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HomeMy WebLinkAbout2007/04/17 Item 12 CITY COUNCIL AGENDA STATEMENT :S}\'f:.. CIIT OF '~CHUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: APRIL 17, 2007, Item J?- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FY07 CAPITAL IMPROVEMENT PROGRAM ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUDERBACH PARK IMPROVEMENTS (CIP NO. PR295)", AND APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CIP "WESTERN CHULA VISTA INFRASTRUCTURE FINANCING PROGRAM (CIP NO. GG188)" TO PR295 IN THE AMOUNT OF $285,980 AS NECESSARY TO FULLY FUND THE PROJECT. IS DIRECTOR OF PUBLIC WORKS OPERA TIONstt--/ DIRECTOR OF GENERAL S~. ~. DIRECTOR OF RECREATIO lNTERIM CITY MANAGER ' J! 4/5THS VOTE: YES ~ NO D BACKGROUND Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery annexation in 1985. The Boys and Girls Club of Chula Vista leases the recreation building located within the park and uses the field and tot lots for its members. Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis. As is the case in many of our older City Neighborhood Parks, there is no public restroom. Over the past several years, there have been growing community concerns regarding health and safety of the public at Lauderbach Park because of ongoing criminal activities. In response to the concerns here and at several other parks in Chula Vista, a collaborative cross-departmental team met to discuss the various options available to address these issues. Police, Recreation, Public Works Operations, and General Services began /~~. / ItemJL Page 2 of 5 meeting with representatives from local businesses and the Boys and Girls Club. After several meetings, a number of actions were taken including clearing undergrowth in planters and around trees, repairing perimeter fencing, installing hardware on walls and benches to deter skateboard grinding, and enclosing the trash dumpster. These improvements were done in accordance with basic Crime Prevention Through Environmental Design (CPTED) principles. In addition, Lauderbach Park and three other City parks were designated as parks that prohibited the possession and consumption of alcohol without a permit. Signs have been installed alerting the public to this designation. Police officers increased their presence in the park 27% over calendar year 2005 and made 50 arrests for alcohol and other violations. These efforts have resulted in a 47% decrease in the number of calls for service for violent behavior at Lauderbach Park. The number of service related calls to other non- violent disorder activities in the park have increased substantially, despite the increased enforcement efforts by the Police Department. Disorder calls increased 84% in 2006 compared to 2005, primarily because of increased calls from Boys and Girls Club staff and City staff (Parks employees). This is most likely in response to heightened awareness levels since the implementation of the no alcohol ordinance enacted in November 2005 and the continuing efforts to improve the park. Although these efforts have improved the situation, City staff believes additional improvements can be made to promote greater use of this facility by the local community. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving negligible or no expansion of the site's existing use. Thus, no further environmental review is necessary. RECOMMENDATION Adopt the resolution amending the FY 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295)" and appropriating State Recreation Grant funds in the amount of$114,020, Adopt the resolution authorizing the interproject transfer from existing Capital Improvement Project (CIP) "Western Chula Vista Infrastructure Financing Program (CIP NO. GG 188)" to PR295 in the amount of $285,980 as necessary to fully fund the project. / ..t ~ ..2.. APRIL 17, 2007 Item~ Page 3 of5 BOARDS/COMMISSION RECOMMENDA nON The Parks and Recreation Commission unanimously endorsed this project on January 18, 2007. The City Council Public Safety Subcommittee received a project presentation on January 17, 2007, and in a meeting at the Boys and Girls Club on February 28, 2007. The Subcommittee generally supported moving this project ahead. DISCUSSION City staff including Recreation, Police, General Services, Public Works Operations, and the City Attorney's office collaborated with the Boys and Girls Club and several local business owners to develop strategies to improve the situation. These ideas were presented to the community on December 6, 2006 and received overwhelming endorsement from the approximately 70 citizens in attendance. The overall strategy includes creating safer, more attractive park amenities that will promote more family-oriented activity in the park and serve as deterrents to undesirable behavior. With the proposed park improvements, combined with enforcement strategies, the City aims to increase overall use of Lauderbach Park and its related facilities. There is an existing lease with the Boys and Girls Club for the Lauderbach Community Center, which runs to June 1,2018. The proposed Capital Improvements are as follows: Fencing and Signage ($35,000): Pursuant to the terms of the existing lease with the Boys and Girls Club, construct a six-foot high ornamental wrought iron fence around the perimeter of the front lawn and garden area, with the Boys and Girls Club having control of this area. Also included is constructing a four-foot high ornamental wrought iron fence surrounding the Tot Lots to delineate age appropriate use of these public facilities. Both of these areas will have signs posted designating appropriate age groups usage. Restroom ($165,000): Constructing a new restroom for use by the general public during normal park operating hours. This restroom will be constructed to current city standards as an adjoining element to the existing building leased by the Boys and Girls Club. It will be secured at night. Security Lighting ($50,000): Augmenting the existing security lighting around the park, especially the field, will not only enhance general park safety during the winter months, but will enable teams to practice sports after dark. Rubber Surface in Tot Areas ($100,000): Removing the existing sand around the play equipment and replacing with rubber surfacing to minimize any hazard related to materials disposed of or hidden in the sand. . /:..L .3 APRIL 17, 2007 Item~ Page 4 of5 The remaining $50,000 will be needed to cover staff time in developing the project and contingencies during construction. In an independent action, the Boys and Girls Club will be installing video cameras to assist with security issues at Lauderbach Park; because the cameras will be installed on city property, permission to do so must be granted by the City. The police department is working with the City Attorney's office and the Boys and Girls Club to draft an agreement in which permission will be granted and conditions of camera use will be specified. Installation of the cameras should be complete by the end of May 2007. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. INTERPROJECT TRANSFER The Western Chula Vista Infrastructure Financing Program was established in 2004 and included $9 million of financing for parks and drainage improvements in western Chula Vista. The drainage improvement portion of the program made up $4.7 million of the amount, the vast majority being utilized to rehabilitate or replace existing corrugated metal pipe. The balance of the funds ($4.3 million) was set aside for three parks related projects. Those projects were Harborside Park, Otay Park and the Women's Club. In the time from the establishment of the financing program and when Harborside Park and Otay Park went forward construction costs had escalated to the point that only $285,980 of the bond proceeds are remaining. The original preliminary cost estimate for the Women's Club was $450,000, based upon an architectural analysis undertaken in January of 2003. Construction costs, particularly for building materials have increased at least 35% since that time which would bring the preliminary cost estimate of the Women's Club to over $600,000. The remaining amount of the bond proceeds, being less than half of that amount, would not be wisely spent on the Women's Club as any improvements that could be made would be quite limited. For this reason, since the remaining amount was originally set aside by the City Council for park purposes in western Chula Vista, the Lauderbach Park improvements are a better fit for the remaining funds. The Finance Department has reviewed this change in plan to utilize the remaining funds at Lauderbach Park for compliance with the financing documents and has found that the bond proceeds can be used for this purpose. /=<, y/ APRIL 17,2007 ItemJL Page 5 of5 FISCAL IMPACT There is no impact to the General Fund from the proposed project. The $400,000 in funding for the proposed Capital Improvements will come from a previously allocated Per Capita State Recreation Grant and transfer from an existing project, GG 188. Annual operating expenses for restroom cleaning, periodic fence painting, and lighting replacement will be absorbed into the Public Works Operations' ongoing park maintenance budget. A TT ACHMENTS: Attachment I - Vicinity Map Attachment 2 - Arial Photograph Attachment 3 - Plan View with summary of Proposed Improvements Attachment 4 - Proposed Public Restroom Layout Attachment 5 - Proposed Fencing Detail Attachment 6 - Existing Lease Agreement with Boys and Girls Club Prepared by: Rick Hopkins, Assistant Director of Public Works Operations /) ,,- /0<' - ~, , . Attachment 1 \ '\\ ~---\~-~\ ~ V-:-~\\ \. \~ ~l t \-1\ \ J.-~ c:. \. ;Y---- ---- \ \ ~--- y~ Lauderbach Park - Vicinity /..J . 0 lauderbach Park - Aerial Photo /) ~ J /""" ( Attachment 2 ...... --- ..--;::~;:; ~:. ,-~.-? "'" /',' '.. '.". /'. '\-...L......... __ .. . l' . ,. . . .//~" .jl. /. i .. <" . / .'i @ .'Woif, '. -._-- , TYPICAL-Existing pole i mounted light with j proposed upgraded fixture. TYPICAL - Proposed new light pole with new fixture. I j I i TYPICAL - Existing pole mounted light -"\ " j' , f ~ '- .,"t Attachment 3 1 Proposed enclosure with 6' high fence with gates. I i .. , >." .....'1 ~ .;..1 I I Proposed restroom addition. I TYPICAL - Proposed new wall mounted light. Proposed enclosure with 4' high fence with gates. i! / '..-,,; .~ :. ~:', ') I ......; 't :1 " ;I . .- ... ~ 11".., .,~ / f' \. lauderbach Park - Proposed Improvements n,t.s /~- ,- r -.:::t +-' C Q) E ..c C,) co +-' +-' <( Ol c: :;::; l/l 'x Q) - Ol o c: Q)'i5 U= ell => LL..o E o l:! .. III l!! ". GI C ~.S! Q,:!:: 0" .." ll..ClI "~lt~ LAUDERBACH COMMUNITY CENTER ([) !IolDICATE5lOCATlON or FIRE EXTINGUISHERS ROOM 2 c Dining 34 A.ssembly 72 o tr AIC ROOM DInIng '4 Assembly 53 .... GE] ,El 51Q!lAG{ KITCHEN 7 ROOM I (Nol available ror rent) $---- OFFICE .......1 El01' Ol .5: 32 => CO Ol c: :;::; l/l 'x LlJ . ./ MAIN HALL DIning 208 Assembly 446 <E.i) IHr_ , rL[(11lIt.\< o >("'TE~ ~ ~ ~ > Q ~ c 0 ~ "0 "0 <( E 0 0 .... - en Q) ("., c:: 'J "0 ') Q) '. en "- 0 0 .... a.. I ~ ... ca 0.. .c u ca ,g ... G> "C ~ ca ..J -------------~ o ~ " o " > o m of:H[Q o ... M...~T1HMlCI Attachment 5 Example of proposed 4' high fence 16' ~ i "'1 Existing low I 2' high wall Typ. 'I high Proposed 6' hiqh fence lauderbach Park - Proposed Fencinq ) /"1 'd ''':/V I Attachment 6 LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOY'S AND GIRL'S CLUB FOR THE LEASE OF CERTAIN PROPERTY AT LAUDERBACH COMMUNITY CENTER AT LAUD ERBACH PARK THIS LEASE AGREEMENT is made and entered into this 16th day of May, 2000 between the City of Chula Vista, a Municipal Corporation, as lessor, hereinafter called "City," and the Boys & Girls Club of Chula Vista, Inc., a California non-profit corporation, as lessee, hereinafter called "Club;" RECITALS: WHEREAS, the City owns certain property, including all improvements located upon the property, at Lauderbach Park in the City of Chula Vista. WHEREAS, the Club desires to lease said property to conduct its Community Youth Center for the purposes of providing primarily the youth, and secondarily the Chula Vista community in general, with a recreational, childcare, and educational facility and corresponding projects and programs intended to promote their physical, mental, and moral well being; and WHEREAS, the activities offered by the Club benefit the community. WITNESSETH: City hereby leases to Club and Club hereby leases from City, certain property hereinafter described under the following terms and conditions: I. Subject Premises. City leases to the Club a certain part of a parcel of real property, together with all current improvements thereon, situated in the City of Chula Vista, County of San Diego, State of California, commonly known as Lauderbach Community Center, Chula Vista, as follows: a. The Club shall have the use and occupancy of the Community Center building in its entirety as well as access to the park area and playgrounds. One playground may be fenced by the Club for such licensing requirements as may prevail, with the understanding that the general public will have access during those times that the Club is not using the subject playground. City will have continual access and responsibility for maintenance and repair of said playground and equipment to insure public safety. b. It is further understood that the Oxford Seniors Club will continue to have the use of the assembly hall and kitchen for its regular meetings and events. The Oxford Seniors Club would continue to have reasonable storage. /Q.. -// c. It is further understood that the 4 - H Club of San Diego will continue to have occupancy of the classroom on weekdays to conduct pre and after school programs for a period of one (1) year from the date hereof. d. Other community user groups will request use of the building through the Club's process. Any groups wishing to rent the facility will do so through the Club with all proceeds from these rentals being retained by the Club. e. The facility will provide operational hours beginning no earlier than 6:00 a.m. and extending no later than II :00 p.m. in accordance with the wishes of the adjacent dwellings. f. The City shall remove an non-affixed equipment agreed upon by the Club and City, equipment left by the City for the use of the Oxford Seniors and 4-H Program will bear the City's inventory numbers and be accounted for yearly. 