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HomeMy WebLinkAboutC25710 Approve TUP and Joint Use Agreement for Rutledge Strip Area at PDMCContract No. C25710 REQUEST: CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT Approval of Desert Sands Unified School District's Renovation Plan for the Rutledge Strip Area at Palm Desert Middle School and a Joint Use Agreement SUBMITTED BY: Janis Steele, Parks and Recreation Services Manager DATE: August 24, 2006 CONTENTS: 1. Temporary Use Permit 2. Map of Rutledge Strip Plan 3. Joint Use Agreement Recommendation: By Minute Motion: 1. Approve Temporary Use Permit (TUP) of the Rutledge Strip area of Palm Desert Middle School for Desert Sands Unified School District (DSUSD). 2. Approve DSUSD's plans for renovation of the Rutledge Strip. 3. Approve Joint Use Agreement between DSUSD and the City of Palm Desert for usage of the Palm Desert Middle School Park, Oleson Field and the Rutledge Strip. Executive Summary: City Staff has been working with DSUSD Staff to develop a joint use plan for Palm Desert Middle School and the Rutledge Strip area adjacent to the school. This became necessary due to the renovation of the school site. Staff is recommending that the City Council approve DSUSD's TUP for the Rutledge Strip (Exhibit A) to assist in staging of construction, approve the renovations to the Rutledge Strip as presented by DSUSD (Exhibit B) and to approve a joint use agreement (Exhibit C) between the City of Palm Desert and DSUSD to maximize usage of the site. Staff Report DSUSD Renovation of Palm Desert Middle School and Joint Use Agreement August 24, 2006 Page 2 of 3 Background: The City of Palm Desert and DSUSD have participated in a joint use agreement that involves the Palm Desert Middle School and Rutledge Strip sites for more than ten years. This agreement enables the City to utilize the park/playground and bathrooms at Palm Desert Middle School and to use the Oleson baseball field and the Rutledge Strip after school hours and on weekends for baseball and t-ball. The agreement provides DSUSD with usage of the Rutledge Strip during school hours. When DSUSD began discussing renovations of the Middle School, they initiated discussions with City Staff regarding a potential land swap between the Rutledge Strip and the "tot lot" or playground on site. During conversations in May of 2006, DSUSD Staff recommended that the City and DSUSD continue to operate as part of a joint use agreement instead of swapping land. DSUSD Staff presented their renovation plans for Palm Desert Middle School and the Rutledge Strip at a 2 x 2 meeting on March 22, 2006, and to the Parks and Recreation Commission on May 3, 2006. Current City usage of the site is as follows: Current Uses 1. T-ball practices are held on the four fields on the Rutledge Strip, Monday - Friday, until dusk. Fields are in use approximately mid -January until June 1, and October through December. 2. Oleson Field is utilized for 28 games per week, including evenings and weekends. 3. The playground and bathrooms are open during the City of Palm Desert regular park hours of operation (6:00 AM — 11:00 PM). 4. The City provides maintenance to the playground, Oleson Field and the Rutledge Strip. With the new Middle S:,hool design, a joint use agreement would include the following: 1. The DSUSD renovation plan identifies that behind the tot lot there will be a track and football field. This is scheduled to be finished by September 2006. DSUSD representatives stated that t-ball practice would be allowed in this area. 2. DSUSD representatives also indicated that the current t-ball practices held in the Rutledge Strip area of the site could be moved to other school facilities that are not currently used by the City. 3. Oleson Field will remain open and the City will continue to maintain it. 4. Once renovations of Palm Desert Middle School are complete, the City would be able to use the soccer field. It can be divided for t-ball or used in other ways as needed. 5. The City will continue to maintain the playground, bathrooms and Oleson Fields. G.IDevServ,cesUan,s SteeletWord FdesiSY /f reporisiDSUSD Palm Desert M,ddle School doc Staff Report DSUSD Renovation of Palm Desert Middle School and Joint Use Agreement August 24, 2006 Page 3 of 3 As part of the Rutledge Strip site renovation, DSUSD has planned a bus turnout on a portion of the strip. Public Works Director, Mark Greenwood, is in favor of this turnout. He states that the modernization includes redesign of the school bus bay on Rutledge Way, to separate bus loading from the street. This is an improvement as it allows traffic to continue to flow while busses are being loaded. If the bus bay were left as it exists, traffic would continue to be required to stop during bus loading, resulting in congestion and delay. The Public Works Department has reviewed the proposed bus bay and is of the opinion that it will both improve student safety and improve traffic flow, and therefore recommends that it be approved. Staff recommends that the City Council approve the TUP and renovation plan for the Rutledge Strip at Palm Desert Middle School as well as the joint use agreement in concept as presented for Palm Desert Middle School, Oleson Field and the Rutledge Strip. Staff recommends that the City Council authorize the City Manager to execute the joint use agreement when all details are finalized. Submitted By: anis Steele arks and Recreation Services Manager Approval: Carlos L. Orteg' City Manager Paul Gibson Director of Finance Homer Croy ACM for Devel CITY COUNCIL �tCTION: APPROVED v/ DENIED RECEIVED OTHER t4EETIN D TE C)V - ?t,P AYES • NOES: ABSENT: ABSTAIN: VERIFIED BY: i Original on File LIWIth City Clerk's Office. G: DevServicesUanis SteelelWord Files\Sta%reports1DSUSD Palm Desert Middle School.doc JOINT USE AGREEMENT This joint use agreement (the "Joint Use Agreement") is hereby entered into by and between the DESERT SANDS UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California (the "District"), and THE CITY OF PALM DESERT, a municipal corporation (the "City"), as of 2006. E)ENAFT RECITALS WHEREAS, the District intends to lease from the City certain property located within the City of Palm Desert, more particularly described in Attachment 1, attached hereto and incorporated herein by reference (the "Rutledge Strip"), which the District intends to utilize for purposes authorized under the California Education Code. WHEREAS, as a condition of the lease of the Rutledge Strip from the City to the District, the District has agreed to allow the City to utilize, a one (1) acre portion of the Palm Desert Middle School site, more particularly described in Attachment 2. attached hereto and incorporated herein by reference (the "Tot Lot Property"). WHEREAS, as a ccndition of the lease of the Rutledge Strip from the City to the District, the District has agreed to allow the City to utilize, at certain times and under certain conditions set forth below, a acre portion of the Palm Desert Middle School, which is depicted on the Site Map attached hereto as Attachment 3 and incorporated herein by reference (the "Palm Desert Middle School Playfields"). WHEREAS, the Rutledge Strip and the Palm Desert Middle School Playfields together shall be known as the "Joint Use Property". WHEREAS, this Joint Use Agreement sets forth the terms and conditions for the City's use of the Joint Use Property, as well as the rights and obligations of the parties hereto with respect to construction and maintenance of improvements to the Joint Use Property. NOW THEREFORE, in consideration of the recitals set forth above, the covenants and agreements set forth hereir below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and the City agree as follows: 1. Dates and Times of Use. 1.1 District Use. The District shall have the sole right to utilize the Joint Use Property Monday through Friday from 7 a.m. to 4 p.m., exclusive of District holidays, (the "Routine Use Schedule"). In addition, the District and the City agree to meet on an annual basis, during the first fiscal month of the District's fiscal year, at which time the District shall notify the City of the dates and times of certain District special events. The District shall have the sole right to use the Joint Use Property during such dates and times in addition to its Routine Use Schedule (the "Special Event Schedule"). 1.2 City Use. Except during the times set forth in the Special Event Schedule established annually by the District. the City shall have the sole right to utilize the Joint Use Property Monday through Friday from 4 p.m. to 11 p.m., and on Saturday and Sunday from 7 a.m. to 10 p.m._The City shall have exclusive use of the "Tot Lot" property for public uses in accordance with City code. 2. Limitations on Use. 2.1 District Uses. The District shall have the right to use the Joint Use Property for any and all uses authorized under the California Education Code, so long as such use does not materially interfere with the City's rights to use of the Joint Use Property as set forth herein. Parking shall be permitted on only those portions of the Joint Use Property which have been set aside and paved for parking. 2.2 City Uses. The City may utilize the Joint Use Property during the times set forth in Section 1.2 for parking (but only those portions of the Joint Use Property which have been set aside and paved for parking), and City sponsored or affiliated recreational uses. 3. Indemnity and Release. City hereby agrees to indemnify, defend, and hold harmless the District from any claims, losses, costs, or expenses relating to the City's use of the Joint Use Property. except as and to the extent resulting from the negligence or willful misconduct of the District. 4. Improvements to the Joint Use Property. 4.1 Parking and Park Fields. The District shall develop, at its sole cost and expense, the Joint Use Property in accordance with the Scope of Development attached hereto as Attachment 4 and incorporated herein by reference, and in accordance with the Schedule of Performance attached hereto as Attachment 5 and incorporated herein by reference. 5. Maintenance of Joint Use Property. The Joint Use Property shall be maintained by the City in accordance with the standards set forth in the City's municipal code. 5.1 District Share of Water Costs. Water usage for the Joint Use Property will be billed to the District, and the District shall promptly pay all such water bills. 5.2 Other Utilities. In the event field lighting is installed by the City, the City shall install separate electrical meters for the Joint Use Property, and shall be responsible for paying all electrical bills incurred with respect to the operation of the Joint Use Property. 5.3 Other Maintenance Costs. The City shall be responsible for contracting for the general maintenance and upkeep of the Joint Use Property. Such contract shall provide for the maintenance of the Joint Use Property consistent with the standards set forth in the City's approved landscape maintenance guidelines. 6. Term of Agreement. This Agreement shall become effective July 1, 2006, and shall remain in effect for thirty (30) years, with two (2) automatic ten (10) year extensions, unless earlier terminated in accordance herewith. Termination of the Agreement must be provided by either party in writing six (6) months prior to the termination date. 7. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within thirty (30) days from the date of the notice or such longer period if the nature of the default is such that more than thirty (30) days is required to cure such default. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default which is not cured within the time set forth he: ein. 8. Attorneys' Fees. In the event any declaratory or other legal or equitable action is instituted between City and District in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 9. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows: If to City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: Carlos Ortega Facsimile: (760) 340-0754 If to District Desert Sands Unified School District 47-950 Dune Palms Road La Quinta, California 92263 Attention: Peggy Reyes Facsimile. (760) 771-8522 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet. 10. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. 11. Entire Agreement. This Agreement and its exhibits, each of which is incorporated herein by reference as though set forth in full, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 12. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 13. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. 14. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason. the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 15. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by District and City. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 17. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth herein above. ATTEST: School District Secretary APPROVED AS TO FORM Stradling Yocca Carlson & Rauth, School District Special Counsel DISTRICT: DESERT SANDS UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California By: Its: CITY: CITY OF PALM DESERT, a municipal corporation By: Its: ATTACHMENT 1 LEGAL DESCRIPTION OF THE RUTLEDGE STRIP PROPERTY Being a portion of Lot 173 of Tract 8237 as recorded in Map Book 92, pages 3-5 inclusive, Records of Riverside County, lying in the southwest quarter of Section 16, Township 5 South, Range 7 East, SBM, in the City of Pal'n Desert, County of Riverside, State of California, more particularly described as follows: All of Lot 173, excepting therefrom that portion deeded to Coachella Valley Water District on September 1, 1993 as Instrument No. 343762. Containing 2.24 acres, more or less. YELLS MAGNESA DRIVE J - , �17 2,' r D C, u-- "L EPIC ENGINEERS CML ENGINEERNa PLANN11W. LAND SURVEANG C04,iSTRUCrION 5,W7AGVAENT E. PEDLANDS BOULEVARD F101 SUITE 146 TELE 909 - 792 - 5969 REDLANDS, CA 92373 FAX 909 - 792 - 8869 EXHIBIr,r WBI CITY OF PALM DESERT PARCEL 2 36c BY: A8 i ')A i F: 1, 912 0 C SCAL E.- I" = I -X" SHEET- 1 OF I ATTACHMENT 2 LEGAL DESCRIPTION OF TOT LOT PROPERTY Being a portion of Palm Desert Middle School, lying in the southwest quarter of' Section 16, Township 5 South, Range 6 East, SBM, in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: Commencing at the northwest corner of the southwest quarter of Section 16, T.5S., R.6E., said corner being the centerline intersection of Portola Avenue and Magnesia Falls Road; Thence North 89°52'52" East, along the centerline of Magnesia Falls Road, being the north line of the southwest quarter of Section 16, a distance of 924.50 feet; Thence South 00°07'08" East, a distance of 44.00 feet to a point on the Southerly right of way of Magnesia Falls Road. said point being the Point of Beginning; Thence South 00°07'08" Last, a distance of 110.02 feet to the point of curvature of a curve to the left, having a radius of 115.00 feet, through a central angle of 23°41'33"; Thence along the arc of said curve, and arc length of 47.55 feet to the point of tangency of said curve; Thence South 23°48'41" East, a distance of 5.65 feet to the point of a curvature of a curve to the left, having a radius of 175.00 feet, through a central angle of 36°25'43"; Thence along the arc of said curve, an arc length of 1 1 1.27 feet to the point of tangency of said curve; Thence South 60° 14'25" East, a distance of 7.85 feet to the point of curvature of a curve to the left, having a radius of 50.00 feet, through a central angel of 71 °25'47"; Thence along the arc of said cun.-e, and arc length of 62.33 feet to the point of tangency of said curve; Thence North 48' 19'49" East, a distance of 19.14 feet to the point of curvature of a curve to the left, having a radius of 140.00 feet, through a central angel of 43°41'31 "; Thence along the arc of said curve, an arc length of 106.76 feet to the point of tangency of said curve; Thence North 04'38'17" East, a distance of 49.55 feet; Thence North 00°07'08" West, a distance of 85.56 feet to a point on the Southerly right of way of Magnesia Falls Road, being 44.00 feet in half width; Thence South 89' 52' 52" West, along the Southerly right of way of Magnesia Falls Road, a distance of 215.00 feet the Point of beginning. Containing 1.06 acres, more or less. 7 Vll�./i/G/VI•"!"lf „'r0 "••. "rrr:ll """'V r''O 1-"'r-" ! 1 rr .r! i �, r•'C,. „" . G .rr,r, vv • .r . -• v —.-ta JL Ll. 1'. C; / cry\R01 z Co�L � <n 13 i� i'J In `` 4 uj 4t00 W 11t C 0) c In coIn �In `O JS ti. Vt to ZIV 10 tp 6iJ � x LU UUC c CL Lj LLJ 0. • t; `, r :� w o `s v K �[ c, V 3 V 7 L s z ATTACHMENT 3 Palm Desert Middle School P layfisids Magnesia Falls Drive Olesdn Field i V, Palm Desert Middle School Campus SCOPE OF DEVELOPMENT JOINT USE PROPERTY District Responsibilities Design and construction of Palm Desert Middle School Playfields in accordance with District standards. 2. Design and installation of tubular steel fencing to secure Joint Use Property for school use as required by the District. 3. Design and construction of a bus turn out lane on Rutledge Strip. SCHEDULE OF PERFORMANCE Desert Sands Unified School District Responsibilities Bid project April 2006 Award contract Wy 2006 Start construction June 2006 4. Finish construction of Joint Use Property September 2006 4 4'TI City of Palm Desert 1 &� Department of Community Development b, W-F TEMPORARY USE PERMIT 73-510 Fred Waring Drive a Palm Desert a California a 92260 a (760) 346-0611 a Fax (760) 341-7098 Applican (person/firm propos' g the si n) gjEdE ��CG ���0 D L Telephone: ii — ell Mailing Address: `7SO �G�ilF `�`� ��F"a'xnumber: QSZZ- City: i (A t',,b+ State:C `Zip: 4 22.r3 Email: �t� P�J • ��« l�iS�{ .S �i. 'l-C$ Pro a Own r (1 d caner)• �, / �) + Telephone: Mailing Address: Fax number: City: State: Zip: Email: Representative (if different from applicant): Telephone: Mailing Address: Fax number: City: State: Email: Please send correspondence to (check one): Applicant Property Owner Representative Description of Activity (describe/ the vent): �1 S'b2c� c�l, na � � F-o�L (Z CU� � Date(s) of event: u F -100 G Q t-71-, ,:-) ^-f) �p Prope Addre s: .kin V, ij tA- !Z:4,— L-,-j 4Aj IV C-T, f'ej e�—:- Cc vs' 9L,'C7'7Q,c/ 5 rX--'Ah!;9 Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. Signature Date Property Owner: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolve the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. Signature Date Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. l � Signature Date OFFICE USE ONL Y CASE NUMBER: TUP DATE: ACCEPTED BY: City of Palm Desert Temporary Use Application TEMPORARY USE PERMITS TEMPORARY USE PERMITS ALLOWS FOR SHORT-TERM ACTIVITIES THAT MAY BE APPROPRIATE WHEN REGULATED. THE TEMPORARY USE PERMIT PROCESS IS COVERED UNDER ARTICLE 25.64 OF THE PALM DESERT MUNICIPAL CODE. THE NORMAL REVIEW TIME FOR THESE REQUESTS IS TWO TO THREE DAYS. A Temporary Use Permit may only be granted for the following: • Sales of art work ■ Christmas tree sales • Carnivals, circuses, special events of not more than 72 consecutive hours ■ Parking and storage of earth moving or construction equipment • Storage of materials incidental to the carrying on of a public works project, subdivision, or construction project ■ Real estate tract sales office ■ Construction - garage or shed for subdivision construction • Model homes, model home sales offices • Such other uses as the Zoning Administrator may consider being within the intent and purpose of this section I. SUBMITTAL REQUIREMENTS: 1. Complete application form filled out with required signatures 2. $84.00 Application Fee 3. An accurate scale drawing of a site plan, floor plan, and elevations indicating: • Existing and proposed structures • Current uses of adjacent properties • Design of parking area • Location of streets, property lines, and easements • Other items necessary to adequately describe request 2 City of Palm Desert Temporary Use Application II. PROCEDURE: 1. Submit a complete application with all sets of required plans and appropriate fee to the Department of Community Development for staff review: III. CONDITIONS OF APPROVAL FOR A TEMPORARY USE PERMIT: IN APPROVING SUCH A PERMIT, THE APPROVAL SHALL BE MADE SUBJECT TO A TIME LIMIT NOT TO EXCEED THIRTY (30) DAYS. A TEMPORARY USE PERMIT FOR A TRACT HOME LOT SALES OFFICE, OR CONSTRUCTION SITE USES MAY BE FOR A PERIOD NOT TO EXCEED ONE (1) YEAR. EXTENSIONS OR RE -EXTENSIONS MAY BE GRANTED IF CONDITIONS REMAIN UNCHANGED NOT TO EXCEED ONE (1) YEAR. Regulation of hours: Regulation of Lights: 7-/ y Requirements of bonds or other guarantees for clean-up or removal of structures or equipment: �y�Ea 7��"T a 1gQd/.n A? -Pe PIW-/� W 7 1C A14MIiVT off- 1G /41�z Such other conditions deemed necessary to carry out the intent and purpose of this section: • /'Mr T1"5 70 All,-W 4 "e- 7W us o p Qn6An6P6/5* • br GGOP,D//t/A7'Lc .SLiTJ� P�/�G/C ��C.t'.rS FG.Q Plfl�t/ Cf/iEG.� d` �� lJ 3 . . . � `� � ' � � � � � � � _ _ --_- �� �r � - I�I � �� caa�� � �sc� ���k ,t�4a1 ti-i_k:Yir l![��1�� i i(��itil�, � �* ��L� �1te���-r�t��X:r:��t��'�(��t,,�;:�C= E ��� t -,�-�;�_�: s:; .:,r,� , '_ � '�4�.����'���a�'�'�.����A,R' �, ���/E ��� ��'�i#� : � ��.."��"��D»� _� _ � • •F,1?":f 1� S. S ♦ � �•� ' 4 '����4�j�E�� x11t�11��� _ , • : � - �� ���;�.�;taf�s7n'r�` '��• • • � :tii1.C�11n�; 1� ��� . � � . - � ����Tc, ` f !��.'' � �� • - f ��: , q � � r . . 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L._.i � � - ' . ._{ . .��"�.,....._�._� . . � C- �.��.:�� �- ,- µ_ ��: � . �� ., ,._._�- ..f f.� �� .� . . . _ �_ ,� ._ - . . � � . , , . .. ._._ �.� ,:� � _' _ _ �f � ; i , � � � �� � ,�v,1.���..i ,., , ; .. ; � , . ,,� , _._. _._... �� _. . < , �__� _ � ,, / � � . . ,�� -r- , __ _. _ .� __.. _.__ _ � m. �.� . _ 7� ,� Palm Desert Middle School Campus