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HomeMy WebLinkAboutAGENDA REPORT 2001 0502 CC REG ITEM 11LCITY OF MOORPARK AGENDA REPORT g , 3 t I OWE-) CITY OF Y100Rr,�kR-,,, CALTFORINU of ACTION- ippkw�� STA'FZ:P pae,0Mmm0L)1MC✓1 wM4 ft.& L N&aAd -nJr-- TD BF- AMGD. BY: ° TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: April 20, 2001 (Council Meeting 5 -2 -01) SUBJECT: Amendment to License Agreement Between the City and the Moorpark Unified School District Pertaining to the Use of the Arroyo Vista Community Park Access Road OVERVIEW This presents for consideration, an Amendment to the subject License Agreement which would increase the number of driveways allowed to be constructed on the north side of the Arroyo Vista Community Park Access Road ( "Access Road ") from two (2) to three (3). The Amendment also provides for the future construction of underground electrical utilities to cross (underground boring) the Access Road. DISCUSSION A. Background On March 21, 1997, the City and the Moorpark Unified School District ( "District ") executed the subject License Agreement ( "Agreement ") [attached as Exhibit 11 documenting City approval of the District's use of the Access Road. Said Agreement made provisions for District payment of a portion of City costs for the on -going maintenance of the Access Road. B. Amendment The District wishes to proceed with the improvements which require the approval Agreement. A draft Amendment to Agreement prepared and is attached as Exhibit 2. construction of certain of an Amendment to the ( "Amendment ") has been Avp rd agree amendl, Arroyo Vista Community Park Access Road License Agreement: Amendment April 20, 2001 Page 2 In addition to added language related to the District's near - term and future projects, the recommended language changes in the attached Amendment includes certain changes to Section 3 pertaining to indemnification. The recommended changes are set forth in Exhibit 3. C. Parking Lot Improvement Project It is the wish of the District to proceed with the construction of two parking lots on District property located north of the Access Road, as generally shown on Exhibit 4. It is the goal of the District to have these parking facilities available for use by August of this year. D. East Parking Lot Drainage 1. Storm Drain: Consistent with the provisions of the Agreement, the District's plans call for the construction of a storm drain lateral between the east end of the east parking lot and the City's storm drain which is located approximately one hundred feet (1001) east of the parking lot on park property (see Exhibit 3). 2. Plan Checking and Inspection Costs: Consistent with Section 5 of the Agreement, the District must pay the City for City costs for the plan checking and inspection of the proposed storm drain lateral. 3. Easement: The District's engineer is in the process of preparing a legal description and deed for an easement for the construction and maintenance of the storm drain lateral. The above mentioned plan checking fees will also fund City costs for the review of that legal description. 4. NPDES Compliance: The project plans also call for the construction of certain facilities upstream of the storm drain inlet at the east end of the parking lot, designed to reduce the amount of pollutants entering the storm drain inlet. 5. Approval of Easement: It is requested herein that, when the Storm Drain Easement is in order, that the City Manager be authorized to execute that document and that the City Clerk provide for its recordation. E. Sidewalk The proposed plans show the addition of a sidewalk along the north side of the Access Road. In that the north property line for the City's Access Road is located approximately one foot (11) north of the north curb, the majority of this proposed new sidewalk will be located on District property. Avp rd agree amendl 18 7 �'' Arroyo Vista Community Park Access Road License Agreement: Amendment April 20, 2001 Page 3 F. Chain Link Fenci The project plans call for the construction of a chain link security fence along the east, north and west sides of the parking lots. G. West Parking Lot Design The proposed plans show a twenty feet (201) wide drive extending westerly from the main parking area for the West Parking Lot (see Exhibit 3). The purposes and reasons for adding this element to the project design are summarized as follows: • Makes use of District property not large enough to develop into a "typical" parking lot; • Provides a bus staging area [ "last in - last out "] to be used during extracurricular events (i.e. Visiting Team Bus Parking [Note: At present buses for extracurricular events have been parking in the Bike Lane on the Access Road]; and • Provides an additional area for parallel parking along this parking lot drive. The plan also calls for a driveway apron onto the