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Home My WebLink About01-257 - Resolutions RESOLUTION NO. 01-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA HISTORICAL SOCIETY RELATING TO THE USE OF THE CHAFFEY-ISLE HOUSE AS A COMMUNITY BUILDING, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 1089-071-26. A. RECITALS. 1. The City of Rancho Cucamonga filed a request for an Agreement between the City and the Etiwanda Historical Society, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Agreement is referred to as "the agreement." 2. On May 9, 2001, the Historic Preservation Commission of the City of Rancho Cucamonga reviewed Historic Landmark Designation DRC2001-00119 for the Chaffey-Isle House located at 7086 Etiwanda Avenue, and following the conclusion of their review, adopted Resolution 01-02 thereby recommending to the City Council that said application be approved. 3. On May 9, 2001, the Historic Preservation Commission of the City of Rancho Cucamonga reviewed Historic Landmark Alteration Permit DRC2001-00116 to allow rehabilitation of the Chaffey-Isle House, and following the conclusion of their review, approved the application, and adopted Resolution 01-03. 4. On May 9, 2001, the Planning Commission of the City of Rancho Cucamonga reviewed Conditional Use Permit DRC2001-00115 to establish a community building use in the Chaffey-Isle House, and following the conclusion of their review, approved the application, and adopted Resolution 01-47. Conditions of approval require a formalized written agreement between the City and local historical societies for use of the structure as a community building. 5. On June 6, 2001, the City Council of the City of Rancho Cucamonga reviewed Historic Landmark Designation DRC2001-00119 for the Chaffey-Isle House,and following the conclusion of their review, approved the application, and adopted Resolution 01-130. 6. A true and correct copy of the proposed Agreement is attached as Exhibit"A"to this Resolution. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE, itis hereby found,determined,and resolved by the City Council of the City of Rancho Cucamonga as follows: Resolution No. 01-257 Page 2 of 8 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council wishes to foster and encourage a program of Community supported historic preservation and awareness for the benefit of the City's present and future residents. 3. The Etiwanda Historical Society also shares the City's goal of community historic preservation and has a desire and willingness to undertake the restoration and operation of the Chaffey-Isle House, a designated City of Rancho Cucamonga Historic Landmark. 4. This Council hereby approves of the Agreement attached hereto as Exhibit"A" and authorizes the Mayor to sign for the City of Rancho Cucamonga. 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 21 s`day of November 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None 1 Z _U10—OZ-1 William J. Alexa nd , Mayor ATTEST: Debra J. Ada CMC, City Clerk Resolution No. 01-257 Page 3 of 8 I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 21s`day of November 2001. Executed this 26'" day of November 2001, at Rancho Cucamonga, California. bra J. AdaM, CMC, City Clerk Resolution No. 01-257 Page 4 of 8 AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA HISTORICAL SOCIETY RELATING TO THE USE OF THE CHAFFEY-ISLE HOUSE THIS AGREEMENT is entered into this day of 2001 by and between the City of Rancho Cucamonga, California ("CITY"), a municipal corporation, and the Etiwanda Historical Society("SOCIETY"), a California Public Benefit Corporation. RECITALS WHEREAS, the CITY wishes to foster and encourage a program of Community supported historic preservation and awareness for the benefit of the City's present and future residents; and WHEREAS,the SOCIETY also shares the City's goal of community historic preservation and has signified a desire and willingness to undertake the restoration and operation of the Chaffey-Isle House, a designated City of Rancho Cucamonga Historic Landmark. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: I. DEFINITIONS The following terms shall have the definitions described below unless the context clearly indicates otherwise: A. The "PROJECT" shall mean the Chaffey-Isle House and the site on which it is located(7086 Etiwanda Avenue), as depicted on Exhibit"A'. B. The "COUNCIL" shall mean the City Council of the City of Rancho Cucamonga. The Council is the Governing Body of the City. C. The 'DIRECTOR" shall mean the City Planner, or his designee, authorized by COUNCIL, to represent the CITY in matters pertaining to the PROJECT. The responsibilities of the DIRECTOR shall include but not be limited to the following: 1. Coordinate on behalf of the CITY, all necessary meetings between the CITY and the SOCIETY. 2. Review and approve (or disapprove), subject to COUNCIL review, all restoration plans, working drawings, and specifications submitted by the SOCIETY to the CITY relative to the PROJECT. 3. Provide liaison between the SOCIETY and COUNCIL, Commissions and CITY agencies, as appropriate. II. CITY RESPONSIBILITIES A. The CITY has provided an improved site for relocation of the PROJECT thereon. , i Resolution No. 01-257 Page 5 of 8 B. Ownership of the PROJECT and improvements made or attached thereto shall be vested solely and irrevocably in the name of the CITY. C. Improvements to the PROJECT by others will be deemed to be donations to the CITY unless the record regarding the improvements clearly shows that the improvements are intended to be donations to the SOCIETY. The value of any improvements to the PROJECT that are clearly provided as gifts to the SOCIETY shall not be reimbursed by the CITY unless prior to the making of the improvements, a written agreement so providing is executed between the CITY and the SOCIETY. D. Provide assistance to the SOCIETY as appropriate in the discretion of the CITY. III. SOCIETY RESPONSIBILITIES A. The SOCIETY shall prepare, or have prepared, plans and/or working drawings and/or specifications, to a level as may be required by the CITY for any and all work connected with the PROJECT, when, in the determination of the CITY, such work is warranted to be in the public interest. Plans, working drawings and specifications, when required by the CITY, will be submitted, reviewed, and approved (or disapproved) prior to the commencement of any depicted work. Plans and specifications will be the property of the CITY after the PROJECT has been completed for purposes of record and reference. B. The SOCIETY shall be responsible for the development and proper maintenance of the PROJECT at all times during the term of this agreement. C. The SOCIETY shall use the project for historical museum purposes, such as displaying of historical artifacts, memorabilia, and the provision of tours and lectures as the SOCIETY shall deem appropriate. Other uses, such as bazaars, weddings, private functions, and commercial activities shall be subject to the policy guidelines of the CITY regarding use of CITY facilities. D. The CITY shall have no obligation to the SOCIETY for funding of project improvements or maintenance and operational costs connected thereto. The fact that the CITY is not responsible to provide funding does not impede or preclude the CITY from providing or raising funds for the PROJECT when the CITY, in the CITY's discretion,decides to do so. IV. TERM AND TERMINATION A. The term of this agreement shall be for twenty(20) years, commencing upon the first day of the month succeeding the date that this Agreement is approved by the COUNCIL, unless sooner terminated by either party pursuant to the terms of Paragraph B of this Section. B. Either party may terminate this Agreement, with or without cause, upon written notice to the other at least two (2) years prior to the effective date of the termination. Resolution No. 01-257 Page 6 of 8 C. Unless sooner terminated, the term of this Agreement shall be renewable by the SOCIETY for an additional twenty (20) year period at the conclusion of the initial term. V. ACCOUNTING RECORDS A. The SOCIETY shall maintain a method of accounting, open to inspection by the CITY, which shall to the satisfaction of the CITY correctly and accurately reflect the gross receipts and disbursement of the SOCIETY. B. Income and fees derived by the SOCIETY from the use of the PROJECT shall be used for historic restoration and development purposes, in connection with the PROJECT. Any income in excess of the foregoing will be committed to activities of the SOCIETY in connection with furthering the historic preservation efforts within the community of Etiwanda. C. GENERAL INDEMNIFICATION. The SOCIETY agrees to indemnity, defend, and hold harmless the CITY, it's agents, officers, and employee from and against any and all liability of any nature whatsoever, including but no limited to, personal injury or death, property damage, or any claim connected with, either directly or indirectly,with the PROJECT during the term of this Agreement. Vl. MISCELLANEOUS A. It is understood that the SOCIETY's restoration of the PROJECT is subject to the availability of funds, and therefore the PROJECT may be divided into phases at the discretion of the SOCIETY. B. This document may be modified only by further written agreement between the parties hereto, and such agreement shall not be effective until executed by both the SOCIETY and the CITY. IN WITNESS THEREFORE, the CITY and the SOCIETY have caused this agreement to be executed by their respective officers on the date first written above. CITY OF RANCHO CUCAMOGNA ETIWANDA HISTORICAL SOCIETY William J. Alexander, Mayor Cheryl Perdew, President Debra Adams,City Clerk Donna Kendrena, Secretary Date Date Resolution No. 01-257 Page 7 of 8 EXHIBIT A (LEGAL DESCRIPTION) THAT PORTION OF LOT 8,BLOCK"P'ETIWANDA COLONY LANDS,IN THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 2 PAGE 24 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8;THENCE NORTH 200 FEET;THENCE WEST 200 FEET;THENCE SOUTH 200 FEET;THENCE EAST 200 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH 80 FEET BY THE CERTAIN RIGHT OF WAY CONVEYED BY ETIWANDA FRUIT COMPANY TO PACIFIC ELECTRIC RAILWAY COMPANY,A CORPORATION,BY DEED DATED FEBRUARY 7, 1913 AND RECORDED IN BOOK 523 PAGE 204 DEEDS. 1 i .._.._.._._.._.._..___............__.._.._-................ _' FUTURE LOCAL EQUESTRIAN TRAIL i S a f 0 _g.._..._.._.._.._.._.. ._.. v s ---------- ----ETlWANDA--AVENUE------------ . 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