARE (51%) $2,089,623
Financing concept: CITY SHARE (49%) $2,007,677
1. City applies for competitive grant from Prop 12 funds (if approved by City Council) for $4,097,300. Project is in a
CDBG area it is a joint project between two agencies, it serves an under served population and it has been adopted as an
;.:.;..... >..: . j P j g P P P
i:F unmet need in the Community Sport Facilities Inventory and Needs Assessment adopted by both the District and the
......::..
City. This project should receive high marks in a competitive grant program, although realistically the City may only
� fi M aln"2Si' id cif 1 'e trit Y ren sect .................
2. If total amount is not granted from Prop 12, City could match Prop 12 funds with ADA Accessibility Grants, CDBG
Funds, and Sports Grants. District could also develop revenue stream from a Corporate Partnership Naming Rights
Agreement. A possible financing scenario could be as follows:
3. Projected cost $4,097,300
Prop 12 competitive grant funding (25% of request) $1,000,000
ADA Grant 100,000
Sports Grants 100,000
Sub Total City Contribution $1,200,000
Remaining balance to fund $2,897,300
Remaining City share = $807,677
District share = $2,089,623
District issues COP's for $2,897,300 (Pius issuance cost). Total Debt Service = $300,000 yr.
(District = $220,000 yr. / City = $80,000 yr.)
Revenue stream for annual debt service: District City
RDA $66,000 User fees $80,000
City Maint. Share $68,600
Naming rights $85,400
3/24/00 Total annual revenue to apply to debt service $220,000 $8*00
SUMMARY OF FUNDING CONCEPTS
FOR HIGH SCHOOL POOL PROJECTS
1. HBHS pool can be completed by 2002, if Prop 12 funds are released by summer 2001 is
2. OVHS pool can be built in future years if the competitive grant and naming rights program are
successful
3. Naming Rights Corporate Partnership Agreement could include the following:
A. 20 year agreement @ $100,000 yr.
B. Corporate benefits could include:
Monument signage on the corner of Gothard & Warner
Painting the bottom of the pool with corporate logo
Corporate signage around pool area
Corporate display area included in pool facility design
Corporate right to use pool facility for corporate outing twice per year
Ability to do promotional events at pool functions
4. A professional marketing firm (Agent) should be hired to secure the appropriate corporate
partner. It will take at least two years to develop a corporate partnership agreement, so the District &
City should proceed as soon as possible after conceptual approval of this option by the Board of
Trustees and City Council.
3/24/00 8
Where do we go from here?....... .. ........ .....
. .............. ...... .
.... . .......
. . .. ......... ......
....... . .... ... ......... ........
• April 7, 2000 — Aquatic subcommittee reviews and recommends approval/denial of joint
use agreement and funding concepts
• April 11, 2000 — HBUHSD Board of Trustees reviews and approves/denies joint use
agreement and funding concepts
• April 17, 2000 — City Council reviews and approves/denies joint use agreement and
funding concepts
Ifagreement & proposed funding concepts are approved:
• Late Spring 2000 — Final construction documents for bidding HBHS pool completed. City
and District begin work on competitive grant and corporate partner agreement for OVHS
• Winter 2001— City applies for Prop 12 funds for both HBHS & OVHS pools
• Summer 2001— City receives Prop 12 funds for HBHS pool and either approval or denial of
Prop 12 competitive grant for OVHS pool
• Summer 2001 - District prepares OVHS Pool corporate partnership agreement for District &
City to approve if Prop 12 grant is approved
• Fall 2001— District awards bid for HBHS pool and completes final plans for OVHS pool
• Winter 2001— Construction begins on HBHS pool
• Summer 2002 — HBHS pool complete (Depending on weather)
• Summer 2002 — OVHS pool begins construction, if grant & corporate partnership is
successful
Spring 2003 — OVHS pool complete (Depending on weather)
3/24/00 9
�.:; Recommendation
..... . ........... .....
. .. ... ..... ..... .......
... ..... ......... ..... .
... .......... ..... ..
......... .... .
................ ..
• That the Joint Committee —Aquatics 0
Facilities recommend to the Board of
Trustees and the City Council the
approval of the Joint Use Agreement
and the Funding Concepts as
presented.
3/24/00
10
•
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Cbrnmun4-:Services,De 'artment
SUBJECT:
A.;JOINTU$E AGREEMENT BETWEEN-THE,-7
CITY AND THE HBUHSD-SPECiFICAL-LY FORJFUTUREJ
i�7APPROVE
` AQUA'TICS$VACILITIM T HBNS*AND'0CEANX16V
HIGH-SCHOOL~�=- %
COUNCIL MEETING DATE:
May 1, 2000
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
A roved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attome)
Attached
Financial Impact Statement Unbud et, over $5,000
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
e ki I ffel-