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HomeMy WebLinkAboutStaff Report 4.A 05/16/2005CITY OF PETALUMA, CALIFORNIA AGENDA BILL 1, May 16, 2005 Agenda Title: Resolution Approving Joint Powers Agreement with Meeting Date: Mav 16.2005 the Santa Rosa Junior College District Regarding the Use of the Gatti Park site. Meeting Time: ® 3:00 PM ❑ 7:00 PM Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business ❑ Unfinished Business ❑ Presentation Denartment: Dir ct ontact Person: Phone Number: Jim Jim Carr (707) 778-4380 Parks and Recreation Cost of Proposal: $255,000 Account Number: N/A Amount Budgeted: N/A Name of Fund: Donations Attachments to Agenda Packet Item: a. Shared Cost Analysis b. Draft Agreement regarding the use of the Gatti park site by the Santa Rosa Junior College District. c. Site plan of the Gatti park site. d. Resolution Summary Statement: The seven acre Gatti park site was financed using three mechanisms: the Cross Creek Developer is required to construct a youth baseball and a youth softball field; the Junior College District was proposing to provide state bond initiative funding for construction of the tennis and basketball courts; park development funds would make up the balance of funding required to construct the park The proposed agreement with the Junior College District specifies funding for the City for the park construction, and provides times of use of park facilities for Junior College District classes. Recommended Citv Council Action/Suggested Motion: The Recreation, Music and Parks Commission recommend approval of the proposed resolution, Reviewed E:T r: Reviewed by City Attornev: Aonr v�v City Manager: 10 Date: Date: odav's Date: Revision # and Date Revised: File Code: r 2 CITY OF PETALUMA, CALIFORNIA 3 May 16, 2005 4 AGENDA REPORT 5 FOR 6 Shared Use Agreement for the Gatti Park Site with the 7 Santa Rosa Junior College District 8 9 1. EXECUTIVE SUMMARY: 10 The seven acre Gatti park site was financed through three mechanisms: 11 1. The Cross Creek Developer was required to construct a youth baseball and youth softball 12 field at a location chosen by the City. 13 2. The Petaluma Junior College District proposed using funds from a recently approved 14 State -Wide Junior College Bond Initiative for development of a portion of the park, with an 15 agreement allowing them to use the park during the school day. 16 3, Park Development Funds make up the difference. 17 18 The proposed agenda item is for approval of an agreement with the Santa Rosa Junior College to use 19 the sports components of the Gatti park site during their school year. 20 21 2. BACKGROUND: 22 23 The City of Petaluma purchased the 7 -acre Gatti park site at the time the area around the Park Way 24 Plaza started to be developed. In July of 2003 the Recreation, Music and Parks Commission hosted 25 the first of several meetings to receive public input regarding the design for the proposed park. The 26 firm of Gretchen Stranzl McCann Landscape Architects of Napa, was hired to take the public and 27 staff input and designs the park. In order for the park to be funded, the City Council used Public 28 Facilities Development Fees to pay off the Petaluma Community Center Debt Service, thus freeing 29 up Park Development Fees which could be used for the proposed park. In addition to the park fees, 30 two other sources of funding were identified in order to build the park as designed. The Cross Creek 31 Subdivision was constructed adjacent to the Urban Separator north of Casa Grande Road. As part of 32 the development agreement, the developer, Delco Builders was required to construct a youth 33 baseball field and a youth softball field at a location of the City's choosing. The City chose the Gatti 34 park site for the two fields. 