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Home My WebLink AboutMINUTES - 08072001 - C.34 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: August 7, 2001 SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a license agreement between Contra Costa County and the San Ramon Valley Unified School District to reimburse the school district for Phase II construction expenses for the Rancho Romero School Park in the amount of$440,000 and AUTHORIZE an additional $5,000 per year reimbursement for extraordinary maintenance expenses, effective July 1, 2001 through June 30, 2026, Alamo area. Project No. 7758-6X5031 SPECIFIC REQUEST(S)OR RI COMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a license agreement between Contra Costa County and the San Ramon Valley Unified School District (District) to reimburse the school district for Phase II construction expenses in the amount of $440,000, effective July 1, 2001 through June 30, 2026, and AUTHORIZE an additional $5,000 per year reimbursement for extraordinary maintenance expenses as recommended by the County Service Area R-7A (CSA R-7A) Alamo Advisory Committee. II. Financial Impact: There is no financial impact. Project and maintenance is funded by CSA R-7A funds 100%. Continued on Attachment: K SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON August 7 , 2001APPROVED AS RECOMMENDEDxx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken and XX UNANIMOUS(ABSENT ) entered on the minutes of the Board of Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: SEA ATTESTED: August 071 2001 G:'•.GipDatat.SpDist`1l3oard Ordcrs`:2001`()8 August`•GOs for 8-7-01.doc JOHN SWEETEN,Clerk of the Board of Supervisors and County Ori,..Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) Administrator cc: County Administrator Assessor Auditor-Controller Community Development By County Counsel San Ramon Valley Unified School District Deputy SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a license agreement between Contra Costa County and the San Ramon Valley Unified School District to reimburse the school district for Phase 11 construction expenses for the Rancho Romero School e Park in the amount of$440,000 and AUTHORIZE an additional $5,000 per year reimbursement for extraordinary maintenance expenses, effective July 1, 2001 through June 30, 2026, Alamo area. Project No. 7758-6X5031 DATE: August 7, 2001 PAGE 2 III. Reasons for Recommendations and Background: CSA R-7A has worked with the District to develop more recreation and park opportunities for the Alamo community. In 2000, David Gates and Associates was retained by the community and the District to design Phase II of the park, ballfield and related facilities at the Rancho Romero School. Both the School Board and CSA R-7A have approved the joint development of the ballfield at the Rancho Romero School. The license agreement will provide for reimbursement of$440,000 of District costs of the park improvements and subsequent use of the 2.5-acre site. The agreement provides $5,000 annually be allocated to reimburse the District for extraordinary maintenance expenses. The renovation includes new play equipment, picnic area, hard court, parking area and restroom facilities. IV. Consequences of Negative Action: The District will not be reimbursed for the Phase II development expenses, nor the maintenance costs. LICENSE TABLE OF CONTENTS SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT TO CONTRA COSTA COUNTY FOR RANCHO ROMERO SCHOOL PARK PHASE II IMPROVEMENTS 180 HEMME AVENUE ALAMO, CALIFORNIA Title Page 1. PURPOSE AND BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. LICENSE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 1 4. CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6. MAINTENANCE AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. USE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9. ALTERATIONS, FIXTURES, AND SIGNS . . . . . . . . . . . . . . . . . . . . . . . . 3 10. DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 3 11. DEFAULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. SURRENDER OF PREMISES . :.; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 13. STANDARD AND SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . 4 A. SUCCESSORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. COUNTY/DISTRICT EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. CANCELLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 5 G. AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 H. WRITTEN AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. TIME IS OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 J. NOTICES . . . . . . . . . . . . . . : . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . 6 K. HOLDING OVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 L. NO THIRD-PARTY BENEFICIARIES . . . . . . . . . 6 14. SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - EXHIBIT A: PREMISES EXHIBIT B: COST ESTIMATES LICENSE Rancho Romero School Park Phase H Improvements 180 Hemme Avenue Alamo, California Effective on , the SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT,a political subdivision of the State of California,hereinafter called"DISTRICT,"and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, on behalf of County Service Area R-7A,hereinafter called"COUNTY,"mutually agree and promise as follows: 1. PURPOSE AND BACKGROUND: The purpose of this LICENSE is to provide for recreational use of the Rancho Romero School Park by the COUNTY. 2. LICENSE OF PREMISES: DISTRICT, for the consideration set forth below, hereby licenses to COUNTY those certain premises ("Premises") described as follows: A portion of the Rancho Romero School,herein known as the Rancho Romero,School Park at 180 Hemme Avenue, Alamo, more particularly described in Exhibit A attached hereto and made a part hereof. 3. TERM: The term.of this License shall be'twenty-fiv2(25)years,commencing July 1,2001,and ending June 30, 2026. 4. CONSIDERATION: In consideration for this License, the right of the general public to use the Premises, and the substantial improvements made to the,Premises by DISTRICT, in addition to the other obligations contained herein,COUNTY shall reimburse DISTRICT an estimated total amount of $440,000.00, which shall be derived solely from County Service Area R-7A and Park Dedication funds, for the applicable improvements listed under Exhibit A and Exhibit B attached hereto and made apart hereof.. 5. PAYMENT: DISTRICT shall require all contractors performing work on this project to submit separate billings for each individual improvement item. DISTRICT shall forward copies of applicable billings :to COUNTY for:.reimbursement of improvement-items funded by -COUNTY..- COUNTY shall reimburse DISTRICT within thirty(30) days of receipt of forwarded billings. Exhibit A and Exhibit B.detail funding responsibility of all improvement items. 1 6. MAINTENANCE AND REPAIRS: A. DISTRICT shall maintain the Premises, including but not limited to, the landscaping, irrigation system, any utility systems, play structures,play areas,picnic tables,benches, restroom,hardcourt,parking lot,and access facilities,in good order,condition,and repair and in full accordance with all applicable laws,codes,and regulations. COUNTY may,at its sole discretion, reimburse DISTRICT for actual expenses not to exceed $5,000.00 annually for maintenance above and beyond the level normally provided by DISTRICT ("Reimbursed Maintenance"). The expense limit of$5,000.00 shall be adjusted annually based on the U. S. Department of Labor, Bureau of Labor Statistics Consumers Price Index,All Items Index, San Francisco—Oakland—San Jose Area,All Urban Consumers, or the most closely applicable index if said index is no longer published. Prior to performing any maintenance that might be Reimbursed Maintenance, DISTRICT shall obtain both COUNTY Public Works Department's and the County Service Area R-7A's written approval on the scope, term, and cost of that Reimbursed Maintenance. After acceptance of the Reimbursed Maintenance,COUNTY skull pay to DISTRICT within 30 days of being requested to do so by DISTRICT, the approved cost of the Reimbursed Maintenance. B. DISTRICT shall provide janitorial services to the Premises as needed. The restroom shall be cleaned at least twice weekly. C. Notwithstanding subsection 6.A above, COUNTY shall be responsible for repair of damage caused by its officials, employees, or agents. D. DISTRICT shall be responsible forRproviding weekly landscape maintenance. The DISTRICT shall monitor landscaped areas and ensure site protection from overuse,allowing field areas time to recover when necessary. All landscaped areas shall be maintained in a healthy and vigorous growing condition at all times. Recovery time is defined as a period with minimal or no use until the landscaped area returns to a healthy and vigorous growing condition. E. DISTRICT shall be responsible for the correction of any code violations that may exist now or in the future on the Premises, except that COUNTY shall be responsible for the correction of any code violations on the Premises resulting from work performed on the Premises by COUNTY or its officials, employees, or agents. 7. UTILITIES: DISTRICT shall pay for all gas,electric,water,sewer,and refuse collection services provided to the Premises. 2 8. USE OF PREMISES: DISTRICT shall have exclusive use of the Premises while the Rancho Romero School is in session and for school related activities on weekends and holidays,and the general public may use the premises on a non-exclusive basis at all other times provided that the Premises shall be used by COUNTY only for park and recreational purposes. DISTRICT shall be responsible for scheduling specific days and times for the use of the Premises, for setting fees to the extent provided by law and subject to COUNTY approval, which shall not be unreasonably withheld,and for collecting fees therefor,if any. DISTRICT shall retain all use fees generated by the Premises for maintenance and provide COUNTY with an annual report of fees collected and expended. All facilities used under this License shall be available to all persons regardless of age, sex, race, religion, color, national origin, or ethnic background. 9. ALTERATIONS, FIXTURES, AND SIGNS: Upon written consent of DISTRICT, which consent shall not be unreasonably withheld, COUNTY may make any minor alterations and attach fixtures and signs in, to, or upon the Premises, which shall remain COUNTY property and may be removed there from by COUNTY at any time prior to or at the termination of this License. All signs shall conform to existing code requirements. Any such alterations, fixtures, or signs shall be at COUNTY'S sole cost and expense. 10. DESTRUCTION: Total destruction of the Premises shall terminate this License. DISTRICT shall inform COUNTY of any intended willful destruction of any or all of the Premises and both parties shall mutually agree in writing to said destruction and to any associated replacement or compensation. V 11. DEFAULTS: In the event of either party's(Responsible Party)failure to provide services or work set forth in this License, the other party(Nonresponsible Party) shall give the Responsible Party written notice of such services or work to be done,including a reasonable time to complete the work or services. If the Responsible Party has not made a substantial effort to provide said services or work within the time specified in the notice, the Nonresponsible Party may provide said services or work at the expense of the Responsible Party. The Responsible Party shall reimburse the Nonresponsible Party for said expense within thirty(30)days of being requested to do-so. 3 ' It is understood and agreed by both parties that this License may be terminated for a default that remains unresolved following the notice process set forth above. .12. SURRENDER OF PREMISES: On the last day of the said term, or sooner termination of this License, COUNTY shall peaceably and quietly leave and surrender to DISTRICT these Premises(except for signs and fixtures as set forth above). 13. STANDARD AND SPECIAL PROVISIONS: A. SUCCESSORS : The terms and provisions of this License shall extend to and be binding upon and inure to the benefit of the successors of the respective parties hereto. B. SEVERABILITY: In the event that any provision of this License is held to be invalid by any court of competent jurisdiction, the. invalidity of any such provision shall not materially prejudice either COUNTY or DISTRICT in its respective rights and obligations contained in the valid provisions of this License. C. COUNTY/DISTRICT EMPLOYEES:Nothing in this License shall be construed as an attempt to displace COUNTY or DISTRICT employees. It is the intent of COUNTY and DISTRICT to utilize a combination of existing in-house maintenance personnel and contract services to perform all work necessary to maintain service levels at the Premises covered by this License. D. CANCELLATION: Either party sh;�jl have the right to cancel this License by giving the other party one hundred eighty (180) days prior written notice. If DISTRICT initiates cancellation, DISTRICT shall pay COUNTY reimbursement compensation for early cancellation of this License prior to June 30,2026. Reimbursement compensation shall be based upon the total COUNTY contribution divided by the twenty-five(25)year term of this License prorated for the remaining balance of the term effective the first day of cancellation. If COUNTY initiates cancellation, COUNTY forfeits any reimbursement compensation from DISTRICT. E. HOLD HARMLESS: COUNTY shall defend,indemnify,and hold harmless DISTRICT from COUNTY'S share of any and.all claims,costs,and liability for any damages,injury, or death of or to any person or the property'of any person, including attorney's fees, arising out of negligent or intentional acts, errors,or omissions of COUNTY, its officers or employees. 