2. Term. The initial term of this lease shall expire June 1,2018, unless sooner terminated by the destruction of Subject Premises, as herein defined, or otherwise as permitted by this Agreement. a. The Subject Premises shall be deemed destroyed for the purpose of terminating this Lease at such time as (1) the improvements thereon are, in whole or in part, ruined by a calamity or a progressive degenerative process, such as rot, termites, etc., and, (2) the amount the City receives as compensation for the damage from an insurance source or the Club exceeds the City's estimate of the cost of the repair. If the Subject Premises are deemed terminated, the City may retain all of the proceeds for the damage from the insurance source. Nothing herein shall be deemed to relieve the Club for damage to the premises they may have otherwise caused. b. If the improvements on the Subject Premises are, in whole or in part, ruined by a calamity or a progressive degenerative process, the City shall be under no duty to the Club to provide substitute or replacement facilities or premises during any repair or reconstruction of the Subject Premises, or to pay the rental value thereof, regardless of cause of the damage to the Subject Premises. c. Extended Term. Upon the expiration of the Initial Term, the Club may request to extend the term of the lease for two (2) successive five (5) year periods. The Club shall exercise the extension option by written notice to and approval of the City, such notice to be provided no later than ninety (90) calendar days prior to the expiration of the lease term then in effect. Unless otherwise mutually agreed by the parties in writing, the terms and conditions of this Agreement shall remain in effect during the Extended Term. Prior to the granting of any extension period, however, the City shall review the Club's operations at the facility, which shall include the Club's provision of programming, and the extent to which it is designed to meet the needs of youth and the community, and which shall further include the nature and extent to which the Club has adequately maintained the facility, or other wise contributed to the cost of rC<'~ said maintenance, and which shall further include a review of the advantages and disadvantages from continuing to permit the Club to operate at the facility. d. Holdover Tenancy. In the event the Club elects not to extend the Term but retains possession of the Premises upon the expiration thereof, with the City's consent the Club's tenancy shall be converted to a month to month arrangement, subject to termination by the City upon one (I) months written notice, but otherwise on the same terms and conditions then in effect. e. The City reserves the right to require the Club to vacate the premises and to terminate this lease anytime during the course of the Agreement upon six (6) months written notice. However, if the Holdover Tenancy has been triggered, Paragraph 2.2 shall. prevail 3. Rent. Club agrees to pay to City as rental for Subject Premises the sum of $1.00 per year payable on the I st day of June of each year during the term hereof; and in addition hereto, Club agrees to do and perform the other covenants and agreements in this lease contained each of which shall be considered as additional rent. 4. Purpose. Club shall use the Subject Premises solely for the following purposes, to wit: maintaining and operating thereon the Lauderbach Community Center building and the use of the playground( s) and park for use as a service, educational, licensed childcare, and recreational center for young people and other members of the community residing in the South Bay area according to the standards of the Club and for all reasonable and lawful purposes incidental thereto including traditional fundraising activities. The Club agrees to use Subject Premises solely for the purposes herein stated. Any other use by the Club without the written consent of the City shall be cause for termination ofthis agreement upon 30 days notice to vacate the premises. 5. Responsibility of Club. a. Club shall keep the Subject Premises, building and the property upon which the building is situated, rree from any liens arising out of the work performed, materials furnished, or obligations incurred by Club. Failure to keep Subject Premises free of liens shall constitute a major breach, and default, ofthe covenants of this agreement and grounds for termination by City, at City's sole option. It is intended by the parties hereto that City has no obligation, in any manner whatsoever, to repair and maintain the Subject Premises nor the structural improvements, including any buildings, now located or to be constructed thereon, nor the equipment now located or to be constructed therein, whether structural or non structural, unless otherwise provided for in this Agreement. Club expressly waives the benefit of any statute now, or hereinafter in effect which would otherwise afford Club the right to make repairs at City's expense or to, terminate this Lease because of City's failure to keep the Subject Premises in good order, condition and repair. 3 /..2 13 b. Club hereby covenants and agrees that all utilities and services necessary for the use and occupation of Subject Premises shall be provided and paid for by Club. C. Club shall not make any improvements or additions to the building and Subject Premises without prior written approval of the Director of Parks and Recreation. Said improvements and additions shall include, but not be limited to, changes to the exterior or interior, room additions, sigos, and new plantings. The Club may, however, place 'Boys & Girls Club" signage consistent with and similar to the sigo erected at the Chula Vista Youth Center. The Club shall remove at their expense the existing sigoage at the Chula Vista Community Youth Center. d. Pursuant to the provisions of Section 107.6 of the Revenue and Taxation Code, the property interest which is the subject matter of this lease may be subject to property taxation and that the Club, as lessee, may be subject to the payment of such property taxes levied on such interest. Club shall be liable for and shall pay, at least ten days before delinquency, taxes levied against any personal property or fixtures placed by Club in or about the Subject Premises. Further, Club shall be obligated to pay any and all other taxes, including but not limited to possessory interest tax, which may be from time to time assessed upon the facility. The failure of Club to pay such levied tax, resulting in the establishment of a tax lien by any taxing agency, shalJ constitute a major breach, and default, of this lease and constitute grounds for recovery of possession by City. e. Club agrees to accept full responsibility for the maintenance and repair of Subject Premises, excluding landscaping in park areas. In addition the Club will assume the balance of the alarm monitoring contract obligation, as well as the contractual janitorial maintenance. Club shall, at Club's sole cost and expense, keep the Subject Premises and every part thereof in good condition and repair, comparable to other property held by the City in the general vicinity. Club shal- upon the expiration or sooner termination of the term hereof surrenders the Subject Premises to City in the same condition as when received. City shall have no obligations to alter, remodel, repair, decorate, or paint the structures located upon the land which is the subject of this lease. The City shall have the right to enter upon the premises to conduct inspections of the premises as it deems necessary and in no event less than twice annually. The City shall continue to maintain the adjacent park areas. f. Anti-Discrimination Club, for itself and its successors and assigos, agrees that during the occupancy and use of the Subject Premises, Club will not, with respect to its operation of the Subject Premises, discriminate against any person because of race, color, creed, religion, sex, sexual orientation, marital status, age, handicaps, ancestry or national origin. In addition, Club agrees to continue current status of compliance of the Subject Premises with the requirements of the Americans With Disabilities Act, and regulations promulgated thereunder. 4 'J /"1/ /~, 6. Parking. Club agrees to allow City access to the parking lot and shall not unreasonably restrict the use thereof by the general public and shaH not create more than five (5) reserved spaces for the sole use ofthe club. 7. Compliance with Laws and Regulations. Club agrees to maintain and operate Subject Premises in compliance with all laws, rules and regulations applicable thereto. a. Club agrees to provide City reasonable access to the Premises to allow City staff or a designee of the City to perform any renovations necessary to comply with the Americans with Disabilities Act. b. Renovations undertaken by City to comply with the Americans with Disabilities Act shall be funded by the City. 8. Termination. a. In the event that Club fails to maintain and operate Subject Premises for the principal purpose for which the same are hereby demised or fails to maintain reasonable and adequate supervision and maintenance of Subject Premises or further fails to remedy any such faults or defects within 30 days after written notice to do so ftom the City, then City may elect to terminate and cancel this lease. b. All of the conditions and covenants contained herein to be performed by Club shall be deemed to be conditions of Club's right to possession of the Subject Premises, and if after 30 days written notice to Club, any default in said conditions is not remedied or corrected or performed to City's satisfaction, City shall have the right to re-enter the Subject Premises, remove Club and retake possession thereof: c. In the event that Club abandons Subject Premises, the City may elect to terminate this lease. Abandonment is herein defined to include, but is not limited to, any absence of Club from the Subject Premises for fifteen (15) days or longer while in default of any provision of this lease except where excused by law or circumstances beyond Club's control. d. City may terminate this Lease Agreement at any time and for any reason, by giving specific written notice to Club of such termination and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. 9. Representatives of Parties to Agreement. The following are designated as representatives of parties to this agreement: a. City designates the Director of Parks and Recreation as its representative in all matters under this contract (except execution hereof) and all notices given to the City shall be so addressed to the above designated representative at 276 Fourth A venue, Chula Vista, CA 92010. 5 ,,- /.1- /..;; b. Club designates its President as the representative under this contract and all notices sent to Club shall be addressed to the above designated representative at 130] Oleander Avenue. Chula Vista. CA 9191] ]0. Assignment. Neither this agreement nor any duties or obligations hereunder shall be assignable by Club without prior written consent of the City, which consent may be withheld in the discretion of the City. In the event of an assignment by Club to which the City has consented, the assignee or its legal representative shall agree in writing with the City to assume, perform, and be bound by the covenants, obligations, and agreement contained herein. Any consent to an assignment shall not, in the absence of express provisions to the contrary, constitute a release of the Club ITom the provisions of this Agreement. ] 1. Successors and Assigns. Subject to the provision regarding assignment, this agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. ]2. Attorney's Fees. If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 13. Modification of Agreement. This Agreement may be amended by reason of changes in the scope of the purpose as described herein and the amount of any adjustment shall be determined by negotiations to the mutual satisfaction of the City and Club. Said amendments must be in writing. ] 4. Indemnity, Insurance, and Disclosure a. Indemnity. Club shall indemnify and hold harmless City flom and against any and all claims arising flom Club's use of the Subject Premises (including specifically, but not limited to, deposit of toxic or hazardous material in or about the Subject Premises, or uses of such material in any structure on the premises) or flom the conduct of Club's business or from any activity, work or things done, permitted or suffered by Club in or about the Subject Premises or elsewhere and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obligation on Club's part to be performed under the terms of this Lease, or arising from any negligence of the Club, or any of Club's agents, contractors, or employees, and ITom and against all cost, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against City by reason of any such claim, Club upon notice ITom City, shall defend the same at Club's expense Club, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Subject Premises arising :ITom Club operations and Club hereby waives all claims in respect thereof against City. 6 ,. /' ~ '/h b. Exemption of City from Liability. Club hereby agrees that City shall not be liable for injury to Club's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Club, Club's employees, invitees, customers, or any other person in or about the Subject Premises, nor shall City be liable for injury to the Club, Club's employees, agents or contractors, whcthcr such damage or injury is caused by or results from fire, rain, water, steam, electricity, gas, or ITom the breakage, leakage, obstruction or other defects of the land, grading, elevation of the land, pipes, wires, appliances, plumbing, or ITom any other cause, whether the said damage or injury results ITom conditions arising upon the Subject Premises or ITom other sources or places and regardless of whether the causc of such damage or injury or the means of repairing the same are inaccessible to Club. City shall not be liable for any damages arising nom any act or neglect of any other tenant, if any, of the land adjacent to the Subject Premises leased by City. c. Liability Insurance. Club shall, at Club's expense obtain and keep in force during the tcrm of this lease a policy of Bodily Injury insurance insuring City and Club against any liability arising out of the ownership, use, occupancy or maintenance of the Subject Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than $1,000,000 per occurrence. The limits of said insurance shall not, however, limit the liability of Club hereunder. d. Property Insurance. Club shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Subject Premises, in the amount of the fun replacement value thereof, as the same may exist ITom time to time, which replacement value is now $500,000, but in no event less than the total amount required by lenders having liens on the Subject Premises, against all perils included with the classification of fire, extended coverage, vandalism, malicious mischief, and special extended perils ("all risk" as such term is used in the insurance industry). Said insurance shall provide for payment of loss thereunder to City and to the holders of mortgages or deeds of trust on the Subject Premises. If the Club shall fail to procure and maintain said insurance the City may, but shall not be required to, procure and maintain the same, but at the expense of Club. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Club shall be liable for such deductible amount. e. Insurance Policies. Insurance required hereunder shall be in companies holding a "General Policyholders Rating" of at least A, or such other rating as may be required by a lender having a lien on the Subject Premises, as set forth in the most current issue of "Best's Insurance Guide." The Club shall deliver to the City copies of policies of such insurance or certificates evidencing 7 /.J' /7 the existence and amounts or such insurance with loss payable clauses as required by this Section. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to City. Club shall, at least thirty (30) days prior to the expiration of such policies, furnish City with renewals or "binders" thereof. or City may order such insurance and charge the cost thereof to Club, which amount shall be payable by Club upon demand. Club shall not do or permit to be done anything which shall invalidate the insurance policies referred to in this Section. If Club does or permits to be done anything which shall increase the cost of the insurance policies referred to in this Section, then Club shall forthwith upon City's demand reimburse City for any additional premiums attributable to any act or omission or operation of Club causing such increase in the cost of insurance. All insurance policies shan name the City as an additional insured. f. Waiver of Subrogation. Club and City each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Section, which perils occur in, on or about the Subject Premises, whether due to the negligence of City or Club or their agents, employees, contractors and/or invitecs. Club and City shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. g. Amendment The amount of coverage required by the City pursuant to this agreement may be amended by the City upon 180 days notice to Club. Fai]ure of Club to maintain said policy shall be grounds for termination ofthis lease. h. Lead Disclosure The parties acknowledge that pursuant to the Code of Federal Regulations, Section 745.223, that the Club facility may constitute a Child-occupied facility, defined by the Code as follows: A building, or a portion ofa building, constructed prior to ]978, visited regularly by the same child, six (6) years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that each days visit lasts three (3) hours and the combined weekly visits last at least six (6) hours, and the combined annual visits last at least sixty (60) hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. The parties understand the goal of the LeadBased Paint Poisoning Prevention Act (42 v.s.c. Section 4821-4846) is to eliminate, as far as practicable. the hazards of lead-based paint poisoning with respect to properties that may be occupied by children under 7 (seven) years of age. 8 /.J ,,/f The Club agrees to take aU reasonable precautions and to use reasonable care in the Subject Premises in light of the above. h. Asbestos The city knows of no friable asbestos in the Subject Premises. 15. Subleases. Club shall not sublease any portion of the building or Subject Premises without prior written approval of the Director of Parks and Recreation. 16. Entire Agreement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be binding. 17. Governing Law This Agreement has been executed in and shall be governed by the laws of the State of California. 18. Invalidity r f any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 19. Waivers The waiver by one Party of the performance of any covenant. condition or promise shall not invalidate this Agreement, nor shaH it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 20. Condemnation. 9 A./9 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUD ERBACH PARK IMPROVEMENTS (CIP NO. PR295)," AND APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020 WHEREAS, Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery annexation in 1985; and WHEREAS, the Boys and Girls Club ofChula Vista leases the recreation building located within the park and uses the field and tot lots for its members; and WHEREAS, Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis; and WHEREAS, as is the case in many of our older City neighborhood parks, there is no public restroom; and WHEREAS, over the past several years, there have been growing community concerns regarding the health and safety of the public at Lauderbach Park because of ongoing criminal activities; and WHEREAS, in response to the concerns here and at several other parks in Chula Vista, a collaborative cross-department team including the Police, Recreation, Public Works Operations, and General Services began meeting with representatives from local businesses and the Boys and Girls Club to develop strategies to improve the situation; and WHEREAS, the overall strategy includes creating safer, more attractive park amenities that will promote more family-oriented activity in the park and serve as deterrents to undesirable behavior; and WHEREAS, with the proposed park improvements, combined with enforcement strategies, the City aims to increase overall use of Lauderbach Park and its related facilities; and /;).