HomeMy WebLinkAbout06-074 - Resolutions RESOLUTION NO. 06-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
TRANSFER AND TERMINATION OF ALL EXISTING INTERESTS
IN THE PROPERTY COMMONLY KNOWN AS JERSEY FIRE
STATION NO. 174 AND MAINTENANCE FACILITY SUBJECT TO A
LICENSE FOR THE USE OF THE WOOD SHOP WITHIN SUCH
PROPERTY
WHEREAS, it is the purpose and goal of the City of Rancho Cucamonga ("City')to
provide adequate fire protection and emergency services for residents and businesses located
within the City; and
WHEREAS,to satisfy such purpose and goal, on April 21, 1994,the City entered into
a lease with the Rancho Cucamonga Fire Protection District ("District') for Station No. 174 (the
"Lease"); and
WHEREAS, the District has become the primary fire protection and emergency
services provider for the City; and
WHEREAS, it is in the best interests of the residents and businesses within the City
to have the District own and operate all fire protection and emergency services facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (the "City
Council") as follows:
1. The City Council hereby finds,from all evidence submitted, that Station No. 174
is no longer required to be held in title by the City, and the City Council hereby
makes its order to quitclaim all of its right, title and interest in and to Station No.
174 to the District, including the termination of the Lease (the "Transfer").
2. The City Council hereby further finds, from all evidence submitted, that the City
has continuing need to use the wood shop and tools and equipment within
Station No. 174 for various public works projects, and the City Council hereby
makes its order to obtain a license from the District for such use (the"License')
3. To effect the Transfer, the Mayor of the City is hereby authorized to execute a
Quitclaim Deed from the City to the District in the form attached hereto, and by
this reference made a part hereof, and a Lease Termination by and between the
City and the District in the form attached hereto, and by this reference made a
part hereof.
4. To effect the License, the Mayor of the City is hereby authorized to execute a
License Agreement by and between the City and the District in the form attached
hereto, and by this reference made a part hereof.
5. The City Clerk of the City shall certify to the passage and adoption of this
resolution, and it shall thereupon take effect and be in force.
Resolution No. 06-074
Page 2 of 14
6. The City Clerk of the City shall cause a certified copy of this resolution to be
recorded in the Official Records of San Bernardino County, California.
PASSED, APPROVED, AND ADOPTED this 15`" day of March 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Ale nder, Mayor
ATTEST:
Ab"': "6U�
D bra J. Ada , 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 15th day of March 2006.
Executed this 16`" day of March 2006, at Rancho Cucamonga, California.
L&x 5 L�
Deltira J. Adams, C, City Clerk
Resolution No. 06-074
Page 3 of 14
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO
AND MAIL TAX STATEMENTS TO:
Rancho Cucamonga Fire Protection District
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attention: Secretary
APN: ',D,�C� , 3 Li
[Space Above For Recorder's Use Only]
This Quitclaim Deed is exempt from Recording Fees pursuant to Califomia Government Code
Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and
Taxation Code Section 11922.
QUITCLAIM DEED
(Station No. 174)
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the
CITY OF RANCHO CUCAMONGA, a municipal corporation, docs hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to the RANCI10 CUCAMONGA FIRE
PROTECTION DISTRICT,a public agency, all of its right,title and interest in and to that
certain real property more particularly described as follows:
PARCEL.NO. 8 OF PARCEL MAP NO. 11891 IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE. OF
CALIFORNIA,AS PER MAY RECORDED IN BOOK 140, PAGES 83
THROUGH 90, INCLUSIVE, AND AMENDED IN BOOK 168, PAGES 26
THROUGH 37, INCLUSIVE, BOTH OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
[This Space Intentionally Left Blank, Signatures On 71ic Next Page]
e7mo3_I
IhAIL TRX STATFM;rpT9 AS NoU.7Fn AUOVE
Resolution No. 06-074
Page 4 of 14
IN WITNESS WHEREOF,the undersigned has executed this Quitclaim Deed as of the
date set forth below.
Datedasof: , 2006.
CITY OF RANCHO CUC VIONGA, a municipal
corporation
Name: _ 1e lP al' er
Its: N�� i
ATTEST
Ey:
Name: ,�� OM3 --Its: a;T
APPROVED AS TO FORM:
Richards, Watson and Gershon,
Attorn"C,Owen
870103.1 .�
Resolution No. 06-074
Page 5 of 14
LEASE TERMINATION
(Station No. 174)
THIS LEASE TERMINATION (this"Termination")is made and entered into as of
AX1, L5,2006,by and between the the CITY OF RANCHO CUCAMONGA,a
municipal corporation ("Lessor"),and the RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT,a public agency("Lessee"),with respect to the following:
RECITALS
A. Lessor and Lessee entered into that certain Lease that commenced on April 21,
1994 (as amended and otherwise supplemented from time to time,the"Lease"),for the property
commonly known by the street address of 11297 Jersey Boulevard,Rancho Cucamonga,
California(the"Property").
B. Concurrently herewith, Lessor is transferring all of its right,title and interest in
and to the Property to Lessee.
C. In connection with such transfer, Lessor and Lessee have agreed to terminate the
Lease on the terms and conditions provided herein.
AGREEMENT
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the parties hereto agree as follows:
1. Termination. Lessor and Lessee hereby agree to terminate the Lease such that the
same shall be of no further force or effect,and shall no longer affect the"Premises"(as defined
in the Lease), from and after the date hereof.
2. Release. Lessor hereby releases Lessee from any and all obligations and/or
liability under,or with respect to,the Lease and/or the Premises. Lessee hereby releases Lessor
from any and all obligations and/or liability under,or with respect to,the Lease and/or the
Premises.
3. Counterparts. This Termination may be executed in any number of counterparts,
each of which,when executed and delivered,shall be deemed to be an original,and all of which,
taken together,shall be deemed to be one and the same instrument.
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870143.1
Resolution No. 06-074
Page 6 of 14
IN WITNESS WHEREOF,Lessor and Lessee have executed this Lease Termination as
of the date and year first above written.
LESSOR: CITY OF RANCHO CUC ON A, riunicipal
corporation
By. l !�
Name: M .T. EXflNd�
Its: 13 yD1 c
ATTEST:
By: &1 &111
Name: Q�} 1
Its:
APPROVED AS TO FORM:
Richards, Watson and Gershon,
Attorneys for Coity
M T
4
Owen P.Gross
LESSEE: RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT,a public agency —\
Name:
Its: /1.�5r CNT
870143.1 2
Resolution No. 06-074
Page 7 of 14
LICENSE AGREEMENT
(Station No. 174)
THIS LICENSE AGREEMENT(this"Agreement")is made as of A9UH 15
2006,by and between the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,a public
agency("District"),and the CITY OF RANCHO CUCAMONGA,a municipal corporation
("City"),with respect to the following:
RFCITAI 4:
A. District is the owner in fee simple of the real property commonly known by the
street address of 11297 Jersey Boulevard, Rancho Cucamonga,California,and more particularly
described in Exhibit A attached hereto(the"Property").
B. The Property is improved with a fire station commonly known as Fire Station
No. 174(the"Fire Station").
C. Located within the Fire Station is an approximately 480 square foot wood shop as
more particularly depicted in Fxhihit R attached hereto(the"Wood Shop").
D. City desires to use the Wood Shop,and the tools and equipment located therein
from time to time(collectively,the"Facilities"),in connection with various public works projects.
E. District has agreed to permit City to use the Facilities on the terms,and subject to
the conditions,set forth herein.
AGRFFMFNT:
NOW,THEREFORE,in consideration of the above recitals and of the mutual covenants
contained herein,the parties agree c, follows:
1. Grant of License- Term. District grants a license to City for the exclusive use of
the Facilities for public works projects and parking on,and access to and from the Wood Shop
over,the Property incidental to such use(the"License"). This License may only be terminated
by District upon a default by City hereunder that is not cured by City within thirty(30)days after
City's receipt of notice thereof from District;provided,however,if such breach cannot
reasonably be cured within such thirty(30)day period but is capable,with reasonable diligence,
of being cured within a total of ninety(90)days,City shall have an additional sixty(60)days in
which to effect such cure provided that City commences to cure such breach within the initial
thirty(30)day period,at all times diligently pursues the cure to completion,and in fact completes
such cure within the subsequent sixty(60)day period.
2. Ilse- Restoration. City shall use the License in compliance with all applicable
laws. Except in the event of an emergency,City may only use the License between the hours of
8am and Bpm on days that the Fire Station is operating. In the event of an emergency,City may
use the License at any time that the Fire Station is operating. District shall provide City with a
key to the Fire Station that provides access to and from the Wood Shop;provided,however,that
870147,2
Resolution No. 06-074
Page 8 of 14
City shall only use such key in the event the Fire Station is unoccupied. City shall restore the
Facilities to their pre-existing condition,reasonable wear and tear excepted,after completing each
use of the Facilities,including general clean-up and maintenance,repair and/or replacement of tools
and equipment located in the Wood Shop that are damaged or broken as a result of City's use
thereof.
3. Other t ices. District reserves the right to use the Facilities in the event of an
emergency. Otherwise, District shall not be permitted to use,or grant to others the right to use,
the Facilities.
4. Effect. This Agreement shall not affect District's ownership of the Property in
any manner whatsoever,and City shall not acquire any rights in the Property as a result of the
License,except those rights specifically set forth in this Agreement.
5. Indemnification. City shall indemnify,defend and hold District and the Property
harmless from and against all liability,damage,loss,cost or expense suffered,incurred or
sustained by District or the Property in connection with City's use of the License.
Notwithstanding the foregoing, it is the intent of City and District that City shall be liable to so
indemnify,defend and hold harmless District and the Property under this Section 5 irrespective
of the cause of such indemnification liability(i.e.,regardless of whether or not caused by any act,
omission,willful misconduct or negligent conduct(whether active or passive)of City,or
otherwise),except to the extent that the cause of such indemnification liability is the gross
negligence or willful misconduct of District. The provisions of this Section 5 shall survive until
such time as all such liability,damage,loss,cost or expense shall have been barred by applicable
statutes of limitations.
6. Insurance. City shall obtain and maintain a policy of commercial general liability
insurance issued by an insurer reasonably satisfactory to District covering the use of the License
with a single limit of liability(per occurrence and aggregate)of not less than One Million Dollars
($1,000,000),and deliver tc District certificates of insurance evidencing that such insurance is in
force and effect and that District has been named as an additional insured thereunder. Such
insurance shall be written on an"occurrence"basis.
7. Sueressnrc and Assigns. This Agreement shall bind and inure to the benefit of the
parties and their respective successors and assigns.
8. Further Assivances. The parties shall promptly execute,acknowledge,deliver and
record such instruments and take such actions as may be reasonably necessary to evidence and
perform all of the obligations and rights granted or created in this Agreement.
9. Attorneys' Fees, In the event of any dispute involving the enforcement of any
provision of this Agreement,the prevailing party shall be entitled to recover from the other such
attorneys' fees and costs as are actually incurred, including the reasonable costs of investigation,
preparation,professional and expert consultation incurred by reason of such dispute,as an item of
cost and not of damage.
8711 47.2 2
Resolution No. 06-074
Page 9 of 14
10. Waiver. The waiver of a breach of,or default under,any provision of this
Agreement shall not operate,or be construed,as a waiver of any subsequent breach or default.
11. Integration. This Agreement represents the entire agreement and understanding of
the parties with respect to the subject matter hereof. It may not be modified except by a writing
signed by District and City,or their respective successors or assigns.
12. Choice of i aw. This Agreement has been made in,and its validity,performance
and effect shall be determined in accordance with the laws of,the State of California.
13. Heading . The headings of sections in this Agreement are for convenience only;
they form no pari of this Agreement and shall not affect its interpretation.
14. No Joint Venture. The parties do not intend by this Agreement to create a
partnership or joint venture but merely to set forth the terms and conditions of the obligations and
rights of the parties regarding the License and related matters.
15. Notice. Any notice,request,direction,demand,consent,waiver, approval or
other communication required or permitted to be given hereunder shall not be effective unless it
is given in writing and shall be delivered(a)in person,(b)by certified mail,postage prepaid,
return receipt requested, (c)by facsimile,or(d)by a commercial overnight courier that
guarantees next day delivery and provides a receipt,and addressed to the parties at the addresses
stated below,or at such other address as either party may hereafter notify the other in writing as
aforementioned:
If to City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga,California 91730
Attention: City Manager
Facsimile: (909)477-2846
If to District: Rancho Cucamonga Fire Protection District
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attention: Fire Chief
Facsimile: (909)477-2772
Service of any such notice or other communications so made shall be deemed effective on
the day of actual delivery(whether accepted or refused)as evidenced by confirmed answerback if
by facsimile(provided that if any notice or other communication to be delivered by facsimile is
unable to be transmitted because of a problem affecting the receiving party's facsimile machine,
the deadline for receiving such notice or other communication shall be extended through the next
business day),as shown by the addressee's return receipt if by certified mail,and as confirmed by
the courier service if by courier;provided,however,that if such actual delivery occurs after 5:00
p.m.(local time where received)or on a non-business day,then such notice or demand so made
shall be deemed effective on the first business day following the day of actual delivery. No
8701471 3
Resolution No. 06-074
Page 10 of 14
communications via electronic mail shall be effective to give any notice,request,direction,
demand,consent,waiver,approval or other communications hereunder.
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870147.2 q
Resolution No. 06-074
Page 11 of 14
IN WITNESS WHEREOF,the undersigned have executed this License Agreement as of
the day and year first set forth above.
CITY: CITY OF RANCHO CUCAMONGA,a municipal
corporation
/f
Name:
Its: 0 c
ATTEST:
By: t 4'_ OA-elt-jj._
Name: -cy ()A/I
Its: E
APPROVED AS TO FORM:
Richards, Watson and Gershon,
Attome r City
54-
Owen P. Grosse
r'-STRICT: RANCHO CUCAMONGA FIT'.F_PROTECTION
DISTRICT,a public a nc
t; 1 !
By:
Name: E1 NLL�
Its: Qfg/ ENT
870147.2 5
Resolution No. 06-074
Page 12 of 14
EXHIBIT A
I RGAL DRSCRIPTION OF PROPFRTY
PARCEL NO. 8 OF PARCEL MAP NO. 11891 IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER MAP RECORDED
IN BOOK 140,PAGES 83 THROUGH 90,INCLUSIVE,AND AMENDED IN BOOK 168,
PAGES 26 THROUGH 37, INCLUSIVE, BOTH OF PARCEL MAPS,IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
8701422 A-1
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