4 DISTRICT shall defend, indemnify, and hold harmless COUNTY from DISTRICT'S share of any and all claims, costs, and liability for any damages, injury, or death of any person or the property of any person,including attorney's fees,arising out of the negligent or intentional acts, errors, or omissions of DISTRICT, its officers or employees. DISTRICT agrees to accept any known or unknown defects of the concerned property and hold COUNTY harmless during the term of this agreement. F. INSURANCE: DISTRICT shall maintain property and liability insurance for the school park and will name COUNTY as additional insured with limits not less than $1,000,000.00. DISTRICT is allowed to self-insure with equivalent coverage. COUNTY is self-insured for liability with a$1,000,000.00 self-insured retention. COUNTY agrees to name DISTRICT as additional insured under COUNTY'S self.-insured retention as it relates to the terms and conditions of this agreement. G. AMENDMENTS: This License may be amended by the written consent of both parties at any time. H. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this License. All previous conversations, negotiations, and understandings are of no further force or effect. The headings of the paragraphs are for convenience only and are not parts of this License, nor shall they be considered.-in construing the intent of this License. I. TIME IS OF THE ESSENCE: Time is of the essence for each and all of the terms and provisions of this License. 5 J. NOTICES: All notices given.under this License shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mai 1 with postage prepaid, certified, return receipt requested, and addressed to the other party as follows, or as otherwise designated by written notice, hereunder from time to time: To DISTRICT: San Ramon Valley Unified School District Attention: Superintendent 699 Old Orchard Drive Danville, CA 94526 To COUNTY: Contra Costa County Public Works Department Attention: P.W. Accounting 255 Glacier Drive Martinez, CA 94553 K. HOLDING OVER: Any holding over after the term of this License as set forth above shall be construed to be a License from month to month, subject to the terms of this License so far as applicable. L. NO THIRD-PARTY BENEFICIARIES: It is not the intention of either COUNTY or DISTRICT that any person or entity occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this License. 6 14. SIGNATURE BLOCK COUNTY DISTRICT COUNTY OF CONTRA COSTA, a political SAN RAMON VALLEY UNIFIED SCHOOL subdivision of the State of California DISTRICT,a political subdivision of the State of California RECOMMENDED FOR APPROVAL: By By Chair, County Service Area R-7A Superintendent (Alamo Parks &Recreation Committee) Dated Dated ,Q By CBy Director,fuic Works Department Assistant Superintendent Dated a Dated APPROVED AS TO FORM: By SILVAj NNO MARCCHESI, County Counsel President, School Board By 1- /, Dated Deputy .T 25 ja Dated APPROVED BY BOARD OF SUPERVISORS: By C airperson ounty Boa o Supervisors Dated EXHIBITS EXHIBIT A: Premises EXHIBIT B: Cost Estimates DEsd - GAGrpData\SpDist\David\A1amo CSA R-7A\Rancho Romcro Phase 11 Licesc Agreemcnt.doc 7/24/01 7 : ¢ FXT.TBIT A r' h._ �c w Owe �. oet if ul '.� j t(((j / it ,! �':�•.' 1 _-� _ a i . Rancho Romero School/Park Project Phase 11 Exhibit B Project Component: Other Bid +costs Proj. Costs Total Public Works: Est. Costs Hemme widening $112,470 $112,470 (Dist.to pay excess of$80,000) RM Rear parking $127,269 Lower play area; $193,166 picnic area; and swing area Hard court area-asphalt $22,000 bid cost only Hard court area-grading $7,000 bid cost less$17,000 Play equipment $38,000 Restroom $13,371 $40,000 Total R7-A $362,806 $78,000 $440,806 (contract commitment=$440,000) District: Upper play area ($76,769 spent in 2000-01) Front parking and $201,897 rear access Hard court area-remainder $70,821 Tree removal $10,250 Elect. Hookup $14,575 Barn demo& Fence/gate $66,806 Total District $272,718 $91,631 $364,349