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01-0103_CAPISTRANO UNIFIED SCHOOL DISTRICT_Agenda Report_D 14 711912®®5 D 14 AGENDA REPORT TO: Dave Adams, City Manager Gel- FROM: `FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Amendment No. 1 to the Joint Facilities Use Agreement (Capistrano Unified School District) (Marco Forster Sports Field) RECOMMENDATION: By motion, approve Amendment No. 1 to the Joint Facilities Use Agreement with the Capistrano Unified School District for the Marco Forster Sports Fields. SITUATION: In January 2001, the City Council approved a Joint Facilities Use Agreement between the City and the Capistrano Unified School District (CUSD), which transferred the full maintenance responsibility for the Marco Forster Fields (Attachment 1) to the City. In exchange, CUSD is responsible for reimbursing the City $28,832.72 annually for the costs incurred for maintenance of and repairs to the fields. Heavy use of the fields has created interest in the possibility of using artificial or synthetic turf materials at the existing Marco Forster Fields. At the City Council meeting held on August 17, 2004, the City Council requested that staff research possible funding opportunities for synthetic field improvements at Marco Forster Fields. On November 2, 2004, the City Council adopted two resolutions approving applications for grant funds for Marco Forster Field Improvements to the State Urban Parks and Healthy Communities Program and the Youth Soccer and Recreation Development Program. Both of these programs are under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Pursuant to the Land Tenure Requirements of each program, a lease agreement for a period of at least twenty (20) years needs to be in place for grants exceeding $100,000. Therefore, Amendment No. 1 (Attachment 2) includes a term of twenty-five (25) years to meet this requirement. NOTIFICATION: Capistrano Unified School District AGENDA REPORT July 19, 2005 Page 2 COMMISSIONIROARD REVIEW RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable. RECOMMENDATION: By motion, approve Amendment No. 1 to the Joint Facilities Use Agreement with the Capistrano Unified School District for the Marco Forster Sports Fields. Respectfully submitted, Prepared by, Amy Amirani Kathleen Springer Public Works Director Management Analyst AA1KS:mp Attachments: 1. Location Map 2. Amendment No. 1 Location Ma 4 2 � I All ly W E 6 � S A d r) r � v r u' D I � 1 � o I C Project Location STAN",11� INV City Boundary Streets Creeks 0 3000 6000 Feet _. ........... . ....... - ATTACHMENT I AMENDMENT NO. I TO THE JOINT FACILITIES USE AGREEMENT BETWEEN CAPISTRANO UNIFIED SCHOOL DISTRICT AND CITY OF SAN JUAN CAP I STRANO This Amendment No. 1 to the Joint Facilities Use Agreement ("Agreement') is made and entered into to be effective on the_day of 1 2005, by and between the City of San Juan Capistrano ("CITY") and the Capistrano Unified School District ("DISTRICT"). WHEREAS, the CITY and DISTRICT entered into the Joint Facilities Use Agreement an January 3, 2001 to provide for improvement, maintenance and use of the sports fields at Marco Forester Middle School ("MFMS"), and WHEREAS, the purpose of the Agreementisfor the CITY and CUSD to work together to provide for outdoor athletic facilities at MFMS, to improve the sports fields, to provide for the maintenance of the sports fields, to provide for the public use, including use by community organizations, of the sports fields, and to coordinate and schedule those uses along with the uses by the CITY and CUSID, and WHEREAS, CITY and DISTRICT agree to Amendment No. 1, NOW, THEREFORE, BE IT MUTUALLY RESOLVED between the CITY and DISTRICT as follows: Section 1. Amendment. Paragraph 7, Term, is hereby amended to read as follows.- "The term of this Agreement shall be for twenty-five (25) years, commencing on the effective date of Amendment No. 1, Upon written agreement of both parties, this Agreement may be extended for an additional ten (10) year term." Section 2. Entire Agreement. All of the other terms and conditions of the original Joint Facilities Use Agreement dated January 3, 2001, shall remain in full force and effect. ATTACHMENT 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year first above written. CITY OF SAN JUAN CAPISTRANO By: Wyatt Dart, Mayor CAPISTRANO UNIFIED SCHOOL DISTRICT Ey: ATTEST.- Margaret TTEST.Margaret R. Monahan, City Clerk APPROVED AS TO FORK C) John R, Sha\41 City Attorney Page 2 of 2