Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AGENDA REPORT 1993 1117 CC REG ITEM 11I
MOORPARK COLLEGE OFFICE OF THE PRESIDENT MEMORANDUM TO: Chancellor Thomas Lakin FROM: Jim Walker SUBJECT: Proposed Field Hockey Agreement M //.1 - ' R °ARK. CAUP -0 — ,y Coun 'I Meetng of l �' ACTION: DATE: October 26, 1993 The Field Hockey Federation (FHF) is proposing to construct a one million dollar facility to be built, in four stages, on approximately 1 -1/2 acres of District land located at a corner of the campus where Campus Park Drive makes a ninety degree turn. (Attachment A) Upon completion, the college stands to gain from owning a U.S. Olympic Field Hockey training site. Additionally, hundreds of young people each week -end will have the opportunity to become acquainted with the Moorpark College campus. It has been my experience that when youngsters have positive experiences on a college campus they often return as students. At the Board meeting on October 5, 1993, a number of questions were raised about this agreement. The following are responses to them: • Who holds responsibility for maintenance of facility; how is this responsibility decided? The FHF has responsibility for general upkeep and maintaining the facility after use. This is addressed in Sections 5.5. 5.7. 5.9. 5.10 of the Agreement. • Who will be responsible for parking lot development and maintenance and how would it be financed? The area formerly occupied by EATM between the FHF field and the Football Stadium will be graded and used for parking. The FHF will pay for the grading. The college has long -range plans to put in improved parking (i.e., pavement and lighting) in this area. These plans would remain as part of the long -range facilities plan. Chancellor Thomas Lakin Proposed Field Hockey Agreement October 26, 1993 Page 2 • Who would have primary use of this facility; how wouid hoursidays ne assigned; what happens in the event a conflict in access occurs? Pursuant to Section 5.2 of the Agreement, the FHF has primary use of this facility during specified periods when limited college activities are taking place. The hours /days are specified in this Section. The Civic Center provision referred to in Section 3.2, item 20 under "General Rules" states: The Administrator in charge of scheduling facilities, or his designated representative, is authorized to issue all permits for the use and occupancy of school property by authorized individuals, groups, or organizations during the non - school hours. Such permits will be issued at the appropriate office. If the administrator in charge of scheduling facilities has a question as to the availability of the building or the propriety of the request for proposed use, he /she shall refer the problem to the president. • Is there an indemnification clause in the proposed agreement to protect the district/college? Yes, Sections 8.1 - 8.4 address this question. The parties mutually indemnify one another. • Who will be responsible for utility expenses associated with the facility; how would that be determined? The FHF will pay for providing hookup of utilities to the site. (Sec. 4.4). All utilities for FHF usage of the Center will be paid by FHF as part of the civic center rental charges (Sec. 5.10). These will be determined by separate metering. • What type of security would be necessary during athletic events, ana who would be the provider of these services? The same security currently provided by the college. The college provides 24 -hour police security for the campus. This has been adequate in the past and there is no reason to believe it would change. The recent addition of an "open -air market" to the list of weekend campus activities has not increased the need for additional security. • Has a study been done on traffic patterns to include ingress and egress? The amount of traffic generated by FHF events is minor compared to that which occurs during a normal class day. The existence of a Field Hockey Center will not generate any more traffic than that which exists now when the FHF uses existing facilities. In addition. Chancellor Thomas Lakin Proposed Field Hockey Agreement October 20. 1993 Page 3 a new entrance /exit will be available off College ParK Drive near the Center. • What about objections raised by the students at a Board meeting last spring concerning the loss of "free parking ?" This issue has been addressed as is evident by the attached letter from Michael Madrid. President, Associated Student Government. • Have the concerns expressed by Dr. Marsee in his memo dated September 22, 1993, been addressed? A meeting was held on Monday, October 11. from 3 p.m. to 5 p.m.. at Moorpark College to address these concerns. Present were four representatives of the FHF, Dr. Marsee, and me. I believe all issues with the exception of parking were resolved to the mutual satisfaction of all present. At that time it was decided to send the Agreement to the respective attorneys for one last examination. The issue of parking will be addressed via this memo. • What provisions are made for terminating the Agreement and /or changing the length of the agreement? The duration of the Agreement and termination rights are addressed in Sections 7.1 - 7.4. The duration of the Agreement may be changed pursuant to Section 5.3. How can we be assured that adequate parking will be available as the college grows? I am attaching a detailed study by Floyd Thionnet that addresses this question. There are a large number of variables that enter into the consideration of this question. For example, the application of Rule 210 to students, how large will Moorpark get before a center or fourth college is built, what is availability of future parking sites on campus. I trust I have done an adequate job of providing answers to questions raised previously as well as several I have tried to anticipate. Realizing that it is impossible to anticipate all questions, we will be prepared to respond to any inquiry on November 9. Thank you. cb Attachment MOORPARK COLLEGE VICE PRESIDENT STUDENT & EDUCATIONAL SERVICES MEMORANDUM TO: Dr. Jim Walker FROM: Floyd Thionnet SUBJECT: Moorpark College Parking ---------------------------------------- ---------------------------------------- DATE: October 26, 1993 Per your request, I will attempt to answer potential questions raised by the proposed field hockey project with respect to parking. This report will address the following: 1. Campus Master Plan (DMJM -1966) - On file for reference 2. Roads and Parking Lot Improvements (DMJM- October 1986) - On file for reference 3. Parking Spaces Available (Paved and Unpaved) Attachment 1 4. Room Capacities - On file for reference 5. Current Usage - Attachment 2 6. Analysis and Projection 7. Future Options Campus Master Plan - The original Campus Master Plan deals with the build -out of the college including parking. The campus is to date approximately 80% complete. There have been changes to the original plans. including location of buildings and parking lots. DMJM (architectural firm) and the District have been involved in the planning and implementation of all construction on the campus. Because of these efforts there is more parking than called for by the original plan. Examples of the resultant increases are: F Lot AA Lot G Lot Communications - 222 spaces - 170 spaces - 122 spaces - 20 spaces * Campus Map - Attachment 3 Roads and Parking Lot Improvements - Following an agreement between the District and Griffin Homes, a major grading project was completed as a result of the City of Moorpark approving the development of a circumference road (Collins Drive) and adjoining single family homes. Additional potential parking was created as a result of the decision to move the EATM Program from its permanent site in the proposed stadium lot (H Lot) to the previous site of the Agriculture Program. DMJM designed this new EATM facility and provided a cost estimate to build -out remaining parking areas in the area of the new Performing Arts Building adjacent to the entrance to the EATM Teaching Zoo. The AA Lot (an increase of 170 spaces) and the future Performing Arts parking were a result of the aforementioned agreement with Griffin Homes. The Stadium parking lot (H Lot) was also targeted by DMJM for future development. The document produced by DMJM in 1986 has been used as the guide for parking master planning, with many of the projects completed. Available Parking - Moorpark College has approximately 2,838 student parking spaces, both developed and undeveloped. In addition. there are 457 spaces dedicated to the handicapped, staff, motorcycles, and visitors. The undeveloped areas (H Lot, Performing Arts) are included as estimates and are currently used as temporary parking. Room Capacities - There are a number of factors that potentially affect available parking, among which are class scheduling, public transportation, and car pooling. There are currently 3,081 seats available at a given time at the college. The new Performing Arts Building will seat approximately 400 but will not be utilized as a general classroom facility. The proposed Math /Science Building will add approximately 507 seats. Thus, a conservative estimate of the number of seats available at the college at any one time after all planned construction is completed would be roughly 3,600 - 31700. Current Parking Lot Use - A survey of current parking was conducted during the first week of October by the Campus Police. The survey was conducted during the peak hours of 8:00 a.m. to 11:00 a.m. daily, 12 noon to 3:00 p.m. daily. and 5:30 p.m. to 9:30 p.m., Monday through Thursday. The figures in Attachment 2 demonstrate that the parking lots are never at 100% of capacity. Projected spaces by DMJM with full parking development of the Stadium Lot (H), part of which is the potential field hockey facility, is 806 per Item VI of the DMJM Plan. The proposed Field Hockey facility will reduce this total by approximately 280 spaces, equal to about the parking capacity of the area formerly occupied by EATM. This will be graded by the Field Hockey Federation. It should be further noted that the stadium has had events attended by 10.000 people. Field Hockey and related activities have used the college turf areas for practice as well as the California Cup during Memorial Day weekend for approximately twenty years. The college has been able to adequately deal with all matters relating to these activities including parking and traffic control. Analysis - In attempting an analysis of the above, I have consulted with the following: students, staff, State Chancellor's Office, (Department of Student Services, Fiscal Planning, and Facility Planning) and DMJM. The most valuable information received was from DMJM. As stated previously, parking needs are dictated by many factors, some of which are: 1. Class scheduling 2. Off campus classes 3. Car pooling 4. Public transportation Classes are not scheduled as tightly in the afternoon as they are in morning or evening. The college, with current capacities in classroom space, can accommodate at least 3,000 students with additional offerings in the afternoon and weekends. According to DMJM, good planning dictates one parking space for every 1.4 students. Applying this factor to the maximum number of seats available at a given time after current construction projects are completed results in the need for 2,571 to 2,642 spaces. Recall we have 2,838 spaces available. When the college grows to an enrollment of 15,000 to 18,000 students, it will have to be by adding classes in the afternoons, weekends or at off - campus sites. Sufficient parking will be available since the maximum number of cars is dictated by the maximum number of seats available at a given time. It must also be pointed out that after the first 4 to 6 weeks of any semester the number of seats filled is always less than maximum. Public transportation projections include Moorpark College as the connecting link to Simi - Moorpark- Thousand Oaks according to the Ventura County Transportation Commission. There is also a projected Metro Link Station at the entrance to the college with extensions of current service to Camarillo and Oxnard. Future Options - The best of plans are subject to change. If, in fact, the projections and estimates prove to be inaccurate, the campus has been surveyed to identify potential future parking lot locations. There are number of options on the existing college property that include the following: 1. The expansion of the gym lot, to include the grass slope area adjacent to the gym, when fully developed would add approximately 200 spaces. 2. The are adjacent to the Performing Arts Building, at what is now called the Music Lot, . could be expanded and increased by approximately 150 spaces. 3. The college owns approximately 8 acres of land in an adjacent canyon surrounded by property owned by Messenger Development Company. We have been approached by Messenger with an offer to trade this land for 8 acres contiguous to an existing parking lot (Lot D). This could be used for future parking. 4. In the event that this campus grew beyond projected parking, multi -level parking structures could be erected. A perfect location for a structure of this type is the current F Lot immediately below the Applied Arts Building. Developing a parking structure at that location would blend in with the overall architectural scheme of the campus. I trust this memo will help to answer questions and address concerns about the use of land by the proposed Field Hockey Federation project. In the event other questions are raised, I will be prepared to respond. 4 _ . � . ` . . r' / , , ~ ' ��`^EA/7-1V V � � . . . . . rOORPARK COLLEGE POL:CE L',EPARTMENT TOTAL NUMBER OF PARKING STALLS � SEPT !993 :-ARKING LOT 9TUDENTR MOTORCYELE .3TAFF HANDICAPPED rOTAL -------' 4A 170 7 z70 --'-------------'-- -----�-- --------- 363 4 251 18 82 '------------ -------' 5 4 349 � 334 :ARPOOL .:ERMIT 36 ________ 7(OOKSTORE 5 -5 20 -���������_��__� ---�-----'-'----------------------------- C 247 247 ---- '---- 20 �OMMUNICATIONS BLDG 17 3 --- -----------'— - --- - D&E 576 3 579 - --' __--' - __-' ________- - — --' -- c 5 227 ,-LL,_ - 4 c ' c5RUM LOT ---' ---'---- --������ 6 25 2 118 G-1 91 -_--_--__-_-__ -__ '__�'_'_ B-2 122 4 iL= POLICE AREA — H (PAVED) 59 59 _-. H (DIRT LOT) 450 450 - --------- -------'- ---- ---�� 2�0 HS (DIRT LOT) 250 0 -------- 33 5 77 M M8.03 2 40 45 -------'--- -'-----------'--- 40 114 14 168 S -_ - --- ------ -'--�--------- 30 53 335 39 3295 _ TOTAL 2838 DH 9/93 October 3 , 1993 TO: Floyd Thionnet U . P. Student Services FROM: D. Houston./04 -4 Ref : Parking Survey During the day shifts our police cadets surveyed the following parking areas . I have not received any report from the night shift . 8A-11A BA-11A 3A-11A 8A-11A 8A-11A LOT MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY AA 100% 100% 100% " 00% 100% A 100% 100% 100% 100% 100% 8 100% 100% 100% 100% 100% C 100% 100% 100% 100% 100% D 55% 75% 55% 75% 25% E 42% 35-50% 42% 35-50% 20% F 85% 100% 85% 100% 85% G-1 30% 30% 20% 20% 10% G-2 95% 95% 95% 95% 95% HS 95% 95% 95% 95% 95% M 100% 100% 100% 100% 100% H-PAVED ( FREE PARKING ) 85% 85% 85% 85% 60% H-DIRT ( FREE PARKING ) 5% 5% 5% 5% 5% NOTE : AFTER 11 : 00 A.M. ALL PARKING AREAS START TO FREE UP . 12-3P 12-3P 12-3P 12-3P 12-3P LOT MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY AA 45% 45% 45% 45% 40% A 50% 50% 50% 50% 30% 8 44% 45% 45% 45% 20% C 50% 50% 50% 50% 30% D 20% 25% 25% 25% 15% E 10% 15-30% 12% 20% 10% F 35% 50% 25% 45% 10% G-1 10% 10% 10% 20% 5% G-2 55% 55% 55% 40% 45% HS 75% 75% 75% 55% 30% M 50% 50% 50% 50% 70% H-PAVED (FREE PARKING ) 15% 15% 15% 15% 10% H-DIRT (FREE PARKING) 5% 5% 5% 5% 5% NOTE : AFTER 3 :00 P.M. ALL PARKING AREAS FREE UP UNTIL ABOUT 5 : 15 P .M. . ... -. ......... .. . . .,..........1.•••••••••Ms f•••••• 66.172,00 1 6tra .. . I i= . _........._ m...3.........., I I .I. -I , 1 :444 i 1 9211o2 71 Z1 V151 el a°1^1 N.jukI ..Z 9.111 I n...1.111U:Se V. 1.1 i '. 1 I q 8 IINV•AVP.1"nor L. IWILII.ASO., , .................._—_— ,. . . . !. . • 1 • . V . i 40.11111.1 1 yi S-elil I ,,,,.....- • . •c .,.. not .. illi /., i .....:: ,_ ......_ • , , , • . . 1 cr, z---_- . . . • p_c_... .... ,...., _u.)._:t . .• . . •-C I-- ..)r3. •3) .- ).77-7-77,."5. ."-• -.. •. • /- . --) i .—7--------___ .c • .. . .) J '. ."wilaluLL :4111111 . t • • I: ) 1/‘ c,..11/i._ . .. _..i.... '1 . i"--• -11 - ' ) . r' - (1 ---,' ,.-()-. •-;• i - i , • .--... me. • 1r) •'.•:'• :. ..—/ ---•.......-;• .- , 0. , I :111F,;"..:' v• ---- :IT!' ...-- .07 f••• I•d . - .... . .... . ., : ). •.. . '1 •1 . • - --- .i• ' 1 — .• — . ••••••.._ ..1 • 1 • . --------.._, _ ,,, .,7 ..,.• .7;4: _s • i i--. — .._• ••,— .ii;'i ,,ss•. — .."...ri ...4 • •••.. . a. • . — •. L---. •-•.../ ..• ..._ _.....- 1 .. .. ''' ,• . . . i•If•j er• .1.. ,....... _ ..)52.,..,.......i._ li., - • r I . ,66h1))1'. . ,. . : - •-- • .---- -------------- ...._ . . NJ. ' 5 ---- .... " --___ .. , _ 1 • i , . /. . • i ii i dz- .. _ ---,......._ .4 --.. . •_..._ ..- f. 1 . . ../47 .i- i --4-------- ii.. • .• .„ ........ .._ .. .........4_._ g ._._.4__: i __ , ---___ ......:...--i)z- __,__-----. , : i 0 • .__ :.f,, . ......., ,....... • • -- .. . . — _______ p _., ' i,.'''i.11;„ • • I p It / '''•,., //•••‘... ...) \ . )..**15F..4,...." .. ."."?••• _...../.................L.:r.......„.....1 1...1. v() I . / • ./ .. .i;.•• ,I ... li:( • r . . . , . ...r.. . . . . .. i . ,..-......,,...- . ._ .. 4 . 711 . 13 , ... ..:........, ....: , • . . . . • ---.1 ,44.• iiiiii: •• I 1 . ..: — . . .}0 i I r 1111 • , • n , . • • ..% • . . . .:: • -0 46. Ilk • . k„ • . , , • . .t erl.;, ._. kl III , . • ../. .." s. . _,... .. . ..r.„ . ...., ,• . -,.. . ,.. , . • . . I • t, . ,. • --: . . . • • ., ....„ . ; ( • . • • ..:• • . . • . / . , ..,. .. : • — .-. -- . • • i • :-c\,_ 11 . . • . . I J • • . • • . . • ..•... • • .. • . 1 %., i ‘. i. / `. IIIII. i k . , -: •• . . 1 1 • ' \ • . 1 . • .\ .. \ • • . • . . . / . . ..._.. ...„ . , i • • . / r. . . . .. .• . 4- . :; . . . . . . i. a.„,m________ _.. \,,... ,.......,, , , . . . , . . . : • . . . .1, . . . • . . • . . . . •;.q .., . . 1 . • i . . , . . . . . , ‘....... _ l • 1 . • . er, .. . I . japiiimamm... , i • . . •, ...... .......„ , . / • . . . - i • . • ., . /•• • • . ..( ) • „ • . ••• ' / I.- 47:. :'' ' • • .••• • •.' „ . • , t 7....• /• • '••"--• ..- .. s:. / • • , II n •• s . . . ... . . • . . • Z . . . . . . . . . /17/. • . . . • • . • 4 \ . . . ,/ / • . •• '. . . 00% • . . ./ . . /• . • • , . • . . . • . • . „: -7 . / • • .• • . , _, • • . . a • . , •/ • ..t. 1 . .. . .. 4 . . . . 41, . .> t. . . t • . • . . . . I , 1 • • lb ..) • • . 4; • 4. ..- . 'I. . - ./- '. '.• • • •-..,. ' • .\ • .Z.i.:".; d. ..: '4 , . ,N. . . .. , . • . • \ . • ..... . • . • . . ••• . . ... .\ ./.. . . • . \ •• • . • • . .) • . . ..••• . . . , . . .,... • . • . • *:: • . . .\• - . . . • -.-. 1 . .•....7:.*•••••• ..•• : .1 . . . . . . .. . • • • / •: . • . . . • • • .. .. . . : :. . ''. • • • . • • ... , . • . . • • •• • • . '.47:7• .I- / • ' . . • . • . . • . • .,•,., • • A'. . . . . . • . . • . . , . .• . . . ./ ': •• . ••:' !. .. : 7 .. • . . • . •• . . . . . . , . • ' . • ••••:•• '? . . . i . • -• •••••%. " '•••• ••"•:.--•*, i . . . . . . . . . . .. . .• . .. \ .. • a . • . • . . • • .. • ... . •:.... :.••••••'• '..,•;, .7,1;:t.::`,7,. . . . •• • . • . . . . . . . . . . . 1-. . ., . • . . . ' ' '-'••... 1 ...•• .?•••••*: . t . • • • V. , ...?.:•'• • • ' .• .'' • • • . 'rn ,:' .• ,, . . . , . .. ,,• .. .., •.