HomeMy WebLinkAboutAGENDA REPORT 2016 0706 CCSA REG JNT DC ITEM 10Q ITEM 10.Q.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL ACTION:
AGENDA REPORT
TO: Honorable City Council / BY: ty' '
FROM: Steven Kueny, City Manager C.--
DATE: June 23, 2016 (CC Meeting of 07/6/16)
SUBJECT: Consider License Agreement between City of Moorpark and
Moorpark Unified School District for the Arroyo Vista Community
Park Access Road
BACKGROUND
On March 21, 1997, the City of Moorpark (City) and Moorpark Unified School District
(MUSD) entered into a License Agreement for MUSD to use the real property commonly
known as the Arroyo Vista Community Park Access Road (Access Road) for a period of
twenty years beginning September 1 , 1996, to August 31, 2016. In 2001 , City and
MUSD approved Amendment No. 1 to the License Agreement. On March 10, 2010, City
issued Encroachment Permit No. 10-3599 to allow MUSD to construct a bus turnout on
the south side of the Access Road, and MUSD constructed the bus turnout consistent
with said Permit. MUSD also constructed certain drainage improvements consistent
with Section 5. of the March 21, 1997, License Agreement; and MUSD will maintain the
drainage improvements.
DISCUSSION
Since the License Agreement will expire on August 31, 2016, an updated License
Agreement with Exhibit "1" is attached for your consideration, and the location of
MUSD's drainage improvements are shown on Exhibit "1". This License Agreement is
for another twenty years beginning September 1, 2016, and ending August 31, 2036,
and is attached in legislative format showing proposed changes. The MUSD Board
approved the License Agreement at its June 21, 2016 meeting.
STAFF RECOMMENDATION
Authorize Mayor Parvin to execute the License Agreement between the City of
Moorpark and Moorpark Unified School District for a term of twenty years beginning
September 1, 2016, to August 31, 2036, subject to final language approval by the City
Manager.
Attachment: 1) License Agreement with Exhibit "1" in legislative format
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ATTACHMENT 1
LICENSE AGREEMENT
This Agreement is made this day of March , 19972016, 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 (AVCP) 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 ccrtain acts
upon the Assoc.., Road
WHEREAS, on March 21 , 1997, City and MUSD entered into a License
Agreement for MUSD to use the Access Road consistent with the terms and conditions
of said Agreement for the period of:twenty (20) years beginning September 1, 1996,
and ending on August 31, 2016; and
WHEREAS, in 2001, City and MUSD approved Amendment No. 1 to the
License Agreement revising Sections 1., 3., and 5A; revisions 1 . and 3. are
incorporated in the License Agreement, and Section 5.A. is no longer applicable
because the work contemplated by 5.A. has been completed; and
WHEREAS, on March 10;2010,City issued Encroachment Permit No.
10-3599 (Permit) to allow MUSD to construct a bus turn out on the south side of the
Access Road, and MUSD constructed the bus turn out consistent with said Permit; and
:WHEREAS, MUSD, consistent with Section 5. of the March 21, 1997,
License Agreement, constructed certain drainage improvements, and location of said
improvements are described on the plan attached as Exhibit "1"; and
WHEREAS, MUSD desires to obtain permission to perform certain acts
upon the Access Road and to maintain a storm drain pipe on a portion of AVCP.
NOW, THEREFORE, it is agreed as follows:
1. City hereby grants to MUSD a license to maintain a storm drain
located on a portion of AVCP at a location as depicted on attached Exhibit "1" and to
use the Access Road for ingress to, and egress from, the Moorpark High School,
including the stadium, south of the Access Road ("MHS""Stadium"), and any parking
lots north of the Access Road ("Parking Lots"). Not more than a total of tae-three (3)
parking lot driveways shall be permitted regardless of the total number of Parking Lots;
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the location of the driveways shall be mutually agreed upon by the parties. This license
is limited to the days and operating hours that • • : - - - - • - -
AVCP 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-MHS or Parking Lots.
et-the-Access-Read, 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 Rack
AVCP or on days Park AVCP is not open to the public.'On said days, MUSD shall be
responsible to lock the Gate (and open Gate if Park AVCP"is not open to the public).
MUSD shall provide City a 24 hour emergency phone number pager number of
MUSD personnel responsible 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:f'o'rce account or:by City's
authorized contractor. Repairs and-maintenance shalhirclude, but not te'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 maintenance costs are the direct costs for
plans and specifications,labor,.and materials,and'th'e'actual fees for plan checks,
permits, and inspections plus administrative,'overhead irran 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.paymentin to City of its:,share of said repair and maintenance
costs within the-thirty (30) days aftfull, er delivery of the itemized statement.
MUSD at its sole^cost shall be responsible to replace, maintain and
repair(Maintain)the swale, catch basin, manhole pipe to pipe, storm drain pipe related
appurtenances, and,National'Oollutant Discharge Elimination System (NPDES) devices
including but not limited to a:bioswale (collectively MUSD Storm Drainage System) on
its property as depicted on Exhibit "1".
MUSD at its sole cost shall be responsible to Maintain
approximately one hundred fifteen (115) feet of storm drain pipe, manhole pipe to pipe
mainline and related appurtenances (collectively Storm Drain Facilities) on AVCP
property as depicted on Exhibit "1". MUSD shall obtain prior written approval from the
City Manager or his/her designee prior to performing any maintenance work on AVCP
property. MUSD shall reimburse City for any third party out-of-pocket costs (out-of-
pocket costs) plus administrative overhead in an amount not to exceed twenty percent
(20%) of the total amount of said out-of-pocket costs related to MUSD work to Maintain
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Storm Drain Facilities. MUSD shall make payment in full to City within thirty (30) days
after delivery of an itemized statement of costs.
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)'theuse of the
Access Road by any person whomsoever in connection with any event held at MHS the
- . e.- - - - - • - - • • - e - _ ® .in connection with the use of any
of the Parking Lots, except when thereiis-a City sponsored event at MHS or the Parking
Lots are being used in conjunction with a Cray;sponsored event the Stadiumjii)the
use of the Access Road by any person;whomsoever in connection with any event held
in the Arroyo Vista Community Park under the spoansorship of:;MUSD; and (iii)
maintenance of Storm;,Drain.Facilities at AVCP,+sand `maintenance of MUSD Storm
Drainage System as°depicted'on:attached Exhibit 1 '., ,
4: MUSD shall be responsible to inform third party users of MHS
facilities of the parking regulations on the Access Road including but not limited to
oversized vehicle parking (as defined in the California Vehicle Code) inclusive of school
and charter buses use of bus`tum out, and time restrictions.
5. Prior to August 31, 1007, District shall, at its solo cost, construct
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• e. e. • - - - -
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56. Either party may give notice to the%other party of any default under
this Agreement. In the event that the,party in defaultlails 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.
ii i
67. Thelicense granted-herein rs'personal tofMUSD and shall not be
assigned. Any attempt to assign the license or allow use of the Access Road for other
I than ingress to, and egress from, the- MHS and'Parking Lots shall automatically
terminate the license. No legaltitle or leasehold interest in the Access Road is created
or vested in MUSD by the grant of the license.,
76. This Agreement shall be,in effect for twenty (20) years beginning
on September 1, 49962016, and'ending on August 31, 203646, unless sooner
terminated. MUSD shall not terminate this Agreement except as provided in paragraph
6.
89. 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 the party for whom intended
as follows:
TO: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
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TO: Moorpark Unified School District
30 Flory Avcnuc5297 Maureen Lane
Moorpark, CA 93021
Attn: District Superintendent
Either party may, from time to time, by written notice 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.
910. 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-emerged-11erei-n superseded. 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.
101-. 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.
112. 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.
123. 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
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LICENSOR LICENSEE
Mayor President
City of Moorpark Moorpark Unified School District
Attest: Attest:
City Clerk Secretary
M:1ICITYMGR\MUSD-CITY License Agreement-AVCP Access Road 2016 0606 - Draft.doc
6: • - • - - - -=
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