HomeMy WebLinkAbout04-115 - Resolutions RESOLUTION NO. 04-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN
AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE WEST END FAMILY COUNSELING SERVICES
RELATING TO THE USE OF THE NORTON-FISHER HOUSE AS
AN OFFICE, AND MAKING FINDINGS IN SUPPORT THEREOF,
APN: 0227-131-24.
A. RECITALS.
1. The City of Rancho Cucamonga filed a request for an Agreement between the
City and West End Family Counseling Services, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Agreement is referred to
as "the agreement."
2. On May 5, 1988, the Historic Preservation Commission of the City of Rancho
Cucamonga reviewed request to designate the Norton-Fisher House, located at
7165 Etiwanda Avenue a Historic Landmark,and following the conclusion of their
review, adopted Resolution 88-07 thereby recommending to the City Council that
said application be approved.
3. On September 21, 1988, the City Council of the City of Rancho Cucamonga
reviewed a request to designate the Norton-Fisher House a Historic Landmark,
and following the conclusion of their review, approved the application, and
adopted Resolution 88-406.
4. On February 11, 2004, the Planning Commission of the City of Rancho
Cucamonga reviewed Conditional Use Permit DRC2003-01015 to establish an
office use in the Norton-Fisher House, and following the conclusion of their
review, approved the application, and adopted Resolution 04-21. Conditions of
approval require a Lease Agreement between the City and West End Family
Counseling Services for use of the structure as an office.
5. On April 7, 2004, the City Council of the City of Rancho Cucamonga reviewed
the request to approve the Lease Agreement between West End Family
Counseling Services and the City of Rancho Cucamonga and concluded their
review on that date.
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.
Resolution No. 04-115
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B. RESOLUTION.
NOW,THEREFORE,it is hereby found,determined,and resolved bythe City Council
of the City of Rancho Cucamonga as follows:
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 West End Family Counseling Services also shares the City's goal of
community historic preservation and has a desire and willingness to undertake
the restoration and operation of the Norton-Fisher 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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-115
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PASSED, APPROVED, AND ADOPTED this 7`h day of April 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
QWilliamx rider, Mayor
ATTEST:
bra J. Ad CMC, City Clerk
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 7`h day of April 2004.
Executed this 8'h day of April 2004, at Rancho Cucamonga, California.
Yebra J. Ada s, CMC, City Clerk
Resolution No. 04-115
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EXHIBIT A
LEGAL DESCRIPTION OF LAND
THE NORTHWESTERN-MOST .25 ACRE OF THAT CERTAIN REAL PROPERTY
LOCATED AT THE WEST 112 OF LOT 12, BLOCK "K", ACCORDING TO PRELIMINARY
MAP OF ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24,
RECORDS OF SAID COUNTY, SAVING AND EXCEPTING THE SOUTH 305 FEET
THEREOF.
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EXHIBIT B
DEPICTION OF LAND
(See Attached)
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EXHIBIT C
JOINT USE AGREEMENT
(See Attached)
Resolution No. 04-115
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CITY OF RANCHO CUCAMONGA
AND ETIWANDA SCHOOL DISTRICT
JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT (the "Agreement" ) is entered into as
of this —2_�'4— day of — of 2002 (the "Effective
Date" ) , by and between the City of RaIncho Cucamonga, California, a
California municipal corporation (the "City" ) and the Etiwanda
School District, a school district organized and existing under
the laws of the State of California (the "School District" ) . The
City and School District are sometimes collectively hereinafter
referred to as "Party" or "Parties" .
R E C I T A L S:
WHEREAS, the School District owns real property which will
house the Grapeland Elementary School (the "School Site" )
generally located north of the corner of Etiwanda Avenue and Base
Line Road, in the City of Rancho Cucamonga; and
WHEREAS, the City has purchased from the School District for
One Dollar ($1 . 00) an approximate .25 acre of real property which
is part of assessor' s parcel number 227-131-24 located at the
northwestern-most corner of the School Site (the "Property" ) ; and
WHEREAS, the School District has sold the Property to the
City for the express purpose of preserving and maintaining the
Norton-Fisher House; and
WHEREAS, the City intends to use the Property to renovate and
maintain the Norton-Fisher House; and
WHEREAS, the School District has agreed to install a new
sewer line on the Property for use by the City, at the School
District ' s expense, and the approximate location for the point of
connection for such sewer is depicted on the site map attached
hereto as Exhibit "B" and incorporated herein by reference; and
WHEREAS, the School District has agreed to provide for
separate metered facilities for water and electric services for
the Property at such time as the City commences to renovate and
maintain the Norton-Fisher House, and the approximate locations
for the points of connection for such water and electrical power
Resolution No. 04-115
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are depicted on the site map attached hereto as Exhibit "B" and
incorporated herein by reference; and
WHEREAS, the City has agreed that the School District shall
not pay any fees to the City in order to comply with Government
Code Sections 53090 through 53097 ; and
WHEREAS, a portion of the School Site will consist of a
parking lot adjacent to the Property (the "Parking Lot" ) which
will be built for use by the School District and which will be
considered a School District facility, but which will be intended
for joint use by the Parties as specifically set forth in this
Agreement; and
WHEREAS, the City desires to use the Parking Lot in
conjunction with the City' s renovation and maintenance of the
Norton-Fisher House on the Property; and
WHEREAS, the School District and City are authorized to enter
into this Agreement pursuant to the provisions of Education Code
section 10900 et seq. and Government Code section 6500 et seq.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS :
1 . Term and Commencement
The initial term of this Agreement shall commence on the
Effective Date and end one (1) year from the Effective Date,
unless sooner terminated as provided for hereinafter. The
Agreement shall automatically be extended for additional terms of
one (1) year each unless the City or School District gives written
notice to the other of its intent to terminate the Agreement at
least thirty (30) days prior to the expiration of the term then in
effect .
2 . Facilities Covered By Agreement
The Parties agree that the Parking Lot, as identified on the
map found in Exhibit "A" attached hereto and incorporated herein
by this reference, shall be the sole portion of the School Site
(other than the Property purchased by the City) authorized to be
used by the City pursuant to the terms of this Agreement .
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3 . Schedule of Use
3 . 1 Exclusive Use by the School District During School
Hours . Except as may otherwise be provided in this Agreement, the
School District shall be entitled to the exclusive use of the
Parking Lot during regular public school hours . In addition, the
School District shall be entitled to the exclusive use of the
Parking Lot at such other times as the Parking Lot may be needed
for school purposes. Should the School District determine that
the Parking Lot, in whole or in part, is needed for school
purposes other than, during regular public school hours, the School
District shall notify the City as soon as possible, but no less
than twenty-four (24) hours in advance of such use.
"Regular public school hours" for purposes of this Agreement
shall constitute those hours from 7 : 00 a.m. to 4 : 30 p.m. on
official days of public instruction as prescribed by law. It is
understood and agreed that regular public school hours may change
from school year to school year and the actual starting and ending
time of regular public school hours for each school year will be
determined by the School District. The School District shall
provide to the City a schedule of school holidays for the 2002-
2003 school year. The School District shall provide a schedule of
school holidays to the City prior to the commencement of each
subsequent school year that this Agreement remains in effect .
3 .2 Exclusive Use by the City During Non-School Hours . The
Parties expressly acknowledge and agree that the Parking Lot shall
remain open and available for use by the City in conjunction with
the City' s operation of the Norton-Fisher House upon the
conclusion of regular public school hours on each day that school
is officially in session, as well as all other times, including
weekends and holidays .
3 . 3 Exception to Exclusive Use by the City. The Parties
expressly acknowledge and agree that, if necessary, the School
District personnel and contractors shall be able to perform normal
maintenance to the Parking Lot during or after regular public
school hours . The Parties further agree that the School District
shall provide the City with forty-eight (48) hours prior notice
when normal maintenance to Parking Lot will occur . If the School
District determines that an emergency condition exists , the School
District shall have the right to immediately close the Parking
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Lot. In the case of an emergency, the School District agrees to
make a good faith effort to give the City notice of the closure
within twenty-four ( 24) hours of learning of the emergency
condition . Upon completion of the work on the Parking Lot, the
School District shall give notice to the City that the affected
premises are available for use again.
3 . 4 Enforcement of Exclusive Use. The Parties expressly
acknowledge and agree that the School District and the City shall
each be solely responsible for the enforcement of its own
exclusive use of the Parking Lot under this Agreement to the
extent permitted by applicable law. This sole responsibility
includes, but is not limited to, the express understanding that
neither Party shall provide any staff to oversee, supervise, or
monitor the Parking Lot during the time of the other Party' s
exclusive use, nor shall the School District be obligated to
prevent the incidental or intentional entrance by the general
public onto the Parking Lot during those hours of exclusive use by
the City as set forth above and vice-versa. Each party shall
notify the other if enforcement of exclusive use becomes an
ongoing problem.
4 . Improvement to Parking Lot .
The City shall have the ability to recommend improvements to
the Parking Lot . The School District shall make the final
determination on all issues, including, but not limited to, the
decision of moving forward with the development of such
improvements and the financing thereof . Actual financing,
development or construction of any such improvements, if
necessary, shall be negotiated by way of a separate agreement .
5 . Maintenance and Repair of Parking Lot .
Except as otherwise provided in this Agreement, the School
District agrees to maintain and repair, at its cost and as budget
permits, the Parking Lot in a condition which is safe, clean,
operable and usable for the designated and negotiated use and
purpose set forth in this Agreement.
6 . Damage to Adjoining School Site Property.
The Parties hereto expressly agree that the City shall be
held responsible for any damage to any School District land or
Resolution No. 04-115
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structure (s ) arising out of any damage to the Parking Lot where
said damage is caused by intentional or negligent acts of the
City. This shall include, but not be limited to, subterranean or
above-ground damage to School District land or any portion of a
physical structure.
7 . Indemnification
7 . 1 General Liability. This Section shall govern any
liability incurred by one party through the fault of the other
party.
7 . 2 School District to Indemnify. The School District shall
defend, indemnify, and hold the City, its officials, officers,
employees, agents, and volunteers free and harmless from any and
all liability from loss, damage, or injury to property or persons,
including wrongful death, to the extent arising out of or incident
to any negligent acts, omissions, or willful misconduct of the
School District, its officials, officers, employees, agents, and
volunteers arising out of or in connection with the School
District ' s performance of this Agreement, including without
limitation the payment of reasonable attorneys ' fees .
7 . 3 City to Indemnify. The City shall defend, indemnify,
and hold the School District, its officials, officers, employees,
agents, and volunteers free and harmless from any and all
liability from loss, damage, or injury to property or persons,
including wrongful death, to the extent arising out of or incident
to any negligent acts, omissions, or willful misconduct of the
City, its officials, officers, employees, agents , and volunteers
arising out of or in connection with the City' s performance of
this Agreement, including without limitation the payment of
reasonable attorneys ' fees .
7 . 4 Exceptions to Liability. Each of the Parties hereto
shall not be liable to the other for any loss or damage to the
facilities of the other, including equipment, fixtures,
improvements, structures , and landscaping caused by acts beyond
its reasonable control, including, but not limited to, malicious
mischief, fire, act of God, acts of the public enemy, riot ,
strike, insurrection, war, court order, or order of a governmental
body (except such orders of the City and School District)
Resolution No. 04-115
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8 . Insurance.
City agrees to maintain comprehensive general liability
insurance to cover liability arising out of the performance of
this Agreement either through an insurance carrier licensed to do
business in the State of California or a joint powers insurance
authority, with the amount of said insurance required to be at
least One Million Dollars ($1, 000, 000) per occurrence and Five
Million Dollars ($5, 000, 000) in the aggregate . City agrees to
provide thirty (30) days prior written notice to School District
if it proposes to change or modify the aforementioned insurance
coverage which will result in a decrease in the scope or the
amount of such coverage. City shall name School District as an
additional insured on any such insurance policy.
9 . Assignment.
This Agreement or any interest of either Party herein shall
not at any time after the date hereof, without the prior written
consent of the other Party, be assigned or transferred. The
Parties shall at all times remain liable for the performance of
the covenants and conditions to be performed pursuant to this
Agreement, notwithstanding any assignment or transfer which may be
made.
10 . Operational Contacts .
The School District and City shall provide each other with
the names and telephone numbers of personnel that are responsible
for the day-to-day operations of their respective facilities
including after-hours contacts in the event of emergency
situations. Said list to be updated as needed based on personnel
changes .
11 . Notices .
11 . 1 Notice Requirements . All notices, statements, demands,
requests, consents, approvals, authorizations, appointments or
designations hereunder by either Party to the other shall be in
writing and shall be sufficiently given and served upon the other
Party, if sent by (a) personal delivery; (b) deposit with the
United States first class registered mail , return receipt
requested, postage prepaid; or (c) deposit with a nationally
recognized overnight courier service, and addressed as follows :
Resolution No. 04-115
Page 14 of 20
City: City of Rancho Cucamonga
10500 Civic Center
Rancho Cucamonga, CA 91730
Attn: City Clerk
Telephone : (909) 477-2700
Facsimile : (909) 477-2849
With a copy to : Richards, Watson & Gershon
One Civic Center Circle
P.O. Box 1059
Brea, CA 92822-1059
Attn: James L. Markman, Esq.
Telephone: (714) 990-0901
Facsimile: (714) 990-6230
School District: Etiwanda School District
2820 Clark Avenue
Etiwanda, CA 92860-1903
Attn: Doug Claflin
Administrator of Business Services
11.2 Change of Address. Either Party may change its address
by giving notice to the other Party in the manner provided for in
this Section.
12 . Default and Termination.
12 . 1 Should either Party hereto default in the performance of
or breach any covenant, condition, or restriction of this
Agreement herein provided to be kept or performed by that Party,
and should such default or breach continue uncured for a period of
ten (10) days from and after written notice thereof, the non-
defaulting Party may, at its option, terminate this Agreement by
giving the defaulting Party written notice thereof .
12 .2 In addition to the right to terminate the Agreement,
this Agreement may be terminated by either Party for any or no
reason upon giving at least ninety (90) days prior written notice
to the other Party .
13 . Validity.
Resolution No. 04-115
Page 15 of 20
If any one or more of the terms, provisions , promises,
covenants or conditions of this Agreement shall to any extent be
adjudged invalid, unenforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, each and all of
the remaining terms, provisions, promises, covenants and
conditions of this Agreement shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by
Law.
14 . Non-Discrimination.
Each of the Parties hereto covenant by and for itself , its
administrators and assigns, and all persons claiming under or
through it, that this Agreement is made subject to the condition
that there shall be no discrimination against or segregation of
any person or group of persons, on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry, in
the use, occupancy or enjoyment of the Parking Lot subject to this
Agreement .
15 . Amendment.
Any modifications to this Agreement must be in the form of a
written amendment agreed to by the Parties .
16 . Waiver.
The failure of either Party to insist upon strict performance
of any of the terms, conditions or covenants in this Agreement
shall not be deemed a waiver of any right or remedy for a
subsequent breach or default of the terms, conditions or covenants
herein contained.
17 . Counterparts .
This Agreement may be executed in two (2 ) or more
counterparts, each of which shall be deemed an original, but all
of which taken together shall constitute one and the same
Agreement .
18 . Time.
Time is of the essence for every provision of this Agreement
in which time is an element .
Resolution No. 04-115
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19 . Entire Agreement.
This Agreement, including the Exhibits attached hereto,
constitutes the entire agreement between the Parties with respect
to the subject matter hereof and supersedes all prior agreements
between the Parties with respect to the matters contained in this
Agreement .
IN WITNESS WHEREOF, the Parties have executed this Agreement
as of the Effective Date.
CITY OF RANCHO CUCAMONGA
By:
Titl 9
Date:
ATTEST:
Deb ie Adams, ity Clerk
APPROVED AS TO FORM:
James L. Markman, City Attorney
ETIWANDA SCHOOL DISTRICT
By:
Title: [� /7 ✓7U-7
Date: 7 ZL. J�
Resolution No. 04-115
Page 17 of 20
EXHIBIT "A"
SITE MAP OF SCHOOL SITE
(To be attached)
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Resolution No. 04-115
Page 19 of 20
EXHIBIT "B"
SITE MAP OF PROPERTY
DEPICTING
APPROXIMATE LOCATIONS OF POINTS OF CONNECTION
FOR WATER, SEWER AND ELECTRICAL POWER
[To be attached]
Resolution No. 04-115
Page 20 of 20
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