••:i.t • • i.... ' :. ' ' ' • . . . .. \ .. , •,•; i• • . • .. . • . . .• , . • •....• . •. , . .. ..• •••:' .('... • ...: •••:•t.... •i•/*I.:-•.::i.4•1•..• . . '..*.::.4...y '. • •, . ' .•••.• N.' •...,... .::•-. '.;. . •• . .. . •I••;•;.'",..I .• •I `• :.• : •N"•:...:.••• ••.......,/•.'ii ..••, "• . . • .. •:.:•-, r .':• :'••...;:::::..:.....;";*•:..' :' 4'....r.V:1‘e./.1Z, i s,. ... ..... .. 1 .. '.9•Tr, . - •• ..•. 1 . . . " . .• . . . .. . • • . . . . . . . . . • . . . • . • . . •' . • . ! . , ' '. • . ... .I . • 1 . . . From 5 : 30p . m. until 9 : 3U.io . m. most upper ;parking areas are 70% full . With the exception of parking lots : 0 & E - LESS THAN 10% HS - LESS THAN 50% M - 100% FULL H (DIRT) LESS THAN 10% H ( PAVED) 65% --ULL Z m O L O m m L v° c _c Q' d --i- E—, -. _ y r u d _ y / - N d Z• t O -- w q _ r0 \\ i. U C y t Vcy, d1,2_ Y h� �-� -J1 Z. O if ul in s- •' i- s //7/' '• • _ ,---—_ ,.. --.\..*, .. ` a -i ` //-cs, \� QE C : U Om _. \ N F c✓ l O --'41;49 \\ a a m v U U c7 C. 41),• _-_, . , .E co � . x c m a , al€ v 0- Y ! % ♦ � } a ro m a ' 1 v� , °� C-3 u- i 7°e o a lE Id \moi% .10 a241110 Q. 0. 0- 1 I • ) ,-,.- ---- . . •. / �� 4 e i \� MB WnipstS u,I„D , L a) -• \ vel ami f` �1 ' _ — � (----- L oM I ' •'I oFto �m o u) O - 0.0.7 S G O o i to it! t Moorpark College A _ ,-,,ociated 5tuuerl( Bo(k September =4. ' 993 Floyd Thionnet Vice President Student & Educational Services Moorpark College Dear Mr. Thionnet. Thank you for your response to Associated Student Government's concerns regarding thr proposed Field Hockey Stadium. Your help was certainly appreciated. The Associated Student Government of Moorpark College is in strong support of the construction and development of the proposed Field Rockey Stadium. As you know. the primary concern of the students was preserving the free parking that is currently being made available to the student population. Provided that it is the "intent and commitment" of this Institution to ensure that adequate free parking remains available, we are confident that the students and their governing body will be in support of this endeavor. We look forward to seeing this very worthwhile project serving as an asset to Moorpark College and the community at large. Thank you again for your attention to our concerns. / Sincere ichael ,fjA`adrid President Associated Student Government cc: Jim Walker 7075 Campus Road • Moorpark, CA 93021-1695 • ( 805) 378 -1400 • FAX (805) 378 -1499 i.i 5 7 S S LI N Z la 5 W M hl 1. n p r% cm P Revised 10/26/93 AGREEMENT between VENTURA COUNTY COMMUNITY COLLEGE DISTRICT and FIELD HOCKEY FEDERATION, INC. This Agreement is entered into this day of November 9, 1993, between Ventura County Community College District. 71 Day Road, Ventura, California 93003 (hereafter 'VCCCD') and the Field Hockey Federation, Inc., 1000 Business Center Circle, Suite 100, Thousand Oaks, California 91820 (hereinafter "FHF"') in Ventura County, California, as follows' I. INTRODUCTION 1.1 WHEREAS, the FHF is a nonprofit corporation organized for charitable purposes, exempt from taxation by virtue of the internal Revenue Code 501 (c) (3), and has an ongoing program of Feld Hockey in Ventura County; and, has agreed to finance the construction of an artificial turf field hockey playing surface and other rotated improvements on the Moorpark College campus as identified on Attachment A; and 1 -2 WHEREAS, VCCCD has available land space which is not needed by VCCCD for classroom building or other educational related facilities at this time; and 1.3 Whereas, VCCCD and FHF have over 20 years of prior experience relative to the FHF utilizing the Moorpark College campus under the Civic Center Act in carrying out the programs and objectives of the FEF; and 1.4 WHEREAS, the parties hereto recognize the following objectives of this agreement: (a) To provide an artificial turf stadium facility located on the Moorpark College campus. (b) To provide Field Hockey programs for the community. (c) To provide a facility for hosting local, national, and international Field Hockey camps and tournaments. (d) To provide a facility for training of U. S. National Teams for national and international competition in Field Hockey. (e) To provide a facility for Field Hockey classes and other college related activities which are scheduled as a part of the Moorpark College academic program-. 1.5 NOW THEREFORE, inconsideration of the above and in further consideration of the conditions, covenants, and promises hereinafter set forth below, the parties hereto agree as follows: II. DEFINITIONS 2.1 The following definitions are provided for the purposes of clarification and shall govern this entire Agreement wherever so used in lieu of any other meaning of the definition given any such word. O.D r -34— ?3 Slab/ b W . H N 1 MO r" C1 CCCD(FHF Agreement Revised 1=5193 Tuesday. tiwember 9, 1993 Paso 2 of 9 2.2 ".Asset" shall include all property whatsoever (including real property and fixtures) but shall not include money, 2.3 1 Center" shall mean the Work of Improvement constructed pursuant to this Agreement after completion, and assets acquired pursuant to this Agreement, and any other facility or asset used by Field Hockey Federation to carry out the objectives of this Agreement. The "Center' shall commonly be known as the Field Hockey Sports Complex. 2.4 -FI IF" shall mean the Field Hockey Federation, incorporated, a non -profit corporation, and a tax- exempt organization qualified under Section 501(c)3 of the Internal Revenue Code. 2.b "For cause" shall mean the performance or nonperformance of any material act by any of the parties hereto related to the operation or management of the Center, its facilities and premises which is a material breach of California or Federal law and/or which prejudices the objectives of the Center created by the terms of this Agreement. 2.6 "Supervising Engineer' shall mean the Structural Engineer registered in the State of California as retailed by the FHF and as approved by the VCCCD. 2.7 "Total Cost of each Phase' shall mean the minimum cost, as jointly agreed upon by FHF and VCCCD, to construct each Phase of the Center (including all aswx;iated utility installations and connection fees for each phase) as listed below: (a) "Phase I Costs" include the artifl ial playing surface and perimeter fencing. .r (b) "Phase -3 Costs" include field lighting. -r-- (c) "Phase JIT&,sts" include seating for spectators_ (d) "Phase IV (:osts" include a field house. 2.8 "VCCCD" shall mean Ventura County Community College District. 2.9. "Work of Improvement" shall mean the playing surface, perimeter fencing, utilities, site preparation, peripheral improvements (e.g., bleachars, lighting, field house, etc.) constructed in accordance with this Agreement to serve as the Center. 2.10 "Director of Facilities/Planning" shall mean the VCCCD Manager in charge of Facility Development and Planning. III. OBLIGATIONS OF VCCCD 3.1 VCCCD agrees to allow FIIF to construct a field hockey sports facility (hereinafter referred to as "Center') on the Moorpark College campus at the site indicated on Attachment A. Construction activities shall conform to all rules and regulations as established by Moorpark College, VCCCD or the State of California. All applicable rules and regulations shall be provided to the FHF by the appropriate VCCCD officials at least sixty (60) days prior to commencing construction of the Center. The Director of Facilities Planning shall be responsible for compliance with this provision. 3.2 In addition, as authorized by Chapter 8, Article 2, Sections 82530 through 82348 (hereinafter referred to as "Article 2') of the California Education Code, VCCCD hereby grants FHF use of the Center for the duration of this agreement as outlined in Paragraphs 5.2 and 7.1 of this Agreement. 3.3 Adequate drainage facilities for the Work of Improvement shall be installed by the FHF and maintained by the VCCCD. UCl —24 -4 i31iN 20 . f W. H A 1 mean P_ ✓>� VCCCD/FHF Agreement Revised 10125M Tuesday, November 9, ] 993 Page 8 of 9 3.4 VCCCD shall provide adequate security for the Center except for major events and tournaments conducted by FHF wherein FHF will provide such security. N. OBLIGATIONS OF THE FHF DURING CONSTRUCTION 4.1 In consideration for the above, FHF shall be responsible for the construction and security of the Work of Improvement, including the furnishing cif all labor: materials, governmental permits. and equipment necessary to complete the Center. 4.2 Construction of the improvements of each Phase will begin as anon as practicable after the FHF has received funding commitments for one hundred percent (IWA) of the Total Cost of that Phase of construction of the Center. No mortgage, liens, security interest or encumbrance will be placed upon the Work of improvement or land owned by VCCCD. if the FHF is unable to obtain sufficient funding commitments of Phase I within a period of three hundred sixty (360) clays from the execution of this Agreement, this Agreement shall become null and void upon written notice by the FHF advising VCCCD of the failure to obtain the required funding commitments_ 4.3 The FHF shall be responsible for all arrangements and funding necessary for the construction of the Work of Improvement and shall retain the services of an engineering firm to prepare the working drawings for construction of the Work of Improvement. All plans and drawings shall meet the requirements of the Office of the State Architect and shall be approved by the Director of Facilities Planning, which approval shall not be unreasonably withheld 4.4 Adequate electrical, natural gas, water and sewerage cyst ens to operate the Center shall be provided to the site by the FHF for the construction of the various phases. 4.5 The FHF shall not be held responsible or accountable for any delays in the construction of the Work of Improvement due to forces beyond the control of the FEF or its agents, representatives, principals, employees, or independent contractors. 4.6 The Work of improvement constructed by FHF pursuant to this Agreement shall be either constructed using "volunteer' help which is qualified to perform such tasks and/or when applicable, a licensed contractor. When utilizing a licensed contractor, FHF shall pay workers performing labor and/or services required by Section 1771 of the Labor Code and shall require of the contractor the filing of a payment bond pursuant to the provisions of Chapter 7 (commencing with Section 3247) of Title 15 of Part 4 of Division of the Civil Code. When utilizing non-paid individuals (volunteers) to perform any construction improvements, FHF agrees to carry a minimum of $1,000,000 of Liability Insurance and shall indemnify and hold harmless VCCCD for any injuries or other claims as a result of this construction project. In addition, FHF further agrees to hold harmless VCCCD from any financial obligations and/or bens arising from this Work of Improvement. 4.7 Title to the improvements made pursuant hereto shall veati to the VCCCD upon the completion of each improvement and shall be dedicated to the VCCCD prior to the use by FHF of any such improvement. Legal title to the land upon which all improvements are constructed shall remain the sole and exclusive property of VCCCD. 4.8 After the final plans for the Center have been approved by VCCCD, FHF shall, at FHFs sole expense, proceed with diligence and continuity to erect the Center and the off site improvements in substantial conformity with the final plans approved by VCCCD. All construction of the Center and the off-site improvements shall be performed in accovlance with the following conditions: 10 .5 93 10.59 V 213 614 2715 - 3 : CJC f —3 SUN 20 : 39 w. —va7 VCCCD/FHF Agreement, Revised 10/25/98 Tuesday, November 9, 1999 Page 4of9 (a) A general contractor mutually approved in writing by the parties, shall serve as the general contractor to construct the Center and the o$ -site improvements. FHF may discharge any general contractor so selected; provided, however, that FHF shall give written notice of such discharge to VCCCD within ten (10) days following the date thereof. In the event of any such discharge, FHF shall promptly select a new general contractor, subject to VCCCD's prior written approval, which shall not be unreasonably withheld The construction contract between FHF and its general contractor shall call for construction in accordance with the applicable provisions of this Section 4.8. Such contract shall specifically provide for a maximum construction price and shall require the general contractor to furnish a faithful performance bond and labor and material payment bond, each in an amount equal to 1000A of the contract sum, which bonds shall be in such form and substance, and shall be issued by such surety company, as shall be reasonably acceptable to FHF and VCCCD, and which bonds shall be recorded by the general contractor prior to the date of the commencement of construction. such contract shall provide further that (i) VCCCD shall