Loading...
HomeMy WebLinkAboutCounty of Mendocino 2010-09-14BOS AGREEMENT # t~ - 5z MEMORANDUM OF UNDERSTANDING (Superseding BOS Agreement 09-071) This Memorandum of Understanding (MOU) is entered into on the IN y day of t"TiT,,MV2Cg , 2010 ("Effective Date"), by and between the County of Mendocino (hereinafter referred to as "the County") and the City of Ukiah (hereinafter referred to as "the City"), superseding BOS Agreement No.09-071: Whereas, on June 26, 1973, the City and the County entered into a 'Cost Sharing Agreement Based on Use' ("Use Agreement", see attached Exhibit A) for property (APN 001-020-09) adjoining the County Regional Park on Low Gap Road, said property being more particularly depicted and described in the attached "Exhibit B" and "Exhibit C"; and Whereas, the area subject to the Use Agreement ("the Parking Area") is a portion of APN 001-020-09; and Whereas, the terms of the Use Agreement granted the County of Mendocino the use of "the Parking Area" for a parking facility for said park, in return for a contribution toward the purchase price of APN 001-020-09, not to exceed $12,500; and Whereas, after the City's purchase of APN 001-020-09, the County developed a portion of APN 001-020-09 ("the Park Use Area"), for a parking facility, picnic tables, playground, tennis courts, volleyball courts, and a Rotary Club memorial grove; and Whereas, since 1973, the County has continually developed, improved, installed, operated and maintained the "Park Use Area", which is more particularly described in the attached "Exhibit D", as a portion of the County Regional Park on Low Gap Road; and Whereas, the City will be constructing a Skate Park and restrooms located within the "Park Use Area", which is more particularly described in the attached "Exhibit E"; and Whereas, the City has received a grant from Robe rti-Z'Berg-Harris Nonurbanized Area Need-Basis Program 2002 in the amount of $500,000 ("the Grant"), which contains conditions with which the City is required to comply; and Whereas, under the terms of the Grant, the City is required to exercise "site control" over the property improved with grant funds and to keep the improved facilities available for public recreation, purposes for not less than twenty (20) years; and Whereas, "site control" for the operation, management, oversight, and maintenance of Low Gap Regional Park was established on October 2, 2007, under Board of Supervisors Agreement 07-202, and subsequently superseded on May 12, 2009, under Board of Supervisors Agreement 09-071 to further include "site control" over the location of the Skate Park and Restroom area; and Whereas, the terms of the Use Agreement give the County the use of the Ukiah Skate Park for property development; and Whereas, the County has agreed to put forth $70,000 of Prop 40 funds to the City for the building of a skate park at the Low Gap Park; and Whereas, after the County's contribution toward development of the Ukiah Skate Park, the City will continue to dedicate the Ukiah Skate Park for public and community use; and Whereas, under the terms of the Grant, the City must have the authority to oversee and approve the County's use of the improved property in order to comply with the City's obligations under the terms of the Grant; and Whereas, for the foregoing reasons, the City and County desire to set forth herein their rights and obligations concerning the operation and maintenance of the Ukiah Skate Park; and Whereas, the City and the County mutually agree to support one another's applications for future grant funding for Low Gap Park; Now, therefore, the following are the terms and conditions of this MOU: 1. The County will continue, at its own expense, to operate, manage, provide oversight of, and maintain the Park Use Area for the uses currently conducted on that property, described above, as part of the County Regional Park on Low Gap Road. The County will continue to maintain the playground equipment as required by Proposition 12. The County shall use reasonable efforts to maintain the current facilities within the newly described "Park Use Area" (Exhibit E) in a condition that allows for public use of the facilities for their intended purposes and shall not permit or maintain a dangerous condition of public property thereon. 2. In the event that the County does not operate, manage, provide oversight of, and maintain the facilities in the "Park Use Area" and within the County Regional Park on Low Gap Road in the condition as required by Section 1 of this Agreement, the City shall have the right to provide written notice to the County of any conditions that violate the requirements of this Section 2. Within 15 days of its receipt of the notice, the County must provide the City Manager with a written response.. The current conditions of the facilities of the Park Use Area are depicted on the attached "Exhibit F. Nothing in this Agreement shall be construed to require the County to assign an employee to supervise the Park Use Area at all times that it is being used by the public. The County in its discretion shall determine how often and by what means it supervises the use of the Park Use Area. 3. In the event that the City does not provide adequate supervision and oversight of the Skate Park, so as to minimize any negative impacts on the County leased portion of the City's property (Park Use Area), the County shall have the right to provide written notice to the City of any conditions that violate the requirements of this Section 3. Within 15 days of its receipt of the notice, the City Manager must provide the County with a written response. Nothing in this Agreement shall be construed to require the City to assign an employee to supervise the Skate Park at all times that it is being used by the public. The City in its discretion shall determine how often and by what means it supervises the use of the Skate Park. 4. The City shall at its own expense operate, manage, provide oversight of, and maintain the Ukiah Skate park for public recreation purposes. The City shall use reasonable efforts to maintain the park in a condition that allows for public use for its intended purposes and does not constitute a dangerous condition of public property. For the term of this MOU, the County hereby grants the City authority to manage, direct, superintend, restrict, regulate, govern, administer, or oversee the Skate Park portion of the property located at 1041 Low Gap Road, Ukiah, California for the public recreational use of said property and the City shall keep the Ukiah Skate Park available for public recreational purposes and in a condition suitable for such purposes, for a period of twenty (20) years from the completion of the work funded by the Grant. 5. The County shall have the right to provide the City with written notification In the event that the City does not operate, manage, provide oversight of, and maintain the Ukiah Skate park in an operational condition as of the Effective Date and in a condition as required by paragraph 4 above. 6. Within 15 days of its receipt of the notice as described in paragraph 5, the City manager must provide the County with a written response, setting forth remedies which are acceptable to the County. If the City closes the Skate park, it shall accept full responsibility for any liabilities of the County arising under the terms of the Grant agreement, if any, and shall fully indemnify and defend the County from and against any such liability. 7. The "Park Use Area" shall no longer include the City owned property wherein the City plans to build the Skate Park, as depicted in Exhibit E, and the County has no ownership, or operation and maintenance responsibilities of the Skate Park. 8. The City shall provide restroom facilities on the City's property near the location of the Skate Park and shall maintain said restroom facilities, which shall be available for the use by users of the Skate Park and the Park Use Area. If the restrooms are damaged at any time by minor vandalism (an amount not to exceed $2,000), the City and the County shall share equally the cost to repair such damage. If the restrooms are damaged at any time by major vandalism (an amount over $2,000) the City shall be solely responsible for the costs associated with the repairs. If at any time prior to December 31, 2012, the State of California releases the County's Proposition 40 per capita funding, the County shall contribute, not to exceed, $70,000 of said funds to pay or reimburse the cost of construction of the Skate Park. Said $70,000 from the County is contingent upon approval by the State for said project. 9. The City shall provide parking lot enhancements to include combining into a single parking lot the two existing parking lots and paving the lots in accordance with standards mutually agreeable to the parties. Once the lots have been improved, as provided herein, the parties shall share equally the costs to maintain the parking lot infrastructure. Routine daily maintenance of the parking lot shall be the responsibility of the City. 10. City and County will comply with all federal, state, and local laws and ordinances as may be applicable to the carrying out this MOU. 11. The Term o the MOU shall commence on 2010 shall continue until , 2030. This MOU may be,extended on its same terms and conditi ns, fora period not to exceed twenty (20) .years, upon written agreement between the County and City. 12. The County shall indemnify, defend and hold harmless the City, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including the fees of attorneