HomeMy WebLinkAbout2008/09/09 Item 10
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CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
~CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SEPTEMBER 9, 2008, Item /0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE LICENSE AGREEMENT
WITH THE SAN DIEGO JUNIOR THEATRE FOR USE OF THE
CRAFT ROOM OF THE PARKWAY COMMUNITY CENTER
AND THE CHULA VISTA WOMEN'S CLUB FOR CONDUCTING
CHILDREN'S THEA TER CLASSES AND CAMPS FROM
SEPTEMBER 9, 2008 UNTIL SEPTEMBER 9, 2009 AND
AUTHORIZING THE DIRECTOR OF RECREATION TO
APPROVE TWO ONE-YEAR EXTENSIONS OF THE TERM OF /Jr
THE LICENSE AGREEMENT UNTIL SEPTEMBER 9, 2011. ~
. (l
ASSISTANT DIRECTOR REDEVELOPMENT & HOUSING /
DIRECTOR OF RECREATIO~l~~
CITY MANAGER
~\!I 415TffS VOTE, YES n NO 0
SUMMARY
The San Diego Junior Theatre (SDH) has provided perfonning aJ.1S classes and camps in Chula
Vista since 2002. For nearly a year, City staff has been working to identify possible facilities that
could accommodate the classes, CaITIpS and performances that the SDJT provides. In exchange for
use of certain City facilities, the SDn will pay the City 25% of gross revenue earned from
registration fees and ticket sales for all Chula Vista classes and CaITIps.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activiry for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activiry is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it does not
involve a physical change to the environment: therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Adopt the resolution.
Not Applicable.
BOARDS/COMMISSION RECOMMENDATION.
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SEPTEMBER 9, 2008, Item~
Page 2 of 3
DISCUSSION
San Diego Junior Theatre originally be*an as a community program of the San Diego Old Globe
Theatre and recently celebrated its 60' season. Today, the SDJT is an independent nonprofit
organization that provides the oldest continuing children's theatre program in the country. The
SDJT's primary location is in Balboa Park with services also provided at the YMCA in La Jolla.
Since October of 2002 the SDJT has served thousands of South Bay children at their Chula Vista
location through more than 200 classes and 50 summer and holiday camps, and they have
performed more than 20 productions.
F or the last six years the SDJT has been offering classes at a location on Third A venue in
downtown Chula Vista, however, nearly one year ago, they approached the City about a possible
partnership to provide a new location for their program. City staff has been working with the
SDJT to identify possible locations for both classes and performances. The City's Recreation
Department has identified available space at the Chula Vista Women's Club and Parkway
Community Center for classes and camps. The proposed use of these facilities is further
described below:
Dav Time Facility
Mondays 2:30-6:00 pm CV Women's Club
Tuesda ys 2:30-6:00 pm Parkway Community Center
Wednesdays 2:30-6:00 pm CV Women's Club
Th ursda ys 2:30-6:00 pm CV Women's Club
Fridays /:30-6:00 pm Parkway Community Center
,
In exchange for use of City facilities, the SDJT will pay the City 25% of the gross revenue
eamed from the registration fees for classes and camps in Chula Vista. Based upon an average of
the last four years of SDJT's revenue and expenses, it is estimated that the City's Recreation
Department will receive approximately $ I 3,000 annually for use of its facilities. This
partnership is mutually beneficial as it provides support for the SDJT to continue to provide
instruction in theatre arts for school-aged children utilizing existing City facilities while
generating revenue for the Recreation Department. This arrangement is identical to that of the
SDJT and the La Jolla Branch of the YMCA and is predicated upon the concept that the better
attended the SDJT programs are the better the City does.
The City has not identified space for performances however staff is continuing to work with the
SDJT to identify possible locations. Should city facilities become available for perfom1ances,
and the City agrees to allow this use, the SDJT would provide payment to the City at a rate of
25% of gross ticket sales with a minimum annual payment of two thousand five hundred dollars
($2,500). Based upon an average of the last four years revenue, the City would potentially
generate an additional $4,500 annually through performances.
