HomeMy WebLinkAboutAGENDA REPORT 2001 0502 CC REG ITEM 11LCITY OF MOORPARK
AGENDA REPORT
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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
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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
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L CENSEE
President—, Moorpark
Unified School District
Attest:
-- Secretary
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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/
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.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.
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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
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�B Storm Drain Inlet
OUnpaved Swale
(to be paved in the future
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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 ()
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