have the right but not the obligation to assume FHF's obligation-9 and rights under such contract in the event this Agreement is terminated following FHF9 default hereunder, (ii) prior to suspending or terminating its obligations under the contract„ the general contractor shall give VCCCD at least fifteen (15) days prior written notice of any default by FEY, and (iii) the general contractor, without regard for any prior default by FHF, will continue to perform under the terms of its contract, provided VCCCD cures any default of F AF which can be cured by the payment of money and assumes all of FHFs obligations under the contract arising thereafter, including the obligation to pay for all work, labor or materials when due under said contract. (b) At least ten (10) days prior to the date of the commencement of construction, FHF shall give written notice thereof to VCCCD so that VCCCD may post and maintain on the site such notices of non - responsibility as VCCCD may desire. As used in this Agreement, "commencement of construction' shall mean the date any labor, services or materials are first furnished to VCCCUs site in connection with the construction work described herein. (c) No such construction shall hereafter be undertaken until FHF shall have procured and paid for all governmental permits and authorizations of the various governmental agencies having jurisdiction relating to the particular phase of the construction to be undertaken, and VCCCD, so long as the same shall be without expense to it, agrees to join in the application for such permits or authorizations whenever such action is necessauy. (d) Such construction shall be done promptly and in a good and workmanlike manner, of first -la- materials, and in compliance with all applicable building permits, governmental approvals, building and zoning laws, and other laws, ordinances, and local governmental agencies, and the appropriate departments, commissions, boards and officers thereof. Without limitation of the foregoing, it is the intent of both parties that tha Center be constructed to be a high quality field hockey center which will reflect favorably on both VCCCD and FHF. (e) Not less than thirty (30) days prior to the commencement of construction, FHF shall deliver to VCCCD: (i7 proof reasonably satisfactory to VCCCD that adequate funds are available w FHF to complete the construction work, (it) a copy of the construction contract described in subsection (a) of this Section 4.8, which shall provide for a maximum construction price not to exceed the funds available under the construction price and/or otherwise irrevocably committed by FHF to the construction of the Center and the off -site improvements, (iii) evidence satisfactory to VCCCD that all governmental permits and/or approvals necessary for the construction to be commenced have been obtained by FHF, (iv) evidence of worker's compensation insurance as required by law, and such buildeYs risk and public liability insurance as required hereunder, and (v) evidence that the performance and payment bonds O C: T -24- 3= S U N 2 0 0 VCCCDIFHF Agreement Revived 10125/98 Tuesday, Novembsr 9, 1993 Page 5 of 9 required pursuant to the construction contract have been issued and recorded as required therein. VCCCD shall have twenty (20) days after the foregoing items have been delivered to VCCCD to reasonably object in writing to all or any of such items, and FHF shall not permit construction to commence until such reasonable objections have been remedied to VCCCD's satisfaction. M Such construction shall be subject to inspection at any tune and from time to time by VCCCD, its architect or engineer, or their duly authorized representatives, at VCCCD's sole expense, any in the event that VCCCD's representatives shall, upon any such inspection, be of the opinion that the construction is not being carried out in accordance with the terms and conditions in this section 4.8, FHF and FFiF's Architect and general contractor shall consult with VCCCD's representatives with a view to correcting any such failure to comply with the terms and conditions hereof, at FHFs sole expense, and RIF shall so correct and comply. (g) FHF shall enforce the construction contract, and neither it nor VCCCD will do or refrain from doing any act whereby any surety on any bond may be released in whole or in part from any obligation assumed by such surety or from any agreement to be performed by such surety under the bond. In the event of any default on the part of the general contractor, the Architect or other contractor or any subcontractor or supplier under any contract made by it in connection with the construction of the Center, or in event of a breach of warranty with respect to any materials, workmanship or performance guaranty, FHF will notify VCCCD and will proceed, either separately or in conjunction with others, to pursue such remedies against the Architect, the general contactor, contractor, subcontractor or supplier so in default and against such surety for the performance of such contract as it may deem advisable. 4.9 VCCCD makes no covenants or warranties respecting the condition of the soil or subsoil or any other condition of the site, it being understood that FHF has made or will have made all such soil and structural engineering tests that FHF considers necessary. FHF shall furnish s copy of any such report or reports obtained by FHF' to VCCCD concurrently with its receipt of the same. 4.10 Once construction of the Center and the off -site improvements has been commenced, FHF shall prosecute the construction to completion with all due diligence and, in all events, so that completion of each phase of the Center (including all off-site improvements) is achieved within one hundred twenty (120) days of the approved schedule, except that the time for completion shall be extended in the event of force majeure delays. On completion of the Center and the Off-Site improvements, FHF shall file or cause to be filed a notice of completion. FHF hereby appoints VCCCD as FHF's attorney -in -fact to file the notice of completion on Mrs failure to do so after the work on improvement has been substantially completed 4,11 FHF°s failure to complete construction of the Center and the off -site improvements by the date specified in Section 4.10 hereof, as extended by any force majeure delays, shall without additional notice, constitute a default, and VCCCD shall be entitled to immediately pursue all rights and remedies provided in said Section. 4.12 FHF shall pay foot or cause payment to be made for all labor and materials supplied or claimed to have been supplied to FHF or any one holding the site or any part thereof through or under FHF, in connection with any work of construction, repair, maintenance or alterations done in, upon or about the site. FHF shall not suffer or permit to be enforced against the nit* or any improvements thereon any vendor's, mechanic's, laborer's, materialman's, contractor's, subcontractor's or other lien arising by reason of any such construction or other work of improvement, however such lien may arise, and shall pay or otherwise cause any such lien to OCT —24- :ate SUN .20 . .L z v CCCD/FHF Agreement Revised 10/26/98 Tuesday, November 9. 1993 Par 6 of 9 be discharged of record as a lien against the site or any improvements thereon within thirty (30) days after notice of the filing thereof. 4.13 FHF will not be responsible for any environmental damage which existed at the site prior to signing this agreement. V. OBLIGATIONS OF FHF FOR MANAGEMENT OF TIM CENTER D.1 FHF may employ and provide compensation and benefits for a Facility Manager (honinafttr 'Manager") for the operation of the Center during periods when FHF is utilizing the Center under the Civic Center prwissions as referred to in Section 3.2. The Manager shall not be considered an employee of the VCCCD by virtue of this employment, nor be considered for anv rights or privileges inherent with VCCCD employment. 5.2 VCCCD hereby grants FHF use through application of the civic center permit process of the Center as outlined below under provisions of the Education Code Article 2 as amended (and any successor statues) for the terms specified. (a) 2:00 PM until 10:00 PM on the days that school is in session during the regular school year. (b) 8:00 AM until 10:00 PM during Saturdays, Sundays and school holidays. (c) 12:00 Noon until 10:00 PM during summer school session. 5.3 The FHF and VCCCD shall jointly make dociai s as to future enhancements to the Center such as the addition of seating capacity, concessionary facilities, field house and lights. At that tima, tetras and length of the agreement may be modified Cost and construction of any such enhancements shall be the sole responsibility of FHF. 5.4 The FHF shall be allowed to display advertiser's signs at the Center so long as such advertisement is not in conflict or violation with existing or newly adopted law or regulation. Such advertising shall be displayed on or adjacent to the fencing surrounding the Geld and shall not be more than four (4) feet in height. Moorpark College eh&U retain the right to review and approve any advertising signs and agrees to not unreasonably withhold any such approval. 5.5 The cost of repair of the Center for damage beyond normal wear and tear shall be borne by the party authorizing use. Replacement and/or repair of the artificial turf field shall be the sole responsibility of FHF and shall be under the same conditions as outlined in Sections 3 and 4 above, subject to VCCCD approval - 5.8 Alt permanent markings on the field surface shall be decided by the FHF. 5.7 FHF agrees that the Center shall be subject to all standard VCCCD risk management policies and procedures. From Time to time, the Center shall undergo a Safety and Loss Control inspection by the then existing VCCCD insurance authority and FHF agrees to be responsible for the correction of any sited unsafe condition arising out of the use of this facility per this Agreement, such as, but not limited to, artificial field in disrepair, unsafe spectator areas, trip hazards, and unsafe field house conditions. 5,8 FHF agrees to provide adequate property damage insurance as mutually agreed by VCCCD and FHF for the Center. 5.9 FHF agrees to monitor cleanup activities following regular FHF usage of the Center and understands that excessive custodial service requirements not provided within 48 hours nC_ - 5 --03 riOti :Z i w. H i mans VCCCD/FliF Agreement Kevzsed 1012193 1 iesday, November 9, 1993 Page 7 of 9 following any FHF event shall be subject to an appropriate custodial charge to FHF based on the then prevailing Civic Center rate for service. Maintenance and service expenses for tournaments will be paid by the FHF. Maintenance for general upkeep will be cae responsibility of FHF. 5.10 All utilities for FHF usage of the Center will be paid by FHF as part of the civic center rental charges. Vi. MUTUAL OBLIGATIONS F' cj s 6.1 The parties hereby obligate themselves with respect to the development, management and operation of the Center in accordance with the terms and conditions of this Agreement and any related documents. The parties expressly acknowledge that this Agreement is intended to create contractual obligations only and is not intended to create a partnership or joint venture between VCCCD and FHF. Nei&r Party shall be liable for the acts, omissions, debts or obligations of the other Party. Further, any contract entered into by FHF with respect to the Center shall include provisions acceptable in form and substance to VCCCD disclosing VCCCD's non - responsibility for the debts and obligations of FHF under each said contract. 6.2 Each Party may create, publish and dissemmate its own marketing materials and publicity concerning the Center, provided however, any references to the other Party, the Center or the contractual obligations created hereby in such publicity, marketing materials or other public documents shall be subject to the express pnor written approval of such other Party. 6.3 This Agreement i9 not intended to create and neither Party shall exercise (nor attempt to exercise) any proprietary interest in the name, tradenames trademarks or logox of the other Party. FHF acquires no right, title or interest in or to the name, logos or marks of Moorpark College or VCCCD other than the right to use the same in the manner prescribed and approved by VCCCD and in accordance with this Agreement. VII. DURATION OF AGREEMENT AND TERMINATION 7.1 This Agreement shall remain in full force and effect for an initial period of twelve (12) years from the date entered into, unless otherwise terminated as provided in Paragraphs 7.2 and 7.3 below. 7.2 This Agreement may be terminated by eAber party hereto for cause upon ninety (90) days written notice to the other, which notice shaD specify in reasonable detail the acts or activities upon which the party claims a right to terminate this Agreement and the other party fails to correct the acts or activities specified within ninety (90) days of receipt of the notice of termination, 7.3 In the event that FHF ceases to conduct field hockey activities or is unable to continue to operate the Center, then FHF agrees to notify VCCCD in writing within 34 days of such occurrence. This notification will cause the Agreement to be terminated FHF agraea to hold VCCCD harmless for any obligations arising out of the event described within this paragraph. 7.4 Should termination of this Agreement occur as provided in Paragraph 7.2 above, any controversy or claim arising out of or relating to such termination, including ownership and valuation of assets and responsibility for liabilities or obligations, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and �ryv -A 1 r,Gr'%v VCCCDlFHF Agreement - e"�ised 104,ZzW Tuesday, November 9, 1993 Page 8 of 9 J udgment upon the award rendered by the Arbitrators) may be entered in any Court having Jurisdiction thereof. VIII. LIABILITY 8.1 FHF and VCCCD shall each be indemnified by the other and held harmless against and from all claims, demands, liabilities, actions, and rights of action which shall or may anise by virtue of anything done or omitted to be done by the other (through or by agents, employees, or other representatives) outside the scope of, or in the performance of, this Agreement provided the other shalt be promptly notified of the existence of the claim, demand, action, or right of action shall be given reasonable opportunity to participate in the defense thereo£ 8.2 Nothing contained in the Agreement shall be construed to constitute either party the general partner of the other party or the agent of the other party other than in connection with the activities included within the scope of the joint venture nor in any manner to limiL the parties in the carrying on of their other respective businesses or activities. 8 3 RHF agrees to indemnify, hold harmless and defend VCCCD and Moorpark College, their respective officers and employees from any and all liabilities, losses, claims, penalties, forfeitures, suits, and the costs and expenses incidental thereto ("including costs of investigation, defense, settlemQnt and reasonable attorneys' fees), which it or they may hereafter incur, beoome respocmible for or pay out as a result of actual or alleged injury to any person, destruction or damage to any property caused by (i) Mrs breach of any term, warranty or provisions of this Agreement; (n') FHF's breach on any construction contract, Ciii) any misrepresentation or misstatement of FHF; (iv) any failure to comply with federal or state law, regulation or rule; or (v) any negligent or willful act or omission of FHF or its respective employees in the performance of this Agreement or activity at the Center. M NOTICE 9.1 Any notice given to the other party pursuant to this Agreement shall be served on that party by certified mail, return receipt requested, addressed to the address of record provided by each party to the other party. The running of any time period designated in this Agreement shall begin from the date of actual receipt of said notice by the receiving party. 9.2 For VCCCD, direct notice to Vice Chancellor, Administrative Services, 71 Day Road, Ventura, CA 93003. For FHF, direct notice to President, Field Hockey Federation, 1000 Business Center Circle, Suite 100, Thousand Oaks, CA 91320. _.1� = C. T 24 -43 SUN •46 W . H A ! ,on •:. VCCCDIFHF Agratment Tuesday, November 9. 1993 Paso 9 of 9 X. OWNERSHIP OF ASSETS Revised 10/25x93 10.1 All Assets purchased, or otherwise acquired, for the purpose of carrying out this Agreement and its objectives shall at the time of purchase of such asset(s) become the sole and separate property of VCCCD. 14.2 All income generated by FHF shall be the sole and separate property of the FHF, M. GOVERNING LAW AND INVALID PROVISIONS 11. l This Agreement is entered into in the State of California and shall be interpreted and enforced in accordance with the laws of California If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in fiill force and effect and shall in no wary be affected, impaired or invalidated. XU. SUCCESSORS AND ASSIGNS 12.1 This Agreement shall be binding upon and inure to the benefit of the sumessors of the parties hereto. It shall not be assigned without the written consent of the other party. XIII. CAPTIONS 13.1 The captions or titles of the several articles of this agreement are for the purposes of convenience only and shall be considered for the purpose of determining the meaning or legal effect of any of the provisions of this Agreement. MV. EFFECTIVENESS 14.1 This Agreement shall be effective as of the date it is approved by the Governing Board of VCCCD. Field Hockey Federation, Inc. Dated: Ventura County Community College District Dated: By By: D- . T - 24 - --+3 c•UN O : 4v w . H •'r. ©►�C! Rpviaed I012619a ANCILLARY AGREEMENT between VENTURA COU.'N1TY COMMUNI'T'Y COLLEGE DISTRICT and FIELD HOCKEY FEDERATION, INC. This Ancillary Agreement is entered into this day of November 9, 1993, and is consummated in conjunction with the attached Agreement between those same two parties, Ventura County Community College District, 71 Day Road, Ventura, California 93003 (hereafter "VCCCD") and the Field Hockey Federation, Inc., 1000 Business Center Cirde, Suite 100, Thousand Oaks, California 91320 in Ventura County, California, dated November 9, 1993, which relates to the Field Hockey Federation, Inc. placement of an artificial turf facility at Moorpark College is as follows- INTRODUCTION 1.1 WHEREAS, the FHF and VCCCD have agreed to a twelve (12) year agreement for placement of an artificial turf field hockey facility at Moorpark College; and 1.2 WHEREAS, the FHF and VCCCD wish to prescribe other details which relate to the agreement; 1.3 Now THEREFORE, in consideration of the above and in further consideration of the conditions, covenants and promises hereinafter set forth below, the parties hereto agree as follows: 1.4 F13F agrees to provide for leveling and (trading of an area at Moorpark College for future use as a football practice facility and grade the former exotic animal training area, thereby expanding the existing dirt parking area - 1.6 VCCCD agrees to provide a twelve (12) year civic center permit for FHF use of the Center as prescribed in the separate agreement, The permit will be executed by VCCCD and FHF simultaneously with the separate agreement. Field Hockey Federation, Inc. Dated: Veatura County Commuuity College District Dated: By: By: