Loading...
HomeMy WebLinkAboutHUNTINGOTN BEACH UNION HIGH SCHOOL DISTRICT - 1996-03-18tl Council/Agency Meeting Held: Deferred/Continued to: roved ❑ Conditionally Approved ❑ Denied C�+ City Clerk's Sigr#ure Council Meeting Date: March 18, 1996 Department ID Number: CS 96-018 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION mac'.-rrn cim � U SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS rTi o SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorQV �. � T PREPARED BY: RAY SILVER, Assistant City Administrator RON HAGAN, Director, Community Service* ---- SUBJECT: AGREEMENT WITH HB UNION HIGH SCHOOL DISTRICT FOR LIGHTED ATHLETIC FIELDS Statement of Issue, funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the city enter into an agreement with the HB Union High School District that would provide for lighted athletic fields at district sites if funding becomes available through community user groups. Funding Source: Not applicable. Recommended Action: Approve, in concept, the attached draft agreement between the city and the HB Union High School District, and direct staff to finalize negotiations with the district and prepare a final agreement for Council approval. Alternative Action(s): Modify the terms and conditions of the draft agreement. Analysis: As part of recent negotiations regarding the use of HB Union High School District athletic fields, staff has prepared a draft agreement between the city and the district. If the agreement is finalized and approved by Council and the district Board of Trustees, it would provide for community youth sports groups to light athletic fields at designated district high school sites in exchange for the use of same. The agreement sets forth terms and conditions that would provide a vehicle for the city to facilitate access to high school football and soccer fields that have not been previously accessible for community use. The agreement commits no funding on the part of city or district, but rather both parties will work with youth groups to provide funds for such improvements. If funding becomes available and the improvements are made, the district would make the fields available to the youth 0 REQUEST FOR COUNCIL ACTIR MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: CS 96-018 groups. The district would maintain the fields, and any additional wear and tear caused by this change in use would be paid for by the user groups. The city has a critical shortage of athletic fields for youth sports and a financial inability to acquire property to build additional fields. By entering into an agreement with the district, the city can increase the time available and shared use for both district programs and community programs at substantial savings to all parties. Environmental Status; Attachment(s): 1 Draft Agreement 2 Letter to District Superintendent DocumenU -2- 03/08/96 3:51 PM 0 ROUGH DRAFT 9 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT FOR DEVELOPMENT OF IMPROVEMENTS UPON CERTAIN PORTIONS OF QISTRICT PROPERTY This License Agreement is made and entered into this day of , 1996, by and between, the CITY OF HUNT- INGTON BEACH, a California municipal corporation, (hereinafter re- ferred to as CITY), and the HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT, (hereinafter referred to as DISTRICT). WHEREAS, DISTRICT is a public school district operating high schools within the city at Edison High School, 21400 Magnolia, Marina High School, 15871 Springdale, Huntington Beach High School, 1905 Main Street, and Ocean View High School, 17071 Gothard, Huntington Beach, California, hereinafter referred to as "Schools"; and CITY and DISTRICT desire to enter into an Agreement for the use of DISTRICT ground and improvements for community recreational purposes, by way of installation of athletic field lighting and other im- provements at Schools which will not interfere with use of DISTRICT buildings and"facilities for public school purposes; and This Agreement is expressly authorized by Education Code Sec- tion 10900, et seq.; and On March 18, 1996, the City Council of CITY approved the con- cept of the proposed improvements at Schools to meet the growing 0017482.01 ROUGH DRAT 03/07/96 1:43 PM • ROUGH DRAFT 0 demand for youth and adult participation in the community, and authorized the Community Services Department of CITY to facilitate the installation of said improvements at Schools; and In exchange for public use of the athletic field areas, CITY de- sires to have youth sports groups plan, construct and maintain said improvements for the athletic fields at no cost to DISTRICT; NOW, THEREFORE, it is agreed by and between CITY and DIS- TRICT as follows: . IMPROVEMENTS DISTRICT hereby agrees to cooperate with youth sports groups in the construction and/or installation of im- ' provements upon the Schools' athletic areas as shown on Exhibit A to be attached hereto and made a part hereof by this reference. Said improvements shall include athletic field lighting for soccer and foot- 0 2. PUBLIC USE DISTRICT agrees to cooperate with youth sports groups in the construction and/or installation of all said im- provements at no cost to DISTRICT in exchange for public use of the" - areas as defined on Exhibit A. 3. MAINTENANCE DISTRICT agrees to provide the some level of maintenance necessary for the upkeep of the areas prior to the change in use at no cost to CITY. CITY or user group shall pay all 0017482.01 2 03/07/96 1:43 PM 0 ROUGH DRAFT 0 direct costs to DISTRICT associated with any additional maintenance caused by the additional use. CITY or user group shall be responsible for all utilities associated with the non -school use of athletic fields. 4. ATHLETIC FIELD USE DISTRICT agrees to allow youth sports groups to use at scheduled rates the lighted athletic fields eve- nings and weekends or as otherwise mutually agreed to, provided that such use is in accordance with established DISTRICT rules and regulations and that it shall be scheduled so as not to interfere with Schools' scheduled activities. Each year, CITY and DISTRICT shall es- tablish an annual schedule of use mutually agreed to. by May 15 of each year. Prior to the construction /installation of athletic field lights, both parties agree to establish a minimum use of each site by youth sports groups. DISTRICT has the right to insure that public use of the areas does not interfere with the use of the remaining portions of DISTRICT premises for school and re- lated purposes. 5. PLANS AND SPECIFICATIONS DISTRICT agrees to bere-_ sponsible for reviewing, approving, and obtaining State Office of Ar- chitecture approval of all plans, specifications, engineering drawings, cost estimates, bidding procedures, and contract administration as- sociated with said improvements. It is hereby understood that DIS- 0017482.01 3 03/07/96 1:43 PM 0 ROUGH DRAFT 0 TRICT reserves the right to review all plans and specifications for said improvements prior to construction and/or installation. DISTRICT and CITY shall appoint a representative to act as liaison to the other for completion of the improvements to the satisfaction of both parties. b. AGREEMENT CONSTRAINTS It is hereby understood by both parties that this Agreement and all terms and conditions con- tained herein are contingent upon the City Council and the Hunting- ton Beach Union High School Board of Trustees, respectively, securing necessary funds from youth sports groups for completion of this proj- ect. 7. TERM DISTRICT and CITY will allow use of the facilities, including the athletic areas, as set forth in the Agreement for a period of ten (10) years commencing at the date of notice of completion of improvements by the youth sports groups, and thereafter from year to year, unless either party gives the other party notice of intent to termi- note this Agreement. If at any time the parties mutually agree to terminate this Agreement or abandon use of the athletic field -areas'as such, or if this Agreement is otherwise terminated, CITY shall at its sole expense restore the athletic fields to their original condition, if re- quested by DISTRICT. 0017482.01 4 03/07/96 1:43 PM ROUGH DRAFT 8. HOLD HARMLESS For purposes of the athletic field ar- eas, CITY hereby agrees to protect, defend, indemnify and hold and save harmless DISTRICT, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, in- cluding those resulting from death or injury to CITY employees and damage to CITY property, or death or injury; to anyone using the ath- letic field areas, arising directly or indirectly out of the obligations or operations herein undertaken by CITY, including those arising from the passive concurrent negligence of DISTRICT, but save and except those which arise out of the active concurrent negligence, sole negli- Bence, or the sole willful misconduct of DISTRICT. CITY will conduct all defense at its sole cost and expense. DISTRICT shall be reimbursed by CITY for all costs or attorney fees incurred by DISTRICT in enforcing this obligation. 9. HOLD HARMLESS - ATHLETIC FIELDS For purposes of the athletic field improvements, DISTRICT hereby agrees to protect, de- fend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to DISTRICT's employees and damage to DISTRICT's property, arising directly or indirectly out of the obligations or operations herein 0017482.01 5 03/07/96 1:43 PM ROUGH DRAFT 0 undertaken by DISTRICT, including those arising from the passive con- current negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. DISTRICT will conduct all defense at its sole cost and expense. CITY shall be reimbursed by DISTRICT for all costs or attorney fees incurred by CITY in enforcing this obligation. 10. NOTICES All notices given hereunder shall be effective when personally delivered or if mailed, within forty-eight hours of the deposit of such notice in the US Mail, prepaid, and certified with return receipt requested and addressed to DISTRICT or to CITY at the respec- tive addresses shown below: TO CITY: Ron Hagan, Director Community Services City of Huntington Beach Huntington Beach CA 92648 TO DISTRICT: Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach CA 92646 IN WITNESS whereof, the parties hereto have executed this Agreement through their authorized officers on the day and year first above written. HUNTINGTON BEACH UNION CITY OF HUNTINGTON BEACH HIGH SCHOOL DISTRICT a municipal corporation President, Board of Trustees Mayor 0017482.01 6 03/07/96 1:43 PM ROUGH DRAFT 0 Superintendent APPROVED AS TO FORM: School Legal Counsel REVIEWED AND APPROVED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: City Administrator Director, Community Services 0017482.01 7 03/07/96 1:43 PM r f J� City of Huntington Beach 2000 MAIN STREET CALIFORNIA92648 f OFFICE OF THE CITY ADMINISTRATOR March 7, 1996 David Hagen, Ed.D. Superintendent, Huntington Beach Union High School District 10251 Yorktown Huntington Beach CA 92646 Dear Dr. Hagen: Re: Draft Agreement re Lighting Athletic Fields Enclosed for the school district's consideration is a draft of a facility use agreement between the- City of Huntington Beach and the Huntington Beach Union High School District that would provide for the lighting of athletic fields at specific high schools within the district. A final agreement is dontingent upon the city's ability to have the various user groups pay for the lighting improvements and additional maintenance caused by the change in use. This agreement will be presented to the City Council on March 18 for conceptual approval. We are hereby requesting that you present the draft agreement to your Board of Trustees for conceptual approval also. If both entities approve in con- cept, our staffs will work out with our respective legal counsel a final agreement to be presented to both the board and council. If you have any questions, please call me or Ron Hagan, Director, Community Services, at 536-5291. Sincerely, RAY SILVER Assistant City Administrator RS:RH:cr Attachment cc: Patricia Koch; Michael Uberuaga; Ron Hagan; Jim B. Engle , Document2 03/07/96 1 I:46 AM Telephone (7I4) 536-5202