35 A third funding source that emerged, enabling the park to be constructed was the Santa Rosa Junior 36 College District, Doug Garrison, Vice President and Executive Dean and his staff proposed 37 participating in the construction of the proposed park. The Junior College District had funding 38 available for capital construction through a recently approved state wide Junior College Bond 39 Initiative. Following discussions and negotiations, the Junior College District paid for the 40 construction of the four tennis courts and two basketball courts. (See attachment "A," the shared cost 41 analysis prepared by project architect Gretchen Stranzi McCann's office) 42 The joint use agreement with the Junior College would allow them to use the sports facilities which 43 are a part of the Gatti park site during the school year. Specifically, the areas that would be used are: 44 45 Tennis courts 46 During the school year 47 Between the hours of 8:00 am and 2:00 pm, Monday, Wednesday, Friday. 48 During Summer: 49 Between the hours of 8:00 am and 1:00 pm, Monday, Wednesday, Friday. 50 10 2 Basketball and Turf Facilities 3 During the school year: 4 Between the hours of 8:00 am and 2:00 pm, Monday through Friday. 5 During Summer: Between the hours of 8:00 am and 1:00 pm, Monday, Wednesday, Friday. 8 The Junior College would submit a schedule of uses 60 days prior to their class 9 commencement date. If the College should not need reserved times due to a lack of enrollment, they 10 would notify the City, with the result that the times would be open for general public use. 1 I The majority of students participating in the Junior College classes are Petaluma residents. The 12 proposed use would therefore help to maximize use of the facility by Petaluma residents. 13 Typically, use patterns would be as follows: commuters and early morning workers can use the 14 courts early in the morning before work. SRJC classes will take place in the late morning when 15 court use is typically at a minimum. Parks and Recreation classes for youth and public play 16 will take place in the afternoon, and some Parks and Recreation classes and public play in the 17 evening. Weekends may have some round-robin classes in the morning, but the courts are typically 18 open for public play. 19 As part of the reciprocal arrangement, the City would have access to the Junior College Field House 20 which will be constructed as a part of the expanded campus. 21 By its nature as a community park, all park facilities would be available to the community, other 22 than those facilities and hours specified in the agreement. 23 24 The agreement is for a period of 25 years. As their share of the park construction, the Junior College 25 District will pay an amount of $255,000. 26 27 At their April 20, 2005 meeting, the Recreation, Music and Parks Commission reviewed the 28 proposed agreement and unanimously recommended that the City Council approve the agreement. 29 30 3. ALTERNATIVEs: 31 a. Approve the Agreement as recommended. 32 b. Reduce the amount of park use allowed the Junior College. This option is not recommended. 33 Staff and School District personnel, when negotiating the use times, tried to weigh school needs 34 and the typical teaching schedule versus early and late morning use by residents. 35 36 37 4. FINANCIAL IMPAcrs: 38 The Junior College School District will pay an amount of $255,000 towards park construction. The 39 cost of the park is $2,875,000. 40 The City will be responsible for day to day maintenance, but the School will be responsible for their 41 own direct program costs and cleanup. This is a typical arrangement between Municipalities and 42 School Districts to maximize the development and use of public resources. 43 44 5. CONCLUSION: 45 The joint effort to finance, construct and jointly use the Gatti park site provides a great community 46 resource. The City and local Petaluma school districts have a long history over the years of 47 establishing partnerships where development and joint use of public facilities benefits the 48 community over the years. The Gatti park site project is another such positive endeavor. 49 50 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR 51 COMPLETION: CJ I Conduct an annual review between staff and Junior College representatives to review the prior year's 2 activities and determine if any changes are needed to improve the working arrangement. 4 7. REcomAmNDATIom 5 The Recreation, Music and Parks Commission recommend approval of the proposed agreement. 6 8 9 g:/farms/2003 agenda hill 10 11 12 Gatti Park Petaluma, California SHARED COST ANALYSIS May 21, 2004 I Item rTptal-Bid =Amount :City of Petaluma I 1 MOBILIZATION.AND_SECURIN_FENCING $ 120,000'_ Q I 2_ CLEAR ING,.GRUB81NG.'ANb.DEMOLITION ; $ 10;000:00 . $ 10,OD.DS00 3. STRIPP_ING:INCLUDINGisT.ocK?ILING $ 11 BD0`F00- $ 11-,, M.00 4- CONSTRUdTIOWSTAKING $ - 141500;00- -$ '7;83000,' I 5" EARTHWORK:CUT/PILL$ 41',400';0.0 $ 41',400.00 SUBGRADE PREPARATION PER GEOTECHNICAL e. REPORT $_ 146,147.00 ,$ 146,142.00 7- EROSION CONTROL - ,$ _ 25,000!00_ ! $ _ 25,000Q7. B 3" A&ON 8" CL 11AB'DRIVEWAY-AREAS (PA-__ 31.3800.2$K 3T.360.00- 9 STOP -SIGNS 10 REGUL•ATORYSIGNS _3.00:0.0_L$:_. 11` TRAFFIC STRIPING - L$ 1,800.00'-:.$ 1,800.00' 12 TRAFFIC CONTROL $ 1,000.00' L$ _ 1,000.0_ 113 STANDARD CATCH BASINS .$ - 3,200.00 . L$ -3,200;00' 1 14 STANDARD CURB -AND 24" GUTTER $ 16,558:00 ..$- _ 16,558100 1 115 6"THICKDRIVEWAY APRONS $ 1:,37"6-..00-t$ 1,032.001 1 16 UNDER_SIDEWALK-DRAINS $ 800.00_ $ 800,001 i 17 STORMDRAIN-CLEANOUTS $ 870;00' $' 870.001 1 te_ DROP INLETS $'- 27,750:00 _$ 27,750.00.1 1 19' AREAVRAINSI.PAD DRAINS _$. 10.,585;0.0:.:.$ _ 10,585;00.1 1 20 16' HDPE STORM DRAIN $ 3',612:00, I $' _3',61:7.00_1 1 21 18" HDPE 'STORM DRAIN, $ . .45',870:.00::.$. 45,870.00' 1. 1 22110" HDPESTORM'DRAIN $ 14,375.00'?$. 14;375.00_. 1 23 112" HDPE STORM:DRAIN $ 10,656:00- �5 1.0,656.00' 1 24 115" HDPE STORM -DRAIN $7 6,604:00= ' 6,604.001+ 1 25 ITRENCHDRAINs." 20,832,00-,$. 20,832.00-1. 1 26'_1CONNECS-TO-EXISTING'STORM DRAIN. .:- .-`_$ - _280,00--;$ 280.001' 1 27-1SANITARYSEWER -CLEANOUT.S 1-,;230.00= $ - 1',230.00-I- 128''4`PVC'SANITA'RY_SEWER 19',278.00- 19,278:•001 129 CONNECT16R.TO_EXISTING-SEWER_MAIN- s$ '400`:00'=$'- 400,00-1, 13D, h" WATER MAIN _. - " . _ '$ - 3,546i0__6.$ ' 3,54.0.00 I /_ hL4yf1 /LI.Q w rcentl Delco -Builders$ Percent Santa Rosa JC I Percent 840/61 $19;200 16% 100%1 100%I 54%l,$ 6,670.001 469/6 100%1 — 1 100%I 100%1' 100%1 100°5°1 100%1. 1'00%1 1.00%11: 100%11. 100%11. 75%11$ 100%11 100%11 100%11 100%11 .100%11 100%11 100%11 .100%11 100%11; 100%11; 100%11: 100%11 100°/x'1+' 100%11- 100%14 344.00 Gatti Park Page 1 of 4 Shared Cost Analysis Q Item Total Bid Amduntj City of PetalumaJ-Parc_enfl Delco-Builders,{ PercentiI.3anta Rosa JC {Percents 31 2 WATER MAIN $ 5,970:004 -'$- 5;970_00»{ 0 32 6' WATER.MAIN $ 3,5201M$- " 3,520 Q0rl 1AoRl-- - f — 33 GATE VALVE $ 4;5'50:00: =$ 400'00:J 100°/0 41 - { 34 1.1/2" WATER METER AND CONNECTION FEES (NIC) 35 3" WATER:METER AND CONNECTION FEES (NIC) 36- FIRE STANDPIPES (2"RISER) ,'$ .1;260100.'jps$ 1;260:0011 --1'.00°!oj— 37 PRIMARY POSE SERVICE $ '1;680!004-11 __ •..1;68010011-.:1'00°Jo _. --.. _ -- {. -- -- 38- PG&E TRANSFORMER PAD $ 1,0AO10q $ :,`3.,040;.0011-- aoo�io-- 39 MAIN SWITCHBOARD ASSEMBLY $ ,4,000?00.`. '$ _ • _4;0.00:00 ;{ _ 1DD%l-- 40 BRANCH PANELBOARD $ 4;000,00:.:$ - 4„00.0;00.il- 1'an",I_ 41 LIGHTING'CONTROLS CABINET $ 4.000:00;J__$_ _ ..41-000:00;. 42 FIXTURE TYPE'A' $ 43j=0.11.$__ 100°!0'.1 _ 43 FIXTURETYPE'Al' $ • 10.80 ;0(0.0.; -$ _-.10,SOOi00_,�_. 1009/0,_., . _;� { 44 FIXTURETYPE'B' $ _ 2;148:00,1._$- __ _ 2;9:48'.00.'{_ 1.00910'1_ { 45 FIXTURETYPE'C' $ 4;20010.0 _$ _. 4,`20,(_ 0!00. A00%lit_ {. 46 FIXTURETYPE'Cl' $ 2500401 _$ 21,500?00.1)-. 100?161.- :I 47 ,FIXTURETYPE'D' $ 57,800!00.' '$ 57;800.00.-.{- 100%1- 00% _48 48 FIXTURE TYPE'E' $ 768!00 - -$ 768;00 ;1 1'00%1 49 (RECEPTACLES WP/GFI $ 6,953cQ0.. _$ 6,953.0.01100%1- 50 ISPORTS LIGHTING CONTROL STATION I 6,000.400; '$ 6,00'0!0.0 1005/,.l 51 BRANCH CIRCUITPULLBOXES- $ 3,200:00.1_'$ 3,200:00. __.IondJ._ {) 52.RESTROOM-BUILDING CONNECTION _ $ - 2,200:00 :$". .r 2;20.0:00{ 100°!d+{__. -- _ -- -- -- 53 PANELBOARD'B' FEEDER _ $ 6;2000, $ - 6;290!00_f 100%I1. _ - -- -- -- 54 CIRCUIT $ 60,600:00 "$ 60,600.00 { 1"00%1 55 JBRANCH RELOCATE.EXISTINGSTREETLIGHT $ 1,800.00'-$ 1-;800.00{ 100%[1- 56 TELEPHONE SERVICE DUCT $ 1,500;00; ;$ '1,50090 { :: = 57 f PEDESTRIAN CONCRETE PAVEMENT t $ 861800.00 $- 86,800:00 {- 100%j 58 VEHICULAR CONCRETE PAVEMENT i $178;969- $178;969 100%I 59 HANDICAP ACCESS RAMPS $2;880 : -$21680 100-- 60 BACKSTOPS $ 90,000:00= I,$" 9Q,QQ%.0:0 - 100%{{;," { 61 IDUGOUTS t'$ 20,800.00$ 20;800:0`0= 100%lI` 62 BULLPENS ( $ 21,200.00 -- ^- {� $ 21,200.00 { 100°/,{I — -- 63 I6' HIGH FIELD FENCE WITH CONCRETE HEADER $ 20,246.00 $ 20,246.00 { 100% 64 {INFIELD FINES $ 29,016.00 1$ 29,016.00 100%11 65 COURTS (DOUBLE) $ 189,400.00 1 — { — 1 $ 189,400,00 1 100% 66 (TENNIS BASKETBALL COURT $ 44,000.00 1 - 1 -- -- -- II $ 44,000.00 1 100% Gatti Park Page 2 of 4 Shared Cost Analysis Item 67 BASKETBALL POST, BACKSTOP, GOAL AND NET UNI 1 68 HOCKEY RINK 69 HOCKEY WALL AND FENCE 70 GATE AT HOCKEY RINK 1 71 MOISTURE CUT-OFF BARRIER 1 72 BOCCE COURTS (DOUBLE) 1 73 METAL EDGING 1 74 "RESIN PAVEMENT - 1 76 DEEPENED EDGEAT SIDEWALK. 1 75 DEEPENED' EDGE'AT BENCH `- - 1 77 CONCRETE HEADER AT PLAY -AREA 1 78 CONCRETE'HEADER AT SANDCPL'AY AREA " 79 RAMP AT PLAY AREA " 80 CASTLE WALL AT PLAY AREA 81 4' HIGH FENCE WITH CONCRETE HEADER AT PLAY AREA 82 PLAY EQUIPMENT 83 SAN D,SAFETYSURFACIN.GSECTION 84 WOOD FIBER_SAFETY_SURFACING'SECTION 65 - TRASH RECEPTACLE, 1 86. BBQ 187 ITRASH.ENCLOSURE , 88 DRINKING FOUNTAIN - - - 1 89: REMOVABLESOLLARD 90 PLAYERS BENCHES = 91OLEAdHERS� - 92,_ RESTROOM--BUILDING� 93* IRRIGATION -SYSTEM 194'138' BOXTREE " 1 95 124" BOXTREE . - - - -- 1 96 115 GALLON TREE 1 97 15 GALLON PLANTS 1 98 11 GALLON PLANTS I.99_1,CONCRETE TUM -HEADER 1 1001TURF INSTALLATION AND`SOIL PREPARATION Gatti Park Page 3 of 4 Shared Cost Analysis 'Santa Total Bid Amount City of Petaluma Percent Delco Builders Percen Rosa JC Percent T $ 7,600.00 $ 7,600,00 100%1 $ 23,000.00 $ 23,000.00 100% 1 $ 55,880.00 $ 55,680.00 100% I $ 932.00 $ 932.00 _ 100% — 1 $ 24,466.00 $ 12,233.00 1 50% I $ 12,233.00 50% $ 30,000.00 $ 30,000.00 100% -- -- $ 4,000,00 $ 4,000.00 100%1 $.. 70,720.0 $ 70,720.00.. 1.00P/°I. !$ 10;200;00" $` 10;200';00' 100%j' I 3,135:00- 100%1 I I $ .. 12, 1;0: -:.210;0, 100%10 I $ 4,256:06' i$ 4;256.00- 100%1 I i$ 4;860;00j ;$ 4,860:00 _ 1000/o1;, 1 $" 21-;28000;'$.— 21;280.900 100°/d ,$- 141450.,00; +$- 14,4,5.0:00' $. 235;8-Z%0.0; V$, .-235;829:00 100%1 1 1.,200.04 1000/' I $ 31,680.00 i$ 31,680.00 100%1; $ 32;088.00 t$, -' '32-,088:00' ' 100%',' 1 3,120_0D, .:$ , . .3,120.00 , 100%l . � $ - 18,3$1':00:'$- ':95(361'00:. 100%1 I $' 21308:00:;$ 24',3081.00 1000/dl' I 1 $' 7;260;00) ?$ 7,26000:1- 100%.: -'$ 7,.175,.00-1. -1000/61 -- 1 -- 6 8,280.00 1 100%1 1 1$: -116;000600 }$= 116;0'00:00-'1 100% — 1 1 -174,420:00 1 54% ;$ 148,580.00 469/u I$ 36,000:00'.',$' 36,000:001 100% -- 29,304:00- t $, 29',304.00'j 100% I $ 20;700;00; $ 20;700:00.1 100°/p . 1 "$ 8,825.00 i$ 8,825.001 100%1. — 1 ;$ 34';672;OOi 1$' 3 4;0 7,2 ;0 0 1 17 1wo01l $- 540.00-'$. 540.001. 100% 1 I I $ 91,20000`''-"$" '.28;272'.0.'1 31%1.$'` 6'2-'- 8.001 69%1 Page 3 of 4 Shared Cost Analysis -Item (MULCH -PLACEMENT (MATERIAL AND DELIVERY BY 101 CITY) 1 ADDITIONAL -90 DAY MAINTENANCE (BEYOND THE 30 102 DAYS, IN PROJECT) - 103' GEOTECHNICAL LABORATORY AND -FIELD TESTS - - 04 3" AC'ON G' CL II AB PARKING AREAS (PARKING LOT) 105 18";HDPE-S,TORM•DRAIN - - - 106. 4" HDPE_STOR%DRAIN - I-107 21/2AGAT6H_B6SIN - 108. eACKFLOW=PREVENTORS (22 -DOMESTIC, 4" IRRIGATION) - I109. GAZEBO _ TOTAL`.BASE-BID I I Deductive Alternate Item Total Bid.Amount City of Petaluma Percent Delco -Builders Percent Santa Rosa JC $ 5,760.00; _$ 5,760.00 100% $ 1:1-;000;00; ;$ 5,94000 -54% $ 5,060.00 46% ;$ -2,000:001'$ '2,000A0 100%° — I � 3/4 LB LAMPBLACKPER_CY OF CONCRETE INSTEAD OF I INTEGRAL COLORFOR ALL-SITE.CONCRETE =$ TOTAL"BASEGBID LESS D'EDU'CTIVEALTERNATE 41 i 1$ 2 GAZEBO - - - - --- - - "`.I$ TOTAL BASE�BIDiLESS-DEDUCTIVE-ALTEf NATES!91.2:I 3 FENCE AT HOCKEY WALL TOTAL BASE BID LESS -DEDUCT- E AL'7ERNAIES #1w3]; 4 GATE AT HOCKEY WALL,$ TOTAL BASE BID LESS.DEDUCTIVEALTERNATYI;$ Percent Percent Gatti Park Page 4 of 4 Shared Cost Analysis 18;042_00 100% 1:;71SOOg $— 1;715;00 1'00% I 3411-0=00;=$ '3;590:00- 100°Io . _ - 3;200= $- 3,200.00- - 1009% I 6''800;00' 1.00% 37;DLC%Q. 3_ 3-7 MOM 100%/ -- - _2,913;&1!6000; '?$- 2,2 0 $ 439,499.00 I 253,233,00.2; Total:- 'City of;Petaluma Percent Delco Builders Percent Santa Rosa JC (1'5;203.00? ;$ (15;203;00) 100°h 2 8081m.; 0% ;1$ —2;205;881:00" $ 439,499.-00' II $ 253,233.00 (34:489:00)' it$ --(3,4489:00) 100°/. 2,8fi4 UA.00i $ 2,1711392:00 $ 439,499:00 I $ 253,233.00 100% - I — 2;850;0:44 0, $ 2;1;5.7,`-312;00- $ 439,499.00 II $ 253,233.00 2,849;11200. 4.$.- 2,156,380:001.. I _$ 439,499.00 I $ 253,233.00 Percent Percent Gatti Park Page 4 of 4 Shared Cost Analysis Agreement Use of the Gatti park site by the Santa Rosa Junior College 9M This Agreement, made and entered into this _th day of September, 2005, by and between the City of Petaluma, hereinafter called "the City", and the Sonoma County Junior College District, hereinafter called "the Junior College", and WHEREAS, the City constructs, operates and maintains certain public parks hereinafter called "City Property." The City Property commonly known as the Gatti park site as more particularly shown on Exhibit A attached hereto (hereinafter, "Gatti park site"), when constructed and developed, will be capable of being used by the Junior College for recreational and educational purposes in connection with the programs offered by the Junior College; and WHEREAS, the City and the Junior College agree that a sharing of services and facilities at the Gatti park site are in the best interests of the community; and WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code comprising Sections 6500 through 6513 of said code, authorizes public agencies to enter into agreements for the joint exercise of powers which are common to the parties to such agreement, and Chapter 10 of the Education Code of the State of California, comprising Sections 10900 through 10916 of said code, authorized agreements between public agencies for the purpose of organizing, promoting and conducting programs of community recreation to promote and preserve the health and general welfare of the people of the State, to cultivate the development of good citizenship by the provision for adequate programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the State; and WHEREAS, Section 14 of Article DX of the California Constitution authorizes community college districts to initiate and carry out any activity which is not in conflict with any law and which is not in conflict with the purposes for which community colleges are established; and WHEREAS, the parties hereto desire to sponsor and promote community recreation and education programs and activities and desire to enter into an agreement for the joint and shared use of certain community recreation facilities; and WHEREAS, the Junior College is in need of tennis courts, basketball courts and turf areas for the purpose of extending college curriculum and related education, sports and recreation activities. ,l Q NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and conditions herein contained, said parties, acting by and through their respective governing and legislative bodies, do hereby mutually covenant, promise and agree, pursuant to the authorization hereinabove referred to as follows: I. Facilities The facilities which are subject of this agreement include four tennis courts, two basketball courts, two turf fields located within the Gatti park site as generally shown on Exhibit A (hereinafter the Gatti Facilities). H. Junior Colleee use of Facilities The City will make available to the Junior College, the Gatti Facilities located in the Gatti park site suitable for school use on the terms and conditions set forth in this agreement. III. Scheduline During the term of this agreement, the Junior College shall be entitled to schedule and to set aside and reserve the use of the Gatti Facilities when Junior Colleges classes are in session (hereinafter "Junior College Priority Times") at any time as follows: During the school year: Between the hours of 8:00 am and 2:00 pm, Monday, Wednesday and Friday (all facilities); Between 8:00 am and 2:00 pm Tuesday and Thursday, Basketball and Turf Facilities. Summer: Between the hours of 8:00 am and 1:00 pm, Monday, Wednesday and Friday (All facilities). The Junior College will submit to the City's Parks and Recreation Director and Supervisor or designee, three (3) times per year (once, each, on or before the date which is 60 days prior to the commencement date, respectively, of the Spring, Summer and Fall sessions of classes), a schedule of the specific times and dates upon which the Junior College will require the use of the Gatti Facilities during the next succeeding period as specified in the schedule (hereinafter a "Reservation Schedule"). Upon submission of a Reservation Schedule, the City will set aside and reserve the Gatti Facilities for the use of the Junior College in accordance with such schedule, subject only to required repair and maintenance activities by the City scheduled in accordance with Section IV above. 2 In the event the Gatti Facilities will not be needed by the Junior College at any time set forth on a previously submitted Reservation Schedule, the Junior College will release such Gatti Facilities not so needed, for use by other parties as may then be determined in accordance with the regular procedures of the City for scheduling and granting permits and reservations for City Property. All times not set aside and reserved for the Junior College in accordance with a Reservation Schedule submitted in accordance with this agreement will be available to the community at large with the City determining such use and reservations in accordance with the regular procedures of the City for scheduling and granting permits for use of the City Property. The Junior College may, on a first -come -first- served basis and in accordance with the regular policies and procedures of the City for scheduling and granting permits for use of City Property, reserve times and dates in addition to those on the Reservation Schedule or Junior College Priority Times. The Junior College shall not schedule any activities at the Gatti park site by organizations or individuals not associated with Junior College classes without prior approval of City. It is understood that the Gatti Park site is a Community Park, and that the public will use Gatti Facilities other than those reserved by the Junior College per Section III, at any time during normal park hours. V. Maintenance All maintenance and operational costs of the Gatti park site and the Gatti Facilites shall be the responsibility of the City. The City, at its sole cost, shall maintain Gatti Park and the Gatti Facilities, including mowing and maintenance of fields, removal of litter, maintenance of irrigation and general repairs to the park, including lights. The Junior College shall be responsible for field preparation and litter pickup associated with any Junior College activities conducted at the Gatti park site. VI Materials The Junior College shall provide all materials and supplies necessary for Junior College sponsored activities conducted on the site. VII Access and Cleanup Responsibility Certain designated employees of the Junior College may be issued keys by the City's Park Administrator. Keys are not to be duplicated. Lost keys shall be the responsibility of the individual, and the Junior College will be billed by the City for the cost of key replacement or re -keying, depending on the degree of security liability, at the discretion of the City. Master keys will not be issued to any Junior College Employee. VIII Supervision The Junior College shall cause personnel of the Junior College, selected and determined in the discretion of the Junior College, to supervise each activity conducted by or under the auspices of the Junior College in the Gatti park site. Junior College personnel shall be in attendance at the Gatti park site during the entire period whenever the facility is being used for Junior College sponsored programs. IX Disputes In the event of a disagreement between the City and the Junior College on the interpretation of any provision of this agreement, the following procedures shall be used: ' A. The City Manager and the Superintendent / President of the Junior College, or their designees, shall meet and resolve the differences within thirty (30) days. B. If no solution acceptable to both parties is reached within thirty (30) days, the City Manager and District Superintendent shall contact a mutually acceptable mediation service to assist the parties in reaching an amicable and fair resolution; said recommended decision to be forwarded to the City Council and the District Governing Board, for action. The cost of the mediation shall be shared equally between the City and the Junior College. C. If a solution is not reached through the mediation process each party shall have and may pursue whatever rights and remedies allowed by law. X. Eauitable Rights The parties stipulate and agree that the scheduling and use provisions of this agreement may be enforceable by injunction, specific performance and / or any other legal or equitable action. The parties waive the right to raise as a defense to any equitable action any claim of the adequacy of a remedy at law. XI Insurance and Indemnification The Junior College shall indemnify, defend, release, and hold the City harmless from liability for personal injury or property damage arising out of the Junior College's use, except to the extent that such injury arises out of the negligence or misconduct of the City's agents or employees or the City's lessees or it's agents or employees. 0 During the term of this Agreement, the Junior College shall provide comprehensive general public liability and property damage coverage with the following minimum limits: $2,000,000 combined single limit The Junior College shall name the City as additional insured for the life of this Agreement and shall annually furnish the City with written proof of said coverage. The Junior College shall give the City notice of cancellation 30 days prior to cancellation. XJ Parking Junior College program participants will park in designated Junior College parking lots. Parking spaces designated for use by Park patrons are not to be used by Junior College students as part of their activities associated with the Junior College. XII Recinrocity In the event that the City sees an opportunity to expand programming or related activities in future years to the Junior College campus, the City would be able to invoke a reciprocity arrangement based on tenets expressed herein for mutually agreed upon use of the Junior College Field House. All applicable procedures for use of Junior College facilities would be in effect. VIII. Term This agreement and all of the terms and provisions set forth herein shall be effective upon signing by both parties and shall remain in effect until August 1, 2030. Notwithstanding anything to the contrary contained herein, the parties hereto may, by and through their respective legislative bodies, authorize the mutual modification or termination of any provisions of this agreement. X Pavment by Junior College In consideration of the rights granted the Junior College in this agreement, the Junior College agrees to pay to the City the sum of Two Hundred Fifty Five Thousand Dollars ($255,000.00). Such payment shall be due 30 days following the date that the Gatti park site and Gatti Facilities are complete and ready for use by the Junior College as contemplated herein. '0 City of Petaluma IM Santa Rosa Junior College District LO Approved as to Form: Approved as to Form: 2 4 5 6 Resolution No. N.C.S. 7 Of the City of Petaluma, California 9 10 11 Resolution Approving a Joint Powers Agreement With the 12 Santa Rosa Junior College District 13 Regarding the Use of the Gatti Park Site 14 15 Whereas, the City of Petaluma is building a 7 -acre community park on the Gatti park site adjacent to the 16 Petaluma Campus of the Santa Rosa Junior College; and 17 18 Whereas, the new park will have athletic facilities that would be beneficial for classes offered through the 19 Junior College at times normally not used by the public; and 20 21 Whereas, the Junior College District has capital funds available through a state wide bond initiative that can 22 be use for development of facilities; and 23 24 Whereas, it would be in the interests of the Petaluma Community for the Junior College District to 25 participate financially in developing the community park; and 26 27 Whereas, the City of Petaluma and the Junior College District have negotiated a joint powers agreement that 28 identifies the conditions under which the Gatti park site can be used by the Junior College District in return 29 for financial participation in constructing the park by the Junior College District and the ability of the City 30 to use Junior College Facilities when constructed. 31 32 Now, Therefore, Be It Resolved by the City Council of the City of Petaluma, that it hereby approves the 33 joint powers agreement with the Santa Rosa Junior College District regarding the scheduled use of the Gatti 34 park site, and authorizes the City Manager to sign the agreement.