The Revenue Sharing Agreement shall be for a twelve-month period beginning September 9,
2008. Staff is requesting that the Director of Recreation be authorized to enter into two one-year
extensions for a term ending September 9, 20 II.
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SEPTEMBER 9, 2008, Item~
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Castaneda has property holdings within 500 feet of the Parkway
Community Center and the Chula Vista Women's Club, which are the subject of this action.
FISCAL IMPACT
The approval of this agreement will result in increased revenue of approximately $13 ,000
annually to the City through the license agreement with the SDJT. There may be a minimal
tiscal impact to implement a regular cleaning schedule by custodial staff for maintenance of the
Parkway Community Center and the Chula Vista Women's Club.
ATTACHMENT
1. License Agreement
Prepared by: Diem Do, Senior Project Coordinator, Redevelopment Agency and Housing Au~hority
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RESOLUT10N NO. :2008-
RESOLUTION OF THE crTY COUNCfL OF THE CITY OF CHULA
V1STA APPROVING THE LICENSE AGREEMENT WLTH THE SAN
DIEGO JUNIOR THEATRE FOR USE OF THE CRAFT ROOM OF
THE PARKWAY COMMUNfTY CENTER AND THE CHULA VISTA
WOMEN'S CLUB FOR CONDUCTfNG CHILDREN'S THEATER
CLASSES i\ND CAMPS FROM SEPTEMBER 9, 2008 UNTlL'
SEPTEMBER 9, 2009 AND AUTHOR1ZfNG THE DfRECTOR OF
RECREATfON TO APPROVE TWO ONE-YEAR EXTENSIONS OF
THE TERM OF THE LICENSE AGREEMENT UNTlL SEPTEMBER 9,
201 I.
WHEREAS, the City of Chula Vista supports theater arts in the South Bay; and
WHEREAS, San Diego Junior Theatre has provided children's theater education and
productions in Chula Vista since 2002; and
WHEREAS, the San Diego Junior Theatre wishes to relocate its classroom and
performance space in Chula Vista; and
WHEREAS, the City has identified the Craft Room at the Parkway Community Center at
373 Park Way and the Chula Vista Women's Club at 357 G Street as locations where classes and
camps may be conducted; ai1d
WHEREAS, pursuant to the License Agreement, the San Diego Junior Theatre will pay
the City twenty-five percent (25%) of the gross revenue earned from enrollment fees from its
classes and camps held in these City-ownecll~\cilities; and
WHEREAS, the License Agreement is for a one year tenTI beginning September 9,2008,
and ending on September 9,2009,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
I. That it approves the License Agreement with the San Diego Junior Theatre for
use of the Craft Room of the Parkway Community Center and the Chula Vista
\'lomen's Club for conducting children's theater classes and camps tl'om
September 9,2008 LLntll September 9,2009.
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2.
Thm it authorizes the Director of Recreation to approve two one-year
extensions of the term of the License Agreement until September 9.20 ll.
Presented by
Approved as to form by
Eric Crockett
Assistant Director of
Redevelopment Agency and Housing Authority
i~;"--,. ()Lv~ ~
Bali Miesfeld . (! . -
Interim City Attornev
J:\i-\lli1rney\FINAL RESOS\2()():)\()() (JlJ U:;;\JI' Th~:Jler Resnlut:t111.dlll.:
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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',..-c-:~~ I- \ ~~~ 1<-'/,-
Bart C. Miesfeld (j
Interim City Attorney
Dated:
1/J/D~
License Agreement between the City of Chula Vista and
San Diego Junior Theatre for
the Craft Room at 373 Park Way, Chula Vista, CA 91910, and
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the Chu1a Vista Women's Club at 357 G Street, Chula Vista, CA 91910
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LICENSE AGREEMENT
This License Agreement is made and entered into this day of
2008 between the CITY OF CHULA VISTA, a municipal corporation ("City") and SAN
DIEGO JUNIOR THEATRE, a 501(C)(3) nonprofit corporation ("SDn").
RECITALS
A. SDJT has provided children's theater education and productions 111 San Diego
County for 60 years.
B. City and SDn desire to collaborate in providing children's theater classes and
camps at certain City facilities.
C. City and SDn will continue to work cooperatively to identify possible City
facilities for productions.'Should productions be conducted at a City facility, this License
Agreement will be amended and the City shall be compensated at a rate similar to the rate
described in this Agreement.
AGREEMENT
City and SDn agree as follows:
I. !Ught to Enter. The City grants SDn the right to enter upon City-owned property
located at 373 Park Way, Chula Vista, California 91910, specifically, the Craft Room of
the Parkway Community Center, consisting of approximately 580 square feet. City also
grants SDn the right to enter upon City-owned property located at 357 G Street, Chula
Vista, California 91910, specifically, the Chula Vista Women's Club, consisting of
approximately 1,860 square feet (together, the "Premises"). Pelmission to enter and use
the Premises is conditioned upon the terms set forth below.
2. Use of the Premises. Prior to the beginning of each class/camp session, SDn
shall obtain a Facility Permit from the City. SDn shall have the exclusive use of'the
Premises for the purpose of conducting children's theater classes and camps and for no
other purposes. SDn shall have exclusive use of the Women's Club beginning
September 15, 2008, on Mondays, Wednesdays, and Thursdays from 2:30 p.m. until
6:00 p.m. and at no other times. SDJT shall have the exclusive use of the Craft Room at
the Parkway Community Center beginning September 16, 2008, on Tuesdays and Fridays
from 2:30 p.m. until 6:00 p.m. and at no other times.
SDn shall have the use of the Premises including all furniture, tixtures and
equipment listed on the attached Exhibit A.
SDn shall determine the number of participants for each class and camp at the
Premises to maximize emollment and participation. However, son shall not allow more
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than 100 persons in the Women's Cub at any time and shall not allow more than
65 persons in the Craft Room of the Parkway Community Cenrer at any time.
3. Storage. SOH shall have the use of a portion of the Women's Club outdoor
storage room for storage during the term of this License Agreement. The size of the
storage space is approximately four feet high, three feet wide and one and one-half feet
deep. SOH shall not store any materials of any kind in the Craft Room of the Parkway
Community Center or anywhere else in the Women's Club. SOlT agrees that the City is
not responsible for any materials stored by SOH in this space. SOH waives any claims
against the City for the loss or destruction of any item or material stored by SOH in this
storage space.
4. License Fee. SOH shall pay the City twenty-five percent (25%) of the total
tuition and fees for each of the following: (a) the falllO-week class/camp session; (b) the
winter I a-week class/camp session; (c) the spring 1 a-week class/camp session; and,
(d) the summer 10-week class/camp session. SOH shall notifY the City at least thirty (30)
days before cancellation of any class/camp session.
5. Pavment of License Fee. Within thirty (30) days of the close of em-ollment of
each la-week class/camp session listed above, SOH shilll submit to the City, in a form
approved by the City, a detailed report of the em-ollment, tuition, and fees received by
SOH for that 10-week class/camp session. SOH shall include a check payable to the
City ofChula Vista for twenty-five percent (25%) ofthat total amount.
,
6. Complimentarv Tuition or Fees. SOH shall not waive tuition and/or fees or grant
any free or complimentary classes or camps for any participant in any class or camp, or
grant any other free benefit to any participant without the express wTitten consent of the
City.
7. Term. This License Agreement is effective on September 9, 2008, and shall
terminate on September 9, 2009, unless terminated earlier. Either Party may terminate
this License Agreement for any reason upon sixty (60) days written notice to the other
Party.
8. Insurance. SOH, at its sole cost and expense, and for the duration of the
agreement, shall obtain and maintain the following:
A. Minimum Scope of Insurance.
Coverage must be at least as broad as:
i) Insurance Services Office Commercial General Liability coverage
(occurrence Form CGOOO I)
ii) Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance, if applicable.
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iii) Property insurance against all risks of loss to any tenant improvements or
betterments, if applicable.
B. Minimum Limits of Insurance.
SDJT must maintain limits no less than:
i) General Liability:
(Including operations,
products and completed
operations, as applicable.)
ii) Workers' Compensation
Employer's Liability:
where applicable
iii) Property Insurance
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is used,
either the general aggregate limit must apply separately to
this project/location or the general aggregate limit must be
twice the required OCCUlTence limit.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Full Replacement Cost with no CO-1l1surance penalty
provision, where applicable
C. Deductibles and Self- Insured Retentions.
,
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer will reduce or eliminate such
deductibles or self-insured retentions as they pertain to the City, its officers,
officials, employees and volunteers; or the SDJT will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
D. Other Insunince Provisions.
The general liability, and where appropriate, the Worker's Compensation policies
are to contain, or be endorsed to contain, the following provisions:
i) The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of ownership, maintenance or use of that part of the premises
used by the SDJT. The General liability Additional Insured coverage must
be provided in the form of an endorsement to the SDJT's insurance using
ISO CG20l0 (l0/01) or its equivalent.
ii) For any claims related to a project, the SDJrs insurance coverage must be
primary insurance as it pertains to the City, its officers, officials,
employees, agents, and volunteers. Any insurance or self-insurance
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maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance of the SDJT and in no way relieves the
SDJT from its responsibility to provide insurance.
iii) Each insurance policy required by this clause must be endorsed to state
that coverage will not be canceled by either party, except after thirty (30)
days' prior written notice to the City by certified mail, return receipt
requested.
iv) Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured w!"lUld be invalid under Subdivision (b)
of Section 2782 of the Civil Code.
v) SDJT's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this
agreement.
E. Acceptability ofInsurers.
Insurance is to be placed with licensed insurers admitted to transact business in
the State of California with a current A.M. Best's rating of no less than A V. If
insurance is placed with a Surplus Lines insurer, insurer must be listed on the
State of California List of Eligible Surplus ,Lines Insurers CLESLI") with a
current A.M. Best's rating of no less than A: X. An exception may be made for
the State Compensation Fund when not specifically rated.
F. Verification of Coverage.
SDJT must furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements
should be on forms provided by the City or on insurance industry forms, provided
those endorsements or policies conform to the requirements. All certificates and
endorsements are to be received and approved by the City before activity
commences. The City reserves the right to require, at any time, complete, certified
copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
9. Indemnitv. SDJT shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts, errors or omissions or the
willful misconduct of SDJT, and SDJT's officers, directors, employees, participants,
patrons, invitees, or other persons, in connection with the use of City-owned property
contemplated by this Agreement, except only for those claims, damages, liability, costs
and expenses (including without limitations, attorneys fees) arising from the sole
negligence or sole willful misconduct of the City, its officers, employees. Also covered is
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liability arising from, connected with, caused by or claimed to be caused by the active or
passive negligent acts or omissions of the City, its agents, officers, or employees which
may be in combination with the active or passive negligent acts or omissions of SDJT, its
otlicers; directors, employees, participants, patrons, invitees, or any third party.
SDJT's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. SDJT's obligations under this
Section shall not be limited by any prior or subsequent declaration by the SDJT. SDJT's
obligations under this Section shall survive the termination ofthis Agreement.
10. No Assignment. SDJT shall not assign any rights or interest granted by this
License Agreement to any person or entity.
II. Revocable License. This License Agreement is not a lease. It is a license to use
City property, revocable by the City pursuant to Section 6 of this Agreement. SDJT
agrees that the City shall not be obligated for any loss, tlnancial or otherwise, which may
be incurred by SDJT as a result of the termination of this License Agreement. SDJT
waives any claim for expense or loss which SDJT might incur as a result of termination
of this License Agreement. City shall have the right to enter upon the Premises during
SDJT's use of the Premises in the City's sole discretion.
12. Compliance with Citv Direction and Laws. SDJT shall obey the directions of any
City employee in connection with the use of the Premi?es. SDJT shall, at its sole cost and
expense, comply with all [he requirements of all municipal, state, federal authorities now
in effect or which may be in effect in the future which pertain to the Premises.
13. Condition of the Premises. SDJT shall not bring on to the Premises, or allow on
the Premises, any hazardous material or substance as defined by any municipal, state, or
federal authority. SDJT shall not allow the consumption of alcohol, smoking, the use of
candles, or any other open fires on the Premises. SDJT shall restore .the Premises to its
original condition and configuration and leave the Premises clean and orderly after each
use.
14. Sims. No signs shall be displayed on the Premises, or on City-owned property
near the Premises, without the prior wTitten consent of the Director of Recreation.
15. Waiver. The failure of the City to insist upon strict per.formance by SDJT of any
condition of this License Agreement, in one or more instances, shall not be construed as a
waiver of any such condition, and the condition shall remain in full force and effect.
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16. Promotional Materials. Each Party grants permission to the other Party to use its
approved name, likeness and logo in promotional and advertising materials in any form
or media during the term of this License Agreement. Each Party shall supply the other
Party with approved names, likenesses and logos when requested. Each Party shall have
the opportunity to review promotional and advertising materials in which its nlline,
likeness andlor logo may appear prior to the publication of such materials. Such materials
shall not be published without the prior approval of both Parties, and such approval shall
not be unreasonably withheld.
17. Notices.
Notices to the City shall be mailed to:
City ofChula Vista
Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Frank Carson, Recreation Supervisor
Notices to SDJT shall be mailed to:
San Diego Junior Theatre
1650 EI Prado, Suite 208
San Diego, CA 9210 I ,
Attention: Will Neblett, Executive Director
18. Entire Agreement. This License Agreement constitutes the entire agreement
between the Parties, and there are no promises, representations, agreements, warranties or
inducements, either expressed orally or implied, except as set forth in this Agreement.
This License Agreement may not be changed or amended except by a written document
executed by both Parties.
(END OF AGREEMENT. NEXT PAGE IS SIGNATURE PAGE.)
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1 7. Entire Agreement. This License Agreement constitutes the entire agreement
between the Parties, and there are no promises, representations, agreements, warranties or
inducements, either expressed orally or implied, except as set forth in this Agreement.
This License Agreement may not be changed or amended except by a written document
executed by both Parties.
Dated; "r /27 /0 ~
I I
SAN DIEGO JUNIOR THEATRE
BY;~~
Will Neblett
Executive Director
Dated;
ClTY OF CHULA VISTA
By:
Cheryl Cox
Mayor
l:\Attorney\ELISA\AGREEMENTS\Junior Theater License Agreement Draft 2.doc
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EXHIBIT A
FURt"'ITliRE, FIXTURE AND EQUIPMENT LIST
Chula Vista Women's Club
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tern arne escnptlOn tv
1 8' Straight Tables Metal - Seat Approx. 8-10 16
2 6' Straight Tables Metal - Seat Approx. 6-8 12
3 5' Diameter Round Tables Metal - Seat Approx. 8-10 15
4 Card Tables Seat 4 10
5 Folding Chairs Brown Plastic 22
6 Folding Chairs Metal 21
7 Folding Chairs Metal WI Cushion 162
8 Folding Chairs Metal WI Super Cushion 36
Parkway Community Center-Craft Room
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em arne escnpnon
5' Straight Tables for Preschoolers Metal- Seat Approx. 6-8 Preschoolers 4
6' Straight Tables Metal - Seat Approx. 6-8 17
Chairs for Preschoolers Various Colors (Blue, Yellow, and Red) 42
Folding Chairs Brown Plastic 20
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