<0 Resolution No. 2007- Page 2 WHEREAS, there is an existing lease with the Boys and Girls Club for the Lauderbach Community Center, which runs to June 1,2018; and WHEREAS, the Parks and Recreation Commission unanimously endorsed this project on January 18, 2007; and WHEREAS, the City Council Public Safety Subcommittee received a project presentation on January 17, 2007, and in a meeting at the Boys and Girls Club on February 28, 2007, where the Subcommittee generally supported moving this project ahead; and WHEREAS, the $400,000 in funding for the proposed Capital Improvements will come from a previously allocated Per Capita State Recreation Grant and transfer from an existing project (GG 188); and WHEREAS, the proposed Capital Improvements are as follows: Fencing and Signage ($35,000), Restroom ($165,000), Security Lighting ($50,000), Rubber Surface in Tot Areas ($100,000); and WHEREAS, the remaining $50,000 will be needed to cover stafftime in developing the project and contingencies during construction; and WHEREAS, staff recommends amending the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295);" and WHEREAS, staff further recommends appropriating State Recreation Grant funds in the amount of $114,020 for this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize staff to develop and implement capital improvements to enhance public health and safety at Lauderbach Neighborhood Park. A ..:< / Resolution No. 2007- Page 3 BE IT FURTHER RESOLVED the City Council does hereby amend the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295)," and appropriate State Recreation Grant funds in the amount of $114,020 for this project. Presented by Approved as to form by Dave Byers Director of Public Works Operations ~...\'~~\'\-.~ Ann Moore City Attorney J:\Anomey\RESO\FINANCE\Amend FY 07 elP Program budget - Lauderbach Nghbrhd Park_04-17-07.doc /,,2 - d ~.. RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CIP "WESTERN CHULA VISTA INFRASTRUCTURE FINANCING PROGRAM (CIP NO. GGI88)" TO PR295 IN THE AMOUNT OF $285,980 AS NECESSARY TO FULLY FUND THE PROJECT WHEREAS, the Western Chula Vista Infrastructure Financing Program was established in 2004 and included $9 million of financing for parks and drainage improvements in western Chula Vista; and WHEREAS, the drainage improvement portion ofthe program made up $4.7 million of the amount, the vast majority being utilized to rehabilitate or replace corrugated metal pipe; and WHEREAS, the balance of the funds ($4.3 million) was set aside for related projects at Harborside Park, Otay Park, and the Women's Club; and WHEREAS, work has been completed at both Harborside and Otay Parks, and only $285,980 of the bond proceeds are remaining; and WHEREAS, it has been determined that since the $285,980 in remaining bond proceeds represent less than half of what it would take to update the Women's Club (due to a 35 percent increase in construction costs dating back to January 2003), the remaining funds would not be wisely spent on the Women's Club as any improvements that could be made would be quite limited; and WHEREAS, since the remaining amount was originally set aside by the City Council for park purposes in western Chula Vista, the Lauderbach Park improvements are a better fit for the remaining bonds; and WHEREAS, the Finance Department has reviewed this change in plan to utilize the remaining funds at Lauderbach Park for compliance with the financing document and has found that the bond proceeds can be used for this purpose even though Lauderbach Park has not been identified as a specific project at the time of the financing; WHEREAS, the $400,000 in funding for the proposed Capital Improvements for PR295 will come from a previously allocated Per Capita State Recreation Grant and a transfer from an existing project (GG 188); and /:J ..)3 Resolution No. 2007- Page 2 WHEREAS, staff recommends the authorization of an interproject transfer from existing Capital Improvement Project (CIP) "Western Chula Vista infrastructure Financing Program (CIP No. GG 188)" to PR295 (Lauderbach Park Improvements) in the amount of $285,980 as necessary to fully fund the project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby authorize an interproject transfer from existing CIP "Western Chula Vista Infrastructure Financing Program (CIP No. GG 188)" to PR295 in the amount of$285,980 as necessary to fully fund the project. Presented by Approved as to form by --:> \.).~ <0(\\\ ~{,,\~ ~ Ann Moore City Attorney Michael Meacham Director, Cons. & Environmental Services J:\Attorney\RESO\FINANCE\lnterproject transfer from ClP #GG188 to PR295 - Lauderbach Nghbrhd Park_04-1 7-07.doc /.) - P;JL!