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HomeMy WebLinkAboutAGENDA REPORT 1996 1120 CC REG ITEM 07EAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Steven Kueny, City Manager -_ 1L DATE: November 13, 1996 (CC Meeting of November 20, 1996) SUBJECT: Consider License Agreement with Moorpark Unified School District for Use of Arroyo Vista Community Park Access Road BACKGROUND: For about two years, the City and District have discussed the subject License Agreement. The License Agreement will grant use of the Access Road to the District under conditions specified in the License Agreement. The District will reimburse the City for one -third (1/3) of the maintenance and repair costs for the Access Road. DISCUSSION: The City and District have agreed to the language as contained in the attached License Agreement except for paragraph 5. City and District staff recently met and determined that the referenced swale does not need to be connected to the pipe culvert. Paragraph 5 will be modified to reference District construction of a drainage Swale, drain inlet, and drain lateral to connect to the park storm drain at District expense. Staff recommends approval of the License Agreement subject to final language approval of the City Attorney and City Manager. STAFF RECOMMENDATION: Approve the License Agreement and authorize the Mayor to sign on behalf of the City subject to final language approval of the City Attorney and City Manager. SK:db Attachment: License Agreement c: \ccagenda \avcpmusd.agr OW )"M This Agreement is made this day of September, 1996, by and between the City of Moorpark, a municipal corporation, as Licensor ( "City ") and the Moorpark Unified School District, a 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 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 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 OW0174 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. At its sole cost, MUSD shall construct or cause construction of a concrete swale, as shown on Sheet C -3 of the Moorpark High School Phase 3 & 4 N.W. Paving, Grading and Drainage Plans dated 7/7/89 and prepared by John Sepich Asso- ciates (hereinafter "the Plans ") and with a concrete extension of the swale from the southern terminus shown on the Plans approxi- mately one hundred and fifty (150) feet westerly to the existing pipe culvert under the Access Road. On or before December 31, 1996, MUSD shall complete the swale and shall deliver notice thereof to City. At its sole cost, MUSD shall permanently maintain the swale in good working condition. -2- VWOV3 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 , 1996 and ending on , 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 the party for whom intended as follows: TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager TO: Moorpark Unified School District 30 Flory Avenue Moorpark, CA 93021 Attn: 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. 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 -3- oovo ?i 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. LICENSOR LICENSEE Mayor, City of Moorpark President, Moorpark Unified School District Attest: City Clerk c: \wpwin \citymgr \musd1isn.ag3 —4— Attest: Secretary (Aj."Oft