(19)AR 112007 JPA Agreement - Laserfiche WebLink

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ITEM #19 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF NOVEMBER 20, 2007 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: AMER JAKHER, P.E.; P.W. DIRECTOR / CITY ENGINEER SUBJECT: AUTHORIZE EXECUTION OF THE AMENDED JOINT USE AGREEMENT WITH THE COLTON JOINT UNIFIED SCHOOL DISTRICT FOR THE USE OF EAST LOWER FIELD PARK FACILITIES AT MCKINLEY PELEMENTARY SCHOOL AND AUTHORIZATION OF THE CITY MANAGER TO SIGN THE REVISED JOINT USE AGREEMENT. DATE: NOVEMBER 13, 2007 BACKGROUND: The City of Colton has $132,956 available from an awarded Roberti Z'Berg Harris Grant, managed by the California State Department of Parks and Recreation. These funds were provided via the 2002 Resources Bond Act. The City has identified its intent to utilize these funds towards improvements at McKinley Park in its 2007/2008 Capital Improvement Program. As this park is owned by the Colton Joint Unified School District, the use of these funds at McKinley Park requires the city enter into a Joint Use Agreement with the Colton Joint Unified School District (CJUSD). Council approved such an agreement with the CJUSD on April 3, 2007; attached as Exhibit B. This agreement provided the City with a five year term that was renewable for five additional terms, for a total of twenty-five years. DISCUSSION/ANALYSIS: The total term provided for by the current agreement does meet the time requirement stated by the grant. However, upon review of the approved JUA language by the State, the City was informed that the JUA language did not provide the commitment it required for joint use park improvements. The State requires the existing JUA be amended as follows: 1) amend Section 13 to identify at least one twenty year term rather than the five year renewable terms identified and 2) amend Section 14 to identify justified defaults which would be cause for termination of the JUA, currently the JUA can be terminated without cause. Staff requests approval for execution of the revised JUA, attached as Exhibit A, to allow the City to acquire State approval to utilize available grant funds for improvements to McKinley Park. FINANCIAL IMPACT: Not applicable.