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rt,: I D <br />City Council Memorandum <br />TO: HONORABLE MAYOR AND CITY COUNCIL DATE: October 25, 2011 <br />FROM: PARKS RECREATION & COMMUNITY ITEM NO: 22 <br />SERVICES DEPARTMENT <br />WARD: ALL <br />SUBJECT: FIRST AMENDMENT TO RIVERSIDE AQUATICS COMPLEX JOINT USE <br />AGREEMENT -SUPPLEMENTAL APPROPRIATION <br />ISSUE <br />The issue for City Council consideration is whether to approve the attached first amendment to the <br />Joint Use Agreement for Riverside Aquatics Complex at Riverside City College ( "Complex ") and <br />related supplemental appropriation. <br />RECOMMENDATION <br />That the City Council: <br />1. Approve the attached amendment to the Joint Use Agreement for Riverside Aquatics <br />Complex at Riverside City College to modify the annual maintenance costs by capping it at <br />an amount not to exceed $100,000 and to clarify language regarding use and scheduling of <br />complex; and <br />2. Authorize a supplemental appropriation in the amount of $100,000 from the un- appropriated <br />balance of the General Fund to the Parks, Recreation and Community Services Department <br />(Account No. 5215000 - 421000). <br />BACKGROUND <br />On July 8, 2008, the City Council approved $3,000,000 toward the construction of and approved a <br />Joint Use Agreement for the Complex with Riverside Community College District and the County of <br />Riverside. The Joint Use Agreement addresses issues regarding the maintenance, utilities, <br />scheduling, fees, concessions, damage and destruction, as well as sets forth the rules and <br />regulations regarding usage. Per the terms of the original agreement, the District's classes and <br />programs were to be scheduled first, with City and County equally sharing any remaining portion of <br />time. Additionally, the City was to be provided access to the Complex for a minimum of two hours <br />per weekday and four hours per weekend during daylight hours. The cost of maintenance was to <br />be pro -rated based on actual usage. <br />The amendment revises the original agreement by 1) eliminating Paragraph 6, entitled "Minimum <br />Usage;" 2) setting the City's share of maintenance cost at a minimum of $80,000 annually for up to <br />22 -1 <br />