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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: February 14, 2006

Subject/Title: Approve Amendment No. 1 to the Joint Use Agreement between Liberty Union High School District and City of Brentwood for those facilities subject to the agreement and to authorize the development of rules and regulations for the subject facilities.

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Approve Amendment No. 1 to the Joint Use Agreement between Liberty Union High School
District and City of Brentwood for those facilities subject to the agreement and to authorize the
development of rules and regulations for the subject facilities.

PREVIOUS ACTION
On November 26, 2002, City Council approved the joint use agreement between the City of Brentwood and Liberty Union School District relating to joint use of facilities.

BACKGROUND
With the completion of the Liberty High School Gymnasium, staff worked with the City Attorney and Liberty Union School District staff to revise a master joint use agreement. The purpose is to establish a master agreement between the City and LUHSD that covers the legal aspects of the relationship that for the most part, would rarely require change. On August 27, 2002, City Council approved funding of $2,500,000 and yearly funding schedule for developing a joint use gymnasium and pool at Heritage High School. Heritage High School opened in July 2005. The current joint use agreement does not include the addition of Heritage High School nor a list of City Facilities/District Facilities.

FISCAL IMPACT
None

Attachments:
Amendment No. 1 with Exhibit A
Original Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NO. 1 TO THE JOINT USE AGREEMENT BETWEEN LIBERTY UNION HIGH SCHOOL DISTRICT AND CITY OF BRENTWOOD FOR THOSE FACILITIES SUBJECT TO THE AGREEMENT AND TO AUTHORIZE THE DEVELOPMENT OF RULES AND REGULATIONS FOR THE SUBJECT FACILITIES.

WHEREAS, the City Council of the City of Brentwood authorized the City Manager to enter into a Joint Use Agreement between the City of Brentwood and Liberty Union High School District on November 26, 2002; and

WHEREAS, Amendment No. 1 clarifies those facilities subject to the Joint Use Agreement; and

WHEREAS, Amendment No. 1 to the agreement shall authorize the development of rules and regulations for the subject facilities;

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby authorizes the City Manager to sign Amendment No. 1 to the joint use agreement between Liberty Union High School District and City of Brentwood.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of February 2006, by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor

ATTEST:
__________________________________
Margaret Wimberly, CMC
City Clerk

Amendment No. 1 to Agreement Between Liberty Union High School District and City of Brentwood Relating to Joint Use of Liberty Union High School Facilities and City of Brentwood Facilities

This Amendment No. 1 is entered into and effective as of the ____ day of ___________ 2006, amending the Agreement (the “Agreement”) dated November 26th, 2002 by and between the City of Brentwood, a municipal corporation, (“City”), and Liberty Union High School District (“District”) (collectively, the “Parties”) relating to the Joint Use of District Facilities and City Facilities (collectively, the “Facilities”).

Recitals

A. The Parties desire to clarify the list of those Facilities subject to the terms of the Agreement by developing a list of Facilities that will be attached to the Agreement.

B. The Parties further desire to include the Heritage High School Pool (the “Pool”) on the list of Facilities subject to the terms and conditions of the Agreement and to authorize the City Manager and District Superintendent to develop rules and regulations for use of the Pool and other subject facilities.

Now, therefore it is agreed as follows:

1. That the Agreement is amended to add Exhibit “A”, “List of Facilities,” a copy of which is attached hereto as Attachment 1.

2. Section 4 of the Agreement is amended to add the following sentence at the end of the first paragraph:

“The City Manager and District Superintendent are authorized to develop any additional rules and regulations for the Facilities that they deem necessary and those rules and regulations so developed will be subject to the terms and conditions of this Agreement.”

3. All other provisions of the Agreement will remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed by their respective representatives thereunto duly authorized.
CITY OF BRENTWOOD Liberty Union High School District

Donna Landeros, City Manager Dan Smith, Superintendent

ATTEST:

Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

Damien B. Brower, City Attorney

Exhibit A

City Facilities/District Facilities

Liberty High School Gymnasiums
Liberty High School Tennis Courts
Heritage High School Gymnasium
Heritage High School Pool
Heritage High School Tennis Courts
 

City Administration
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