HomeMy WebLinkAbout01/21/2003, BUS 3 - DONATION OF OUTDOOR FITNESS EQUIPMENT AT EMERSON PARK council MeointDo.
January 21,2003
j acEnda REpoRt It.Nd.btus 3
C I T Y O F S A N L U I S O B I S P O
FROM: Paul Le Sage, Parks&Recreation Director
Prepared By: Linda Fitzgerald,Recreation Manager
SUBJECT: DONATION OF OUTDOOR FITNESS EQUIPMENT AT EMERSON PARK
CAO RECOMMENDATION
1. As recommended by the Parks and Recreation Commission, approve the conceptual
plan for the fitness equipment and surfacing at Emerson Park.
2. Authorize the Mayor to execute an agreement to accept the donation of outdoor
fitness equipment and surfacing from Jim and Joan Sargent trustees of the Sargen
Family Trust, and TriActive America Inc.
DISCUSSION
In the summer of 2002, a local group led by Jim Sargen, Barry King, Mark Sargen and Bill
Toomey, approached staff with the idea of having an outdoor fitness area in the community. Their
motivation and desire was based upon visits made by Mr. J. Sargen and Mr..King to China where
they observed the local citizens visiting a public park during the workday and undertaking a variety
of activities on equipment designed to enhance their personal fitness and health.
With this idea in mind, TriActive America was created to bring the wellness concepts embarked by
the Chinese to the United States by introducing equipment to a site where it could be evaluated and
tested for marketing. The equipment would benefit those who are less likely to participate in a
structured fitness environment. The apparatus also has an appeal for seniors as the equipment is
simple to use and body weight is used as resistance rather than a series of pulleys and weights.
San Luis Obispo was considered as a prime location for their test market due to its proximity to
TriActiveAmerica's home base and the opportunities to have activity and fitness levels tested and
measured by Cal Poly kinesiology students. After looking at several local venues, it was decided
that the Emerson Park location would be the most suited for the venture as it is near the downtown
and has the available space needed to install the equipment and surfacing. A neighborhood meeting
on December 10, 2002 was well received and supportive of the conceptual plan. The equipment
would be marketed to adults and seniors with encouragement for youth to participate with
appropriate supervision. The activity would be unsupervised but have adequate signage to describe
the types of exercises that could be performed on each piece of equipment.
The Sargen Family Trust would donate the equipment and surfacing to the City of San Luis Obispo
and be responsible for the plans and installation. The donation would be recognized with a sign to
be installed at the site. The City would perform routine maintenance in the fitness area and
13 ��
Council Agenda Report—Donation of Outdoor Fitness Equipment at Emerson Park
Page 2
coordinate any problems with TriActive America. Testing and marketing of the equipment would
lie primarily with TriActive America but the City would encourage and promote use through its
normal marketing practices.
CONCURRENCES
The Parks and Recreation Commission endorsed the conceptual plan at its October 2,2002 meeting.
Neighborhood support for the project has been positive.
FISCAL IMPACT
TriActive America will be responsible for all aspects of planning, permitting, installation and
maintenance of the equipment. Public Works would perform regular maintenance of the area,
which could affect current maintenance workload.
ALTERNATIVES
Should Council decide not to accept the donation, it is likely that the project would be offered to
another community and citizens in San Luis Obispo would miss an opportunity for enhancing
personal wellness.
Attachments
1) Donor Agreement
2) Letter from Jim Sargen
3) Conceptual plan of Emerson Fitness Area
4) Minutes of October 2,2002 Parks&Recreation Commission meeting
Examples of the equipment to be installed are available in the Council Reading File
G:\CouncilAgendaReports\CAR-TriActiveAmericaDonation.doc
3'C2
AITACi1B M. L I
city of San LUIS OBISPO
DONOR AGREEMENT
This agreement is made between the City of San Luis Obispo, a municipal corporation
and charter city, (hereinafter referred to as the "City"), and Jim and Joan Sargen, Trustees of the
Sargen Family Trust, (hereinafter referred to as "Donors.").
WHEREAS, the Donors wish to make a donation of outdoor exercise equipment and the
related surfacing to the City of San Luis Obispo, Parks and Recreation Department; and
WHEREAS, acceptance of such a donation is consistent with City policy.
NOW THEREFORE in consideration of the mutual promises and obligations contained
herein, the parties agree as follows:
1. TERM: The tern of this agreement shall be from the time the agreement is entered
into until three (3) years from the completion date of the fitness area.
2. The Donors shall:
a. Construct an outdoor fitness area within Emerson Park to be equipped with
exercise apparatus distributed by TriActive America, Inc. The equipment and
placement is depicted in Exhibit A.
b. Install rubber and polyurethane surfacing materials meeting the applicable
safety standards.
c. Provide plans and specifications to the City.
d. Employ a licensed contractor qualified to install equipment and surfacing.
e. Follow all City construction procedures including plan check, permitting,
inspection and requirements of licensed and insured contractors.
f. Construct the fitness area in Emerson Park at the location depicted in Exhibit
B.
g. Work with the Parks and Recreation Department to build community
awareness of this new exercise and fitness opportunity, help organize an
opening event and communicate through local media outlets.
h. Maintain and replace, if necessary, the exercise apparatus and surface for a
period of three (3) years.
3. The City shall:
a. Approve plans and specifications for the project
b. Secure the necessary Commission approvals for the project.
c. Designate the fitness area as City property. The City will perform daily
maintenance, cleaning and inspections and report problems to the Donors as
necessary.
d. Incur all City development fees.
3 -3
ATTACHMENTS
4. RECOGNITION: This donation shall be recognized in the following manner:
a. The installation will be designated as the "TriACrive Fitness Zone."
b. A small plaque or sign, no more than 8" X 20" in size, shall be placed within
the area. It shall use the terminology, "TriActive Fitness Zone." Helping
enhance community physical fitness and wellness."
5. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between
the parties hereto. No oral agreement, understanding, or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
6. AMENDMENTS. Any amendments, modifications or variation from the terms of
this agreement shall be in writing and shall be effective upon approval by the City Administrative
Officer of the City.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid,by registered or certified mail, addressed as follows:
City of San Luis Obispo City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Donors Sargen Family Trust
P.O. Box 579
Avila Beach, CA 93424
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Donors do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized
and empowered to execute Agreements for such party.
9. FORCE MAJEURE: If either party fails to perform its obligations because of causes
beyond the reasonable control of the party obligated to perform, then that party's performance
shall be excused.
10. The Donors further acknowledge and understand that upon completion and
installation of the exercise apparatus, and upon its acceptance by the City, the exercise apparatus
shall become the property of the City. The City retains the right to remove or relocate the
equipment in its sole discretion as the interest of the public welfare,health or safety may require.
11. If the exercise apparatus is damaged, defaced, altered or destroyed by human acts or
by acts of nature, and notwithstanding Paragraph 2.h. above, the City retains the right to remove,
restore, repair or replace the exercise apparatus at any time, without consulting the Donors. The
City will make reasonable efforts to contact the Donor, to advise and assist in any restoration or
repair work.
GACo=o1 Agenda RepomsAgrc tTriAaiveAmcncaEmersonFrtness.doc
ATTACHMENT—1 "3
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
Lee Price, City Clerk David F. Romero, Mayor
AP
j,PRqVED AS ORM: DONORS: SARGEN FAMILY TRUST
By.
it Trujillo, Acting City Attorney Jim Sargen, Trustee
By:
Joan Sargen, Trustee
GACo=cil Agenda ReportsWgreementTriAaiveAmerica6messonfimm.doe
3 r�
° EXHIBIT T'
w
r,4 co co
+ O
� p� cin X •R
C� V`e cl r v G
i
t O F- O 3X
r Is Ln L J 0
f
L N
a� N cn m
E 3x co
:✓ 0
cn Q H 0
tCi. —7 r
r cc � to C X
G) X
Lnr
D m C
(0 r
i. El
E X
°2 o E 0
Q
X d N
L.
bi
j
fV '
.0 O
0
El
bi
0
ty SZ u
�-+ R Ln U
`? ® r 7
X $ - O y
V 300 = 00%
�t � N a ,, mO
W Xca
,0.
`g > a w
- v 8 '"
o mN 3
fl
Y
w
3-Lp
f
ya !_
4'
tv
i
�-
MY
51.
vs
g '
�a
4yY'�yJ•,� � _ Y' a
lA ,
I �t
a r''
fl
+� ny
.q bldg i
r
�t� ':.moi"•t:.
• �... .�
`4
(B t l b
m oi
Ei
map•
Q c
I it
1 —I
e CONC.
� wxN j
Ru 1WU r
r
FUTUREBPSNETBI COURT
TO REPLACE
EAISTING HALF COURTS
�'YxlnlLla«aI51DaVa Q
c a
�m
m C5
SLan91n iw«« f q A
z C o:
j
all:I
3N03553N1U T.VIJNW — - — -
�P C
� i U
n
� PaMI,«Hwf. YN m
O� �D OInl Sml O j
MWaIU Q
P«BIYI BaI\ I 0.13S.)
<
la
rM I ISnr J to
O CL
COMMUMTY 1• a a0
GARDENS F- fto 0.
>
1:9uw n1 J ILTII y U r
yj
\IN tOm)
Sa,R.O Z O •'
\\\ IN Iml G O N C
Dau E.Innacn N
IM a C
Bml
(`J, VePiulJwry _____ W C I
G Im Jml C m
r E
W O
;D.(f SauP BwM Z
IN 93.1
i
♦ \ F
r I PLANTER \ PIANTE0. / r PLANTER t G a
I i
r � t
---- --
. .•....--- gpTE -REMA0.N5
E)USTINO SIDEWK ---
PISMO STREET DRAWB-By
:
ttaB
0 1 S to DATE
auJ,rox
--- ------- ---- SCALE
METERS 1:100
m9
SHEET
m
neaii9aa.
L1
DF SREEIS
3-�
Received.: 1 / 7/03 10:50AM; 8055952959 -> SLO Parks & Recreation; Page 2
01-07-03 11 : 18 TRIAN I 'STMENTS ID=' 'y5952959 P.02
ATTACHMW �'
Sargen Family Trust
J. P, Sargen and Joan G. Sargen, Trustees
P.O. Box 660
Avila Beach, CA 93424
e-mail:jpsargen@charter.net
December 19, 2002
Mr. Paul LeSage
Parks&Recreation Director
City of San Luis Obispo Parks and Rec
1341 Nipomo Street
San Luis Obispo, CA 93401-3964
Dear Paul-
i am pleased to confirm that my wife Joan and I, as Trustees of the Sargen Family Trust, wish to
make a donation of outdoor exercise equipment and the related surfacing to the City of San Luis
Obispo, Parks and Recreation Department. This donation is for the purpose of enhancing
community physical fitness and wellness.
The following lists the features of this donation:
49 Construct an outdoor fitness area within Emerson Park to be equipped with exercise apparatus
distributed by TriActive America, Inc. The equipment and its placement is depicted in
Attachment A.
• Install rubber and polyurethane surfacing materials meeting the applicable safety standards.
• Employ a licensed contractor qualified to install equipment and surfacing.
o Follow all City construction procedures including plan check, permitting, inspection and
requirements of licensed and insured contractors.
o The fitness area will be constructed in Emerson Park at the location depicted in Attachment B.
o Work with the Parks and Recreation Department to build community awareness of this new
exercise and fitness opportunity, help organize an opening event and communicate through
local media outlets.
It is our hope that this fitness area will be well utilized and that it contributes importantly to the health
and well-being of the community.
Sincerely,
J. P. Sargen
39
18
3_
ATTACHMENT N
IDA
Mr O
� Lx es
ao V co
C` 3X
a► � o r: ;} J a
x �} N
47 yr..r�r�r i O - m r
E
4! Y nj V�1 J fr1
G j O co
I11 Q N O
coLn
s r x
u : o
t > x y
b- � Ln
V
r
z
Fol
f O
O
v N
EX
m O E 0
0a X 4 .�
N ev f
V1
� d N
G
i 3
M
a
a �x �
p Q
ra
a.
0
v x >
eki r � 'x
N
W X
L � X
M
N
V O �
W CO
61 a.
7+
3 10
ATTAIQIi._:
Parks and Recreation Commission
Minutes for October 2, 2002
Page 3
3. Emerson Fitness Area
Barry King and Mark Sargen presented the Commission with the Emerson Activity Park—a proposed
layout with some history of their company and that this would be a test site in Emerson Park. The
surfacing would be soft and cushioning and they would work with staff to meet the needs of park.
This would be a test lab and show room for their components. In return, they would want recognition
in the form of signage. They also want instructional signage at each activity. The maintenance would
be the responsibility of the donor, since this their "lab" area. The donor suggested having promotion
activities such as an open house, inviting seniors as well as business people on their lunch breaks to
join in. The donor suggested having a web cam to monitor activity at the site. LeSage said this would
need City Administrative Officer approval.
Motion to endorse the concept and accept the donation in Emerson Park as subject to a neighborhood
eeting and naming at a later date. (PyperBuckshi,unanimous).
4. Staff Reports
❖ Recreation Programs Summary was distributed to the Commission.
❖ Park Maintenance
5. Committee Reports
Commissioners gave their reports on the meetings they attend..
❖ Jack House—Pyper ❖ Joint Use Committee—Black
❖ Tree Committee—Larson ❖ Mayor's Youth Task Force—Dunan
❖ Golf—Clay ❖ Landscaped Parkways—Black
❖ Damon-Garcia Sports Fields—Dunan
6. Communications
None.
7. Adjourned
The meeting adjourned at 8:55 pm.
3-l t
L9t$I(l+►ve Lr"ZV- 1/�ift)3 mot-
RECEIVED
city of san tins oBispo JAN 14 200?
DONOR AGREEMENT SLO CITY CLERK
This agreement is made between the City of San Luis Obispo, a municipal corporation
and charter city, (hereinafter referred to as the "City"), and AmJames P. and Joan Sargen,
Trustees of the Sargen Family Trust, (hereinafter referred to as "Donors.").
WHEREAS, the Donors wish to make a donation of outdoor exercise equipment and the
related surfacing to the City of San Luis Obispo,Parks and Recreation Department; and
WHEREAS, acceptance of such a donation is consistent with City policy.
NOW THEREFORE in consideration of the mutual promises and obligations contained
herein, the parties agree as follows:
1. TERM: The term of this agreement shall be from the time the agreement is entered
into until three (3)years from the completion date of the fitness area.
2. The Donors shall:.
a. Construct an outdoor fitness area within Emerson Park to be equipped with
exercise apparatus distributed by TriActive America, Inc. The equipment and
placement is depicted in Exhibit A.
b. install rubber and polyurethane surfacing materials meeting the applicable
safety standards.
c. Provide plans and specifications to the City.
d. Employ a licensed contractor qualified to install equipment and surfacing.
e. Follow all City construction procedures including plan check, permitting,
inspection and requirements of licensed and insured contractors.
f. Construct the fitness area in Emerson Park at the location depicted in Exhibit
B.
g. Work with the Parks and Recreation Department to build community
awareness of this new exercise and fitness opportunity, help organize an
opening event and communicate through local media outlets.
period of thfee (3) Repair and/or replace any defective exercise apparatus
or surfacing materials for a period of two years.
3. The City shall:
a. Approve plans and specifications for the project
b. Secure the necessary Commission approvals for the project.
c. Designate the fitness area as City property. The City will perform daily
maintenance, cleaning and inspections and report problems to the Donors as
necessary.
d. Incur all City development fees.
4. RECOGNITION: This donation shall be recognized in the following manner:
a. The installation will be designated as the "TriActive Fitness Zone."
b. A small plaque or sign, no more than 8" X 20" in size, shall be placed within
the area. It shall use the terminology, "TriActive Fitness Zone." Helping
enhance community physical fitness and wellness." Additionally. this phrase
shall be displayed on the surfacing material at two locations.
5. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between
the parties hereto. No oral agreement, understanding, or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
6. AMENDMENTS. Any amendments, modifications or variation from the terms of
this agreement shall be in writing and shall be effective upon approval by the City Administrative
Officer of the City.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid, by registered or certified mail, addressed as follows:
City of San Luis Obispo City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Donors Sargen Family Trust
P.O. Box 579
Avila Beach, CA 93424
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Donors do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized
and empowered to execute Agreements for such party.
9. FORCE MAJEURE: If either party fails to perform its obligations because of causes
beyond the reasonable control of the party obligated to perform, then that party's performance
shall be excused.
10. The Donors further acknowledge and understand that upon completion and
installation of the exercise apparatus, and upon its acceptance by the City, the exercise apparatus
shall become the property of the City. The City retains the right to remove or relocate the
equipment in its sole discretion as the interest of the public welfare, health or safety may require.
11. If the exercise apparatus is damaged, defaced, altered or destroyed by human acts or
by acts of nature, and notwithstanding Paragraph 2.h. above, the City retains the right to remove,
restore, repair or replace the exercise apparatus at any time, without consulting the Donors. The
C,•WINDOWSgEMPAA tT'Acti A F nFi" d �mqn -TFO i.4mor4lowilAg.W.
Reprrt. ..
City will make reasonable efforts to contact the Donor, to advise and assist in any restoration or
repair work.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
Lee Price, City Clerk '%
F. Romero, Mayor
APPROVED AS TO FORM: VRORS: SARGEN FAMILY TRUST
By:
Gil Trujillo, Acting City Attorney dames P. Saragen, Trustee
By:
Joan Sargen,Trustee
RED FILE I7(COUNCIL TCDD DIR'
MEETING AGENDA 3 ICAO 4 FIN DIR
WACAODA � 3 ITEM #� .MATT RNEY 7 FIRE CHIEF
7 PW DIR
17CLERK/ORIG B POLICE CHF
13E T HEADS 1YREC DIR
V ,2 UTIL DIR
Ja'HR DIR
C\WIbMWMTEMRA�tTriAri AnLtimEr. nFimen. A#cele
��F�kfF��fm»r&neee.neFiuxs:J.H:
J.__ _. _. . __
i_ulie O'Connor--—Item BUS3--- Dona--tion---�__outd— oor Fitness Equipment - Page 1 �
v"
j
f
From: <ANCARTER@aol.com>
To: <asettle@slocity.org>, <cmulholland@slocity.org>, <kschwartz@slocity.org>,
<jewan@slocity.org>, <dromero@slocity.org>
Date: 1/18/03 10:36PM
Subject: Item BUS3—Donation of Outdoor Fitness Equipment
Dear Council Members:
Its not clear from the staff report, but has the City's risk manager taken a
look at this proposal? What is the risk of injuries on this equipment and
therefore insurance claims and lawsuits?
Andrew Carter
CC: <Iprice@slocity.org>, <khampian@slocity.org>, <plesage@slocity.org>
RECEIVED
JAN 21 2003
SLO CITY CLERK
RED FILE
M ,TINGj�� AGENDA
DATE EAS`ITEM #-&S 4,kA Mod SML�
,Z COUNCIL � CDD DIR
;ff CAO FIN DIR
0 ACAO FIRE CHIEF
ZI ATTORNEY PW DIR
2TCLERK/ORIG �F POUCE CHF
REO DIR
JJUTIL DIR
IBJ HR DIR
Julie O'Connor_-_Fwd: Item BUS3-- Don n of Outdoor Fitness Equipment
From: Lee Price
To: O'Connor, Julie; Reyes, Sergio; Reynolds, Diane
Date: 1/21/03 1:44PM
Subject: Fwd: Item BUS3—Donation of Outdoor Fitness Equipment
I'm not sure that this got"red filed"...can you check? Ken and Paul already got their copies: