Loading...
HomeMy WebLinkAbout2012 003 CC RESO RESOLUTION NO. 2012-003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ASSIGNING RIGHT TO APPLY FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT CITIES EXCESS FUNDS TO THE TRUST FOR PUBLIC LAND FOR THE FITNESS ZONE AT MORGAN PARK PROJECT WHEREAS, the people of the County of Los Angeles on November 3, 1992, and on November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks Propositions (the Propositions), which among other uses, provide funds to public agencies and nonprofit organizations in the County for the purpose of acquisition, development and/or rehabilitation of facilities and open space for public recreation; WHEREAS, the Propositions also created the Los Angeles County Regional Park and Open Space District(the District)to administer said funds; WHEREAS, the Trust for Public Land (TPL) is requesting the City of Baldwin Park (the City) assign the right to apply for $25,000.00 in First Supervisorial District Cities Excess Funds to TPL for the Fitness Zone at Morgan Park Project; WHEREAS, the project consists of purchase and installation of an outdoor fitness equipment course, including site preparation, concrete curbing, and bilingual information signs; and WHEREAS, Morgan Park is owned and operated by the City, and the Fitness Zone at Morgan Park Project will enhance safe and accessible recreational opportunities in the City and benefit other County residents in the First Supervisorial District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:: Section 1. Subject to the parties execution and compliance with the agreement attached hereto as Exhibit A, the City Council hereby assigns to the Trust for Public Land the right to apply for Twenty-fine Thousand Dollars ($25,000.00) in Proposition A Cities Excess Funds available to the First Supervisorial District for the Fitness Zone at Morgan Park Project. Section 2. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND ADOPTED this 18th day of January, 2012. AlLS ilf�a .� ATTEST: STATE OF CALIFORNIA ■ COUNTY OF LOS ANGELES , ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on the 18th day of I January, 2012 by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio, Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE at /4/ ALEJAN AVILA CITY CLERK RIGHT OF ENTRY PERMIT AND LICENSE AGREEMENT FOR EXERCISE EQUIPMENT INSTALLATION Morgan Park (TRUST FOR PUBLIC LAND— FITNESS ZONES) Licensee: The Trust for Public Land City of Baldwin Park Tori Kjer, Program Manager Manuel Carrillo, Jr. Director of The Trust for Public Land Recreation and Community Services The Los Angeles River Center 4100 Baldwin Park Blvd 570 West Avenue 26, Suite 300 Baldwin Park, CA 91706 Los Angeles, CA 90065 Office (626) 813-5245 Ext. 314 Office (323) 223-0441 Ext. 11 Fax (626) 814-2998 Fax (323) 223-2978 RECITALS This Right of Entry Permit and License Agreement ("Agreement") for exercise equipment installation is made and entered into between The Trust for Public Land ("TPL" or "Licensee") and the City of Baldwin Park (City) as of January 18, 2012 with respect to the following facts: A. City operates and maintains real property consisting of one (1) City park more commonly known as: Morgan Park (if more than one site, each is referred to individually and collectively herein as a "Park") B. TPL is a national non-profit land conservation organization that has as one of its initiatives the "Parks for People" program, which assists local communities to build new parks in their neighborhoods; one part of the Parks for People program is installation of exercise equipment ("Equipment")to provide "Fitness Zones" in local parks for the use of area residents. C. This Agreement contains the terms pursuant to which TPL and City have agreed to have TPL install Fitness Zone(s) on the Park, including (i) a Right of Entry Permit and License for TPL, TPL's contractor and their agents and employees to enter the Park and install the Equipment; (ii) TPL's purchase and installation of the Equipment; (iii) City acceptance of the Equipment installations; (iv) assignment by TPL and City's assumption of responsibility for the Equipment and the Fitness Zone installation following acceptance; and (v) assignment of the Equipment warranties to City. D. The location in the Park where TPL will install the Equipment is shown on Exhibit "A" (Aerial photographs and Layout of Fitness Zone); the Equipment that TPL shall install is identified in Exhibit "B" (Greenfield Sport Parks Equipment List); Equipment specifications are contained in Exhibit "C" (Greenfield Sport Parks Equipment Specifications); and the form for City's acceptance of the Equipment installation and assignment by TPL of the Equipment warranties is contained in Exhibit "D" ("Form of Acceptance of Installation and Request for Assignment of Equipment Warranty"), all of said Exhibits being attached to this Agreement and incorporated herein. E. TPL shall be reimbursed for its expenses in installing the Equipment in accordance with the terms of the Grant Agreement. F. In support of TPL's Parks for People Program, TPL has received a grant from Los Angeles County Regional Park and Open Space District dated pending ("Grant Agreement"), the Grant Agreement is attached hereto as Exhibit "E" and incorporated herein.] NOW, THEREFORE, in consideration of the foregoing promises, the parties mutually agree as follows: 1. GRANT OF LICENSE: Licensee, its employees, contractors and agents, after execution of this Agreement by the City of Baldwin Park Director of Recreation and Community Services, is hereby granted a license and permit to access the areas of the Park depicted on Exhibit "A" for the purpose of installing the Equipment in accordance with the terms of this Agreement. 2. TERM: This Agreement shall become effective upon full execution and delivery hereof by the parties (the "Effective Date"). This Agreement shall expire on the date upon which warranties for all Equipment are assigned by TPL to City, as described in Section 8 below, except as may be otherwise provided in this Agreement. In no event, however, shall the term of this Agreement extend beyond one (1) year, unless mutually agreed upon, in writing, by the parties. Notwithstanding any other provision herein, and regardless of the manner or duration of use of the Park by Licensee, City shall have the right to terminate this Agreement, if after giving five-business-days' (5-business-days') notice of grounds constituting violation of this Agreement, Licensee has failed to cure such grounds or, in the event the nature of the grounds for termination are such that more than five (5) business days is required to effect a cure, if within such five (5) business days Licensee has failed to commence such cure and fails to diligently pursue it thereafter and completed that cure within thirty (30) days. Any notice hereunder to Licensee may be given by delivering the same to Licensee's Program Manager personally or by mailing the same addressed to Licensee at the address herein given for notices. Upon any termination of this Agreement by revocation or otherwise, Licensee shall promptly restore the Park to a condition equal to the surrounding area, to the satisfaction of City. In the event of Page 2 Licensee's failure to do so, the City may restore said Park entirely at the risk and expense of Licensee. 3. PAYMENTS. TPL shall contract for and be fully responsible for all payments to its contractors for the cost of acquisition and delivery of the Equipment, including the installation and construction thereof at the Park. TPL will pay prevailing wages when required by Labor Code Sections 1720 et seq. Upon receipt from City of the Notice of Acceptance described in Section 8, TPL shall seek reimbursement from Los Angeles County Regional and Open Space District of up to the full amount authorized by the Grant Agreement based upon presentation of acceptable evidence of its expenses. 4. CONSTRUCTION MANAGEMENT. TPL will provide general management of construction activity, including, but not limited to, scheduling construction activity in accordance with City's direction, insuring construction meets the terms of this Agreement, the Entry Permit and any grant agreements, conducting progress meetings, providing meeting minutes and coordinating communications between all parties. The Equipment TPL shall install is identified in Exhibit "B" (Greenfield Sport Parks Equipment List); the Equipment specifications are contained in Exhibit "C" (Greenfield Sport Parks Equipment Specifications). City staff will participate in the scheduled progress meetings to keep abreast of construction activity and to insure that work complies with the terms this Agreement. In connection herewith, TPL shall: A. Comply with and abide by all applicable rules, regulations and directions of City, including, but not limited to, the scheduling of construction activity. B. Comply with all applicable City ordinances, State and Federal laws, and in the course thereof obtain and keep in effect all permits and licenses required to conduct the permitted activities on the Park. C. Conduct licensed activities only during park hours, Monday through Friday. Weekend work or work on City holidays is not permitted. Licensee's Program Manager shall contact Manny Carrillo, Recreation and Community Services Director(the City's Representative), two (2) days prior to Licensee's initial access to the respective park, in regard to all access and permitted activities, and in the event of emergencies: Monica Killen, Program Supervisor (626) 813-5268 D. Maintain to City's satisfaction the Park and surrounding area in a safe and sound condition, free from danger, injury or threat of harm to the public, and as to prevent the existence of an attractive nuisance and have the Equipment installed in a satisfactorily and proper manner. Page 3 E. Assume the risks and bear all costs of damage or destruction, and loss due to theft, burglary or vandalism to any and all of Licensee's equipment, materials, tools, and vehicles owned, hired, leased, or used by Licensee for this Entry Permit, except to the extent that such damage or destruction and loss result from the negligence or willful misconduct of City. F. Field verify utility locations prior to conducting permitted activities and repair or replace any and all parks' property lost, damaged, or destroyed as a result of, and either directly or indirectly connected with work done pursuant to this Entry Permit with due diligence and speed. Following notification from Licensee, City shall remove turf and re-route all irrigation and utility lines to avoid interference with installation of the Equipment. Licensee shall promptly notify the City's Representative in the event of damage caused by Licensee's activities to the Park, the Park's equipment, and/or improvements, including landscaped areas. If Licensee fails to make prompt and adequate repairs after notice by City of damage, loss or destruction of Park property, then City may have repairs made and Licensee shall pay all direct and indirect costs for those repairs. G. Provide all safety and security signs, barricades, pedestrian and traffic cones, lights and other related safety fixtures or measures which will forewarn the public of the existence of any hazards related to the licensed activities, and of any detours necessary to prevent vehicular and/or personal injury or property damage accidents due to Licensee's activities. H. Bear the sole cost and expense of all work performed by and on behalf of Licensee. I. Keep a responsible representative at the Park during all work hours. J. Pay for all costs, fees or charges for the application, installation, maintenance, or use of any utilities or services required in the exercise of the permission herein given. 5. REPAIR OF DAMAGES. . In addition to TPL's other responsibilities under this Agreement, if TPL becomes aware any portion of the Park is damaged or threatened by any of the activities of TPL or anyone acting by or through TPL hereunder, with the exception of any disturbance of the Park necessary to install the Equipment, then TPL shall promptly notify the City Representative of such damage or threat by email or hand delivery. TPL shall remedy any and all such damage or threat and restore the Park to its previous condition, subject to City's approval. Page 4 6. INDEMNIFICATION. During the term of this Agreement but prior to issuance by City of the Acceptance Letter pursuant to Section 8 of this Agreement, TPL shall indemnify, defend and hold harmless the City, its elected and appointed officers, employees and agents (collectively, City Indemnified Parties)from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorneys' and expert witness' fees) arising from or connected with TPL's or any of its officers', employees' or agents' acts or omissions arising from or related to this Agreement except and to the extent that such liability or claim is the direct or indirect result of any act of or any omission to perform some duty imposed by law or agreement on any of the City Indemnified Parties, in which instance, City shall defend, indemnify and hold harmless TPL, its officers, agents and employees. Following issuance by City of the Acceptance Letter pursuant to Section 8 of this Agreement, City shall indemnify and save harmless TPL, its officers, agents, employees and contractors, from any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorneys' and expert witness fees), and claims thereof for injury to or death of a person or loss of or damage to property, resulting directly or indirectly from any activity or use of the Equipment, except and to the extent where such liability or claim is the direct or indirect result of any act of or any omission to perform some duty imposed by law or agreement on TPL and its officers, agents, and employees, or contractor(s), in which instance, TPL shall defend, indemnify and save harmless City Indemnified Parties. The terms of this paragraph shall survive the termination or expiration of this Agreement. TPL shall also have each of its contractors indemnify, defend and hold harmless the City Indemnified Parties from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorneys' and expert witness' fees) arising from or connected with the contractor's or any of the contractor's officers', employees' or agents' acts or omissions arising from or related to this Agreement. 7. Insurance Requirements. TPL shall provide and maintain and shall require its contractors to maintain the programs of insurance described below until the first to occur of (i) issuance by City of the Acceptance Letter pursuant to Section 8 of this Agreement, or (ii) termination of this Agreement. Such insurance shall be primary to and not contributing with any other insurance or self-insurance programs maintained by City and, such coverage shall be provided and maintained at TPL's own expense. Evidence of Insurance. TPL shall deliver certificate(s) or other evidence of coverage satisfactory to the City's Risk Manager prior to commencing services under ihisAgreement Such certificates or other evidence shall: i. Specifically identify this Agreement; Page 5 ii. Clearly evidence all insurance required in this Agreement, which shall be primary and non-contributory and include a severability of interests provision; Hi. Contain the express condition City is to be given written notice by mail at least thirty (30) days in advance of cancellation for all policies evidenced on the certificate of insurance; iv. Include copies of the additional insured endorsement to the commercial general liability policy, adding the City Indemnified Parties as additional insured for all activities arising from this Agreement or showing proof the policy already includes such a provision; v. Identify any deductibles or self-insured retentions for City's approval. City retains the right to require TPL to reduce or eliminate such deductibles or self-insured retentions as they apply to City, or, require TPL to provide a bond guaranteeing payment of all such retained losses and related costs, including but not limited to, expenses or fees, or both, related to investigations, claims, administrations, and legal defense. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. A. Insurer Financial Ratings. Insurance is to be provided by an insurance company acceptable to City, with an A.M. Best rating of not less than A: VII, unless otherwise approved by City. B. Failure to Maintain Coverage. Failure by TPL to maintain the required insurance, or to provide evidence of insurance coverage acceptable to City, shall constitute a material breach of this Agreement upon which City may immediately terminate or suspend this Agreement. C. Notification of Incidents, Claims or Suits, TPL shall report to City: i. Any accident or incident relating to services performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against TPL and/or City. Such report shall be made in writing within 24 hours of occurrence. ii. Any third party claim or lawsuit filed against TPL arising from or related to services performed by TPL under this Agreement. Hi. Any injury to a TPL or sub-contractor employee, which occurs on the Page 6 Parks. This report shall be submitted on a City "Non-employee Injury Report" to the Chief of Planning. iv. Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of City property, monies or securities entrusted to TPL under the terms of this Agreement. D. Compensation for City Costs. In the event TPL fails to comply with any of the indemnification or insurance requirements of this Agreement, and such failure to comply results in any costs to City, then TPL shall pay full compensation for all costs incurred by City. E. Insurance Coverage Requirements for Contractors. TPL shall ensure any of its contractors performing services under this Agreement meet the insurance requirements of this Agreement by either: i. Providing evidence of insurance covering the activities of contractors, or H. Providing insurance certificates and additional insured notices submitted by contractors evidencing that contractors maintain the required insurance coverage. City retains the right to obtain copies of evidence of contractor's insurance coverage at any time. F. Policy Requirements. i. General Liability insurance with limits of not less than the following: General Aggregate: $2 Million Products/Completed Operations Aggregate: $1 Million Personal and Advertising Injury: $1 Million Each Occurrence: $1 Million H Automobile Liability insurance with a limit of liability of not less than $1 Million for each accident. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for"any auto". iii. Workers Compensation and Employers' Liability insurance, providing workers compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which TPL is responsible. In all cases, this insurance also shall include Employers' Liability coverage with limits of not less than the following: Each Accident: $1 Million Page 7 8. FINAL ACCEPTANCE OF INSTALLATION AND ASSIGNMENT OF EQUIPMENT WARRANTY. A. TPL, as it completes installation of the Equipment in fitness zones at the Park, shall notify the City's representative, it is ready to have the installation inspected by City. Within fifteen (15) City business days after receipt of that notice, as provided pursuant to Section 9, below, City shall inspect the installation and reasonably determine whether the installation has been installed in accordance with this Agreement and to a level of quality and workmanship for City to issue its notice of acceptance of installation ("Acceptance Letter") in the form attached hereto as Exhibit D. If the installation is unacceptable, then within ten (10) City business days after inspection, City shall provide TPL with a list of items that need to be corrected in order for City to issue its Acceptance Letter, or issuance of the Acceptance Letter will be delayed until the items on the list are corrected. The Acceptance Letter shall be signed by the City's Representative and addressed to the TPL Program Manager identified in Section 9, and counter- signed by TPL. The Acceptance Letter shall identify by name the Park for which Equipment installation is being accepted and request TPL to forward its Assignment of Equipment Warranty for the Park pursuant to Section 8B, below. B. Upon receipt of the Acceptance Letter, TPL shall obtain the consent of the manufacturer of the Equipment for assignment to City and, by means of acknowledgement of the Acceptance Letter, assign any and all warranties it received from the manufacturer of the Equipment. In addition to any certificates of warranties provided by the Equipment manufacturer to TPL, TPL shall provide copies of invoices for the Equipment acquisition and installation at the Park in order for City to make claims under the terms of said warranty. C. If necessary, in City's discretion, then there can be more than one Notice of Acceptance of Equipment Installation, for the Equipment. 9. NOTICES: Notices desired or required by this Agreement or by any law now or hereinafter in effect are deemed given when sent by U.S. Postal Service Certified Mail or by a reliable over-night courier with postage or charges prepaid to TPL as follows: Ms. Tori Kjer, Program Manager The Trust for Public Land Los Angeles River Center 570 West Avenue 26, Suite 300 Los Angeles, CA 90065 or such other place in California as may hereinafter be designated in writing by TPL. Page 8 Notices to City, and Certificates of Insurance and/or Self-Insurance, and assignments of warranties and Equipment invoices, and envelopes containing the same shall be addressed to: City of Baldwin Park Manny Carrillo, Jr. Director of Recreation and Community Services 4100 Baldwin Park Blvd Baldwin Park, CA 91706 or such other manner as may hereinafter be designated in writing by City. 10. CEQA COMPLIANCE: City is designated as the lead agency for purpose of compliance with the California Environmental Quality Act, as set forth at Public Resource Code §§ 21000, et seq. ("CEQA") as to this Agreement and shall comply with all CEQA requirements. City has determined TPL's activities are categorically exempt from review under the provisions of CEQA, and City, as the lead agency, will file a Notice of Exemption with the Los Angeles County Clerk. 11. INDEPENDENT STATUS: This Agreement is by and between City and TPL. It is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association as between City and TPL. TPL understands and agrees to bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed on behalf of TPL pursuant to this Agreement. 12. EMPLOYEES: All references to "TPL" herein are deemed to include the employees, agents, prime contractor and subcontractors of any tier, and anyone else required under written contract with the TPL to access the Park. 13. LIMITATIONS: It is expressly understood in permitting the right to use the Park, no estate or interest in real property is being conveyed to Licensee, and the right to use is only a nonexclusive, revocable and unassignable permission to use the Park in accordance with the terms and conditions of this Entry Permit. However, if a determination is made property taxes are assessed as a result of this Agreement, then TPL shall be responsible for payment of those taxes. If Licensee attempts to assign or transfer its rights under this Entry Permit in whole or part, then all rights hereunder shall immediately terminate. 14. AMENDMENTS: No amendment of this Agreement will be binding unless in writing and signed by the parties. 15. MAINTENANCE. City will be responsible for the maintenance, removal or Page 9 replacement of the Fitness Zone and the Equipment in its sole discretion after execution by City of an Acceptance Letter for a Park, and neither TPL nor its agents or contractors shall have any further responsibility therefore, except as may be otherwise provided by any warranties provided by TPL's contractors applicable to the Equipment pursuant to Section 8, above. 16. ASSIGNMENT: This Agreement is personal to TPL, and in the event TPL shall attempt to assign or transfer the same in whole or part all rights hereunder shall immediately terminate. 17. AUTHORITY TO STOP: In the event an authorized representative of City finds the activities of TPL or any of its contractors arising from this Agreement unnecessarily endanger the health or safety of persons on or near the Park, the City's Representative may require this Agreement immediately be suspended until said endangering activities cease, or until such action is taken to eliminate or prevent the endangerment. 18. ALTERATIONS AND IMPROVEMENTS: TPL has examined the Park and knows the condition thereof. TPL accepts the Park in the present state and condition and waives any and all demand upon City for alteration, repair, or improvement thereof. All improvements to the Park installed by TPL shall remain upon termination of this Agreement and become the property of City. 19. TRANSFER OF OPERATING RESPONSIBILITY/CLOSURE: In the event City transfers operating responsibility of a Park and the licensed Park to a newly formed or existing governmental agency, this Agreement shall terminate on the date of said transfer to such agency, unless that agency agrees to assume this Agreement. City agrees to use its best efforts to obtain said assignment in the event City transfers its operating responsibility for the Park to a newly-formed or existing governmental agency. In the event City closes a Park, this Agreement shall terminate upon the effective date of such closure. City shall provide written notice to TPL immediately upon any consideration by City of the possibility of transferring or closing a Park. City shall provide TPL with as much prior written notice of any such transfer or closure of a Park as reasonably possible, but in no case less than ten (10) City business days, before the effective date of any such transfer or closure. TPL shall be permitted to continue operations on the licensed Park for the remaining portion of the year in which it receives any such notice specifying the effective date of the transfer or closure of the Park. 20. ENTIRE AGREEMENT. This Agreement (including the Exhibits hereto, which are incorporated herein by reference) together with the Entry Permit [ADD, IF APPLICABLE: and Grant Agreement] contain the entire understanding between the parties as of the date of this Agreement, and all prior written or oral negotiations, discussions, understandings and agreements are merged herein. Page 10 21. AUTHORIZED SIGNATURES. The parties will have this Agreement executed by representatives authorized to execute, amend, and enforce this Agreement. (INCLUDE IF APPLICABLE: 22. Controlling Agreement. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of the Grant Agreement, the terms of the Grant Agreement shall control.] (Signature page follows) Page 11 TPL: THE TRUST FOR PUBLIC LAND By: , Counsel Who hereby personally covenants, guarantees and warrants that he/she has the power and authority to obligate TPL to the terms and conditions in this Agreement. This Agreement has been executed on behalf of the City of Baldwin Park by the City Council of the City of Baldwin Park on the 18th day of January, 2012. Upon approval, a fully executed Agreement bearing original signatures will be mailed to TPL. CITY: 1,11.11 Ma 'el Lozano, Mayor— ROVED AS TO FORM: J 1Pannone, City Attorney Exhibits: Exhibit A–Aerial photographs and Layout of Fitness Zone Exhibit "B" - Greenfield Sport Parks Equipment List Exhibit "C" - Greenfield Sport Parks Equipment Specifications Exhibit D - Form of Acceptance of Installation and Request for Assignment of Equipment Warranty("Acceptance Letter") [ADD IF GRANT FUNDING USED: Exhibit "E" - Grant Agreement] Page 12 EXHIBIT A Aerial photographs and Layout of Fitness Zone two is S Y '� I -! ,d d�' °•1, ( r.. q w4 I gql y • •Y I � , I d , F> r- ` -r*x�^•sY — �i , KS S � �p— " t �, f • S • � y ,.t R f , �,r A Yi.^ . i ,s4 t d y w , /F or^ 't t "'�s y 'f '_.r ;�_ �,�� �GSIt� .b. a s., s..,k .w .F- €� .,. -fin'' - �• .. i S >- RECOMMENDED LOCATION: The Fitness Zone would be located east of the recreation center building, between the basketball courts and the restrooms, just south of the sports field. Approximate dimensions of the Fitness Zone pad would be 45' x 29', surrounded by a 6"curb. The Fitness Zone pad must be offset from the sports field a minimum of 10'. Department of Recreation and Community Services will finance a rubberized surface in the Fitness Zone pad, and a concrete access path leading from the basketball court into the Fitness Zone. OTHER CONSIDERATIONS: The location is among several mature trees, drain inlets and a manhole, and the pad dimensions will need to be adjusted to avoid the tree's driplines and underground utilities within the proposed area. EXHIBIT B Greenfield Sport Parks Equipment List A) 4- Person Leg Press B) 2- Person Chest Press C) 2 Person Lat Pull Down D) 2 Person Vertical Press E) Single Cross Country Ski F) 4 Person Pendulum, Abs G) 2 Level Horizontal Bar H) 2 Person Sit Up Benches I) Single Elliptical Trainer J) Announcement Board EXHIBIT C Greenfield Sports Park Equipment Specifications Greenfields Outdoor Fitness Equipment Technical Specifications Our outdoor fitness equipment is protected from rust, corrosion and chipping, it retains its strength for years without any need for lubrication, winterizing or regular maintenance. Our equipment is manufactured according to the following specifications: 1. All equipment is constructed of SAE 1020 High Carbon Steel. 2. The joints' welding is at least 2/5-1/2 inch thick. 3. The bearings are made of cast steel with cast steel rollers, and do not require re-lubrication. 4. All seats and stepping platforms are made of 2 layers of hand-shaped fiberglass. 5. After fabrication and welding, all parts are cold galvanized for rust protection. 6. All metal parts receive two layers (120-400 microns) of DuPont Powder Coat. 7. An additional layer of polyurethane UV3 (450 microns) is applied to all metal parts for ultraviolet protection. Installation Our equipment is made from heavy steel pipes and is subject to heavy forces and torques when in use. Extra care must be taken to ensure that the equipment is securely installed so that it can be safely enjoyed for years to come. There are two methods of installation for our equipment: 1) Permanent installation in which the equipment post extensions are placed in concrete footings 2) Surface mount installation with posts bolted to concrete We strongly recommend that the equipment be installed using concrete footings. We recommend hiring a licensed installation company to ensure that the equipment is installed correctly and according to our specifications. Full installation instructions and equipment specifications will be provided on request. Color Our equipment is available in two color combinations: green and tan or red, black and yellow. The green and tan color combination blends into the park environment best. The red, black and yellow combination is very attractive and stands out from a distance. Warranty In light of the quality of our products and the manufacturing process, we are proud to offer a 15 year limited warranty--one of the best warranties in our industry. For detailed information on our warranty, please see our catalog. Safety Safety is of the utmost importance to everyone. Our exclusive durable outdoor fitness equipment follows the highest safety standards, is built-to-last and requires virtually no maintenance. Greenfields Outdoor Fitness' equipment can be used by anyone aged 14 years and up with minimal concern of injury. The California Playground Regulations only apply to play equipment designed for children under the age of 12. Exercise equipment designed for use by people over the age of 12 is specifically excluded from these requirements. We recommend that our exercise equipment be installed at a location which is separated from children's play areas. In addition, this location and the installed EXHIBIT D Form of Acceptance of Installation and Request for Assignment of Equipment Warranty ("Acceptance Letter") Date Ms. Tori Kjer, Program Manager The Trust for Public Land Los Angeles River Center 570 West Avenue 26, Suite 300 Los Angeles, CA 90065 RE: FINAL ACCEPTANCE OF FITNESS ZONE INSTALLATION AND REQUEST FOR ASSIGNMENT OF WARRANTIES; PARK Dear Ms. Kjer: Pursuant to the provisions of Section 8 of that Agreement for Installation and Acceptance of Fitness Zone Equipment at [PARK] ("Agreement") City Parks between City and The Trust for Public Land ("TPL") dated January 18, 2012, City hereby accepts the Fitness Zone Equipment as installed at City's Park as of the date of this letter. By counter-signature of TPL's authorized representative, below, TPL hereby assigns all warranties in its favor from the supplier and installer of the Fitness Zone Equipment to City, and agrees to provide copies of all invoices and certificates of warranty pertaining thereto to City for equipment purchased by The Trust for Public Land ("TPL") in connection with TPL's Fitness Zones project. City hereby accepts this assignment of warranties and agrees to assume responsibility for the maintenance and operation of the Equipment pursuant to the terms of this Agreement for Acceptance of Fitness Zone Equipment at Los Angeles City Parks, as of the date of this letter. [Signatures on following page] ASSIGNOR: AGREED TO AND ACCEPTED BY: The Trust for Public Land, a City California nonprofit corporation Department of Recreation and Community Services Name: Tori Kjer Title: Program Manager Manny Carrillo, Director