Access Road, at the west end of this parking lot drive. H. Driveway Aprons The Agreement authorizes construction of only two driveway aprons - one for each of the two parking lots. The Amendment (Exhibit 2) authorizes construction of the additional driveway apron at the west end of the above mentioned parking lot drive. I. Utility Easements The District has also requested authorization to construct, at some future date, underground electrical conduits under the Access Road at two locations (see Exhibit 3) . The District believes that these conduits are needed to provide electrical power to certain future planned facilities. Construction of the electrical conduits under the Access Road would be accomplished by boring. No open trench excavation in the Access Road is proposed or recommended. The District's engineer is also in the process of preparing legal descriptions and deeds for utility easements for these electrical conduits. At the appropriate time, the City would grant these easements to the District or the electrical utility. The Amendment includes language approving these future easements and authorizing the City Manager to execute and cause the recordation of same. Avp rd agree JOISS Arroyo Vista Community Park Access Road License Agreement: Amendment April 20, 2001 Page 4 STAFF RECOMMENDATIONS 1. Approve the preparation and recordation of the storm drain easement described in this report, subject to District payment of all necessary plan checking, easement legal description review and inspection fees. 2. Authorize the City Manager to execute the Storm Drain Easement and cause its recordation. 3. Approve the Amendment to Agreement (Exhibit 2), subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute said document. Attachments: Exhibit 1: License Agreement Exhibit 2: Amendment to License Agreement Exhibit 3: Changes to Section 3 of Agreement Exhibit 4: Parking Lot Plan °P 9 4. 'DOF189 A rd agree amendl 9i-((0 LICENSE AGREEMENT t %y `V) t7 This Agreement is made this 21st day of March, 1997, by and between the City of Moorpark, a municipal corporation, as Licensor ( "City ") and the Moorpark Unified School District, as Licensee ( "MUSD"). WHEREAS, City is the owner of certain real property commonly known as the Arroyo Vista Community Park Access Road, including curbs, gutters, sidewalk and overhead lighting, which extends from approximately 325 feet from Tierra Rejada Road to Arroyo Vista Community Park in the--City of Moorpark, County of Ventura, more particularly described in the Grant Deed recorded as Document 92- 160359 in the office of the Recorder of Ventura County ( "Access Road "); and WHEREAS, MUSD desires to obtain permission to perform certain acts upon the Access Road, NOW, THEREFORE, it is agreed as follows: 1. City hereby grants to MUSD a license to use the Access Road for ingress to, and egress from, the Moorpark High School stadium south of the Access Road ( "Stadium ") and any parking lots north of the Access Road ( "Parking Lots ") . Not more than a total of two parking lot driveways shall be permitted regardless of the total number of Parking Lots; the location of the driveways shall be mutually agreed upon by the parties. This license is limited to the days and operating hours that Arroyo Vista Community Park (Park) is open to the public, except as otherwise provided herein. City shall allow MUSD to place a lock on any City maintained gate (Gate) on Access Road that if locked would preclude MUSD access to Stadium or any parking lots north of the Access Road. MUSD lock shall be placed on Gate in such a manner to allow City lock and MUSD lock to be used exclusive of each other. MUSD shall provide City with a duplicate key for any MUSD lock placed on said Gate. MUSD shall inform City in writing of any days that it requires the Gate to be open after operating hours of Park or on days Park is not open to the public. On said days, MUSD shall be responsible to lock the Gate (and open Gate if Park is not open to the public). MUSD shall provide City a 24 hour emergency phone number and pager number of MUSD personnel reisponsible for MUSD implementation of this license. 2. All repairs to, and maintenance of, the Access Road shall be done at City's sole discretion and shall be performed by City force account or by City's authorized contractor. Repairs and maintenance shall include, but not be limited to, concrete repair, asphalt patching and crack sealing, slurry sealing, asphalt concrete overlay, energy for the overhead lighting, bulb replacement, and replacement of damaged light standards. MUSD shall reimburse City for one -third (1/3) of the costs of said repairs and maintenance. Repair and maintenance costs are the direct costs for plans and specifications, labor and materials and the actual fees for plan checks, permits, and inspections plus administrative overhead in an amount not to exceed twenty percent (20 %) of the total amount of said costs and fees. No more frequently than once every twelve (12) months, City shall deliver to MUSD an itemized statement of the total repair and maintenance costs incurred subsequent to the last statement. MUSD shall make payment in full to City of its share of said repair and maintenance costs within the thirty (30) days after delivery of the itemized statement. 3. City shall hold harmless, indemnify and defend MUSD and its officers, employees, servants and agents from any claim, demand, action, liability, loss, cost or expense for and damage whatsoever, including but not limited to death or injury to any person and injury to any property, arising from the use of the Access Road, except damage for which MUSD is obligated to hold harmless, indemnify and defend City and its officers, employees, servants and agents pursuant to the next succeeding paragraph. MUSD shall hold harmless, indemnify and defend City and its officers, employees, servants and agents from any claim, demand, action, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, arising in whole or in part from (i) the use of the Access Road by any person whomsoever in connection with any event held at the Stadium, except an event that is sponsored by City or in connection with the use of any of the Parking Lots, except when the Parking Lots are being used in conjunction with a City sponsored event at the Stadium, (ii) the use of the Access Road by any person whomsoever in connection with any event held in the Arroyo Vista Community Park under the sponsorship of MUSD, or (iii) the design, construction, repair or maintenance of the swale described in Section 5 below. 4. Concurrently with the execution of this Agreement, MUSD shall deliver to City an Easement Deed, in the form attached hereto as Exhibit "1", fully executed by MUSD. 5. Prior to August 31, 1997, District shall, at its sole cost', construct certain drainage improvements to remedy certain drainage problems on the Access Road. Those drainage improvements shall include: a) storm drain lateral extending from an existing City storm drain located near the northwest corner of Arroyo Vista Community Park westerly approximately eighty feet (801) to the District's property; b) a storm drain inlet structure to be located at the westerly end of said storm drain lateral, on District property; and, c) an unpaved surface swale extending from said inlet southerly to the Access Road. The locations of these proposed storm drain improvements are generally described on the diagram attached as Exhibit "211. Said -2- improvements shall be constructed in accordance with plans and specifications prepared by the District and approved by the City. The engineering costs to be borne by the District shall include design, City costs for plan checking and construction inspection and preparation of a legal description for a storm drain easement, to be granted to the City, for that portion of the storm drain lateral and inlet located upon District property. When constructed and accepted by the City, City shall permanently maintain said storm drain and inlet structure, and District shall permanently maintain the unpaved swale. At District's sole cost including City's costs for plan checking and construction inspection (and if necessary, preparation of a legal description), District shall construct a paved swale to replace the unpaved Swale, or as mutually agreed upon, an alternative to the paved swale when District constructs paved Parking Lots or other improvements north of the Access Road. The District shall permanently maintain the paved swale or if mutually agreed upon as provided for above, an alternative to the paved Swale. 6. Either party may give notice to the other party of any default under this Agreement. In the event that the party in default fails to cure the default within ten (10) days after delivery of the notice, this Agreement shall terminate at the option of the non - defaulting party. 7. The license granted herein is personal to MUSD and shall not be assigned. Any attempt to assign the license or allow use of the Access Road for other than ingress to, and egress from, the Stadium and Parking Lots shall automatically terminate the license. No legal title or leasehold interest in the Access Road is created or vested in MUSD by the grant of the license. 8. This Agreement shall be in effect for twenty (20) years beginning on September 1, 1996 and ending on August 31, 2016, unless sooner terminated. MUSD shall not terminate this Agreement except as provided in paragraph 6. 9. Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to theaparty for whom intended as follows: TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager -3- 3 0.92, TO: Moorpark Unified School District 30 Flory Avenue Moorpark, CA 93021 Attn: District Superintendent Either party may, from time to time, by written Ilut-L e- to the other, designate a different address which shall be substituted for the one above specified. Notices and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. 10. This Agreement constitutes the entire agreement of the parties concerning the subject'matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. 11. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 12. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 13. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. -4- 030153 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. LICEN Mayor, Cit of Moorpark +Attest: City Clerk c: \wpwin \citymgr \mdbd c -5- L CENSEE President—, Moorpark Unified School District Attest: -- Secretary C ",) V STATE OF CALIFORNIA) COUNTY OF VENTURA ) ss. On this 23rd day of April in the year 1997, before me Lillian E. Hare, City Clerk of the City of Moorpark, personally appeared Patrick Hunter, personally known to me to be the person who executed this instrument as the Mayor of the City of Moorpark and acknowledged to me that the City executed it. c PATRICK HUNTER Mayor -;i l l i an E. Hare City Clerk i BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIA Mayor Pro Tern Councilmember Councilmember Councilmember RECORDING REQUESTED BY EXHIBIT 1 AND WHEN RECORDED MAIL TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MOORPARK UNIFIED SCHOOL DISTRICT hereby GRANTS to CITY OF MOORPARK an easement and right -of -way for construction, operation and maintenance of, and access to, utilities above, over, under and through the real property in the City of Moorpark, County of Ventura, State of California described on EXHIBIT "A" Utility Easement to Community Park Access Road attached hereto and incorporated herein by this reverence. MOORPARK UNIFIED SCF'�OL DISTRICT Pre si den t;--Yiooroark Unified School District Attest: e retar/ �, , f .M � LEGAL DESCRIPTION UTILITY EASEMENT TO COMMUNITY PARK ACCESS ROAD THAT PORTION OF PARCEL 1 IN THE CITY OF MOQRPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS DESCRIBED IN THE DEED TO UWC- WORPARK INVESTORS, LTD., RECORDED SEPTEMBER 15, 1977, AS DOCUMENT NO. 109263, IN BOOK 4945, PAGE 333 OF THE OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE, WHICH IS DESCRIBED IN THE 13TH COURSE BEARING NORTH 740 19' 11" EAST, DISTANT 1403.09 FEET OF GRANT DEED TO THE MOORPARK UNIFIED SCHOOL DISTRICT ON JULY 26, 1986, DOCUMENT NO. 86- 097776 AND THE EASTERLY RIGHT OF WAY LINE, OF TIERRA REJADA ROAD (94 FEET WIDE); THENCE, NORTHERLY ALONG SAID RIGHT OF WAY LINE, THROUGH CENTRAL ANGLE OF 30 21'36" AND ARC DISTANCE OF 91.07 FEET, NORTH 810 10' 38" EAST TO A POINT ON A LINE NONTANGENT TO SAID CURVE, A RADIAL THROUGH SAID POINT BEARS NORTH 840 42'48" EAST; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, 1ST NORTH 58040'16' EAST, 25.12 FEET MORE OR LESS TO A POINT ON THE PROPOSED WESTERLY RIGHT OF WAY LINE OF THE COMMUNITY PARK ACCESS ROAD (49 FEET WIDE), SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 121 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 840 42'48" EAST; THENCE, 2ND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 530 29,04" AN ARC DISTANCE OF 112.95 FEET; THENCE, 3RD TANGENT TO SAID CURVE, SOUTH 580 46'16" WEST 101.17 FEET, MORE OR LESS, TO POINT ON THE EASTERLY RIGHT OF WAY LINE OF TIERRA REJADA ROAD (94 FEET WIDE), SAID POINT BEING A POINT ON A NONTANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1553 FEET, A RADIAL THROUGH SAID POINT BEARS NORTH 830 08'49" EAST; THENCE, 4TH ` SOUTHERLY ALONG SAID CURVE AND RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 10 58'11", AN ARC DISTANCE OF 53.39 FEET TO THE POINT OF BEGINNING. .-r, x'%G f MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 NOTICE IS HEREBY given by the City of Moorpark in the County of Ventura, State of California, as follows: 1. That on the 20th day of November 1996, the EASEMENT DEED from Moorpark Unified School District, was accepted by the City Council of the City of Moorpark. 2. That the name of the political subdivision accepting said EASEMENT DEED is the CITY OF THE CITY OF MOORPARK, in the County of Ventura, State of California, whose address is 799 Moorpark Avenue, Moorpark, California 93021. 3. That the City Clerk of the City of Moorpark is authorized to accept and consent to the recordation of any deed or grant conveying any interest in or easement upon real property to said City which the City Council has approved pursuant to Resolution No. 85 -163 which was duly recorded with the County Recorder of Ventura County. City of Moorpark Lillian E. Hare, City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZN!, Mayor Mayor Pro Tem Councilmember Councilmember Counciimember S� A RCP OV�LET. _ 0 42„ SAP gyp+ 1>0 A . A � XM I'S 1T "D " Legend OA Storm Drain Lateral �B Storm Drain Inlet OUnpaved Swale (to be paved in the future • 1� a•. 8" s S �� L oG2Q Q �2" RC P L = 78'47'51" R = 15.00' L = 20.63' L = 79'39'431 R = 60.00' L = 83.42' LINE/ " K'/ Exhibit 2 AMENDMENT TO LICENSE AGREEMENT Agreement No.: Amendment No. Organization / Firm: Date of Original Agreement: Effective Date of This Amendment: Subject of Amendment: 1. Purpose of Amendment 1997 -16 Moorpark Unified School District January 15, 2001 Use of Arroyo Vista Community Park Access Road. The purpose of this amendment is to revise certain language pertaining the construction of driveway aprons serving the parking lots to be constructed north of the Arroyo Vista Community Park Access Road (hereinafter "Access Road "). This Amendment also approves and authorizes the future construction of certain electrical utility conduits to cross under the Access Road. I1. Amendments A. Revised Language: The License Agreement is hereby amended by revising Section 3 to read as follows: "3. City shall hold harmless, indemnify and defend MUSD and its officers, employees, servants and agents from any claim, demand action, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, arising from the use of the Access Road, except damage for which MUSD is obligated to hold harmless, indemnify and defend City and its officers, employees, servants and agents pursuant to the next succeeding paragraph. MUSD shall hold harmless, indemnify and defend City and its officers, employees, servants and agents from any claim, demand, action, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, arising in whole or in part from (i) the use of the Access Road by any person whomsoever in connection with any MUSD related or sponsored activity, including any event held at the Stadium, Amendment No. 1 to License Agreement [Agreement No 97 -16] Page 2 except an event that is sponsored by City and when the Parking Lots are being used in conjunction with a City sponsored event at the Stadium, (ii) the use of the Access Road by any person whomsoever in connection with any event held in the Arroyo Vista Community Park under the sponsorship of MUSD, or (iii) the design, construction, repair or maintenance of the swale described in Section 5 below." B. Added Language: The License Agreement is hereby amended by adding the following language: "1A. No more than three (3) driveways shall be permitted to be constructed to serve the parking lots north of the Access Road. 5A. In addition, District is authorized to cause certain electrical utility conduits and wiring to cross under the Access Road, provided said construction does not include any open trench cutting of the Access Road. The location of the utility crossings and the approval and recordation of any utility easements is subject to approval by the City Manager." III. Remaining Provisions All other provisions of the aforesaid Agreement shall remain in full force and effect. LICENSOR By Mayor, City of Moorpark Date Attest: City Clerk Date LICENSEE By President, Moorpark Unified School District Date Attest: Secretary Date Exhibit 3 Amended Language Related to Indemnification "I City shall hold harmless, indemnify and defend MUSD and its officers, employees, servants and agents from any claim, demand action, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, arising from the use of the Access Road, except damage for which MUSD is obligated to hold harmless, indemnify and defend City and its officers, employees, servants and agents pursuant to the next succeeding paragraph. MUSD shall hold harmless, indemnify and defend City and its officers, employees, servants and agents from any claim, demand, action, liability, loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, arising in whole or in part from (i) the use of the Access Road by any person whomsoever in connection with any MUSD relatedor sponsored activity; .,iicludirig any event held at the Stadium, except an event that is sponsored by City and when the Parking Lots are being used in conjunction with a City sponsored event at the Stadium, (ii) the use of the Access Road by any person whomsoever in connection with any event held in the Arroyo Vista Community Park under the sponsorship of MUSD, or (iii) the design, construction, repair or maintenance of the swale described in Section 5 below." C 13 () Exhibit A (Page Parking Lot Lay-out SW20 IF S3,'GN1 x i 04 II Ijl ii;ll I' fiij ti � I'il, %;!i; (/, I �� `' a, � � '1, , /i 'i1' /�fff 'Y { 0) A if -Z OUT'4� Al Chain Link Y Security Fencing fill _j 1A ,I� �,)it -II ( I , IIIIrI(fll!)Ir ( .. �`"� - mot' \ � �1 I I(i((( l! .� I i i '� 'I�: '' /• ............... > I 11 $4 :!J V n �' nul % I fill Z ('\� II ��. `\ �� `- � °- ,117 iiy i {ly�.v �I '� '• ( ^ 1 ftAzz�_ ;Jill Y 'if 11 � R1 Y 30, Exhibit Ar (Page 2) dnow) s Parking Lot Lay-Out ITit if Tt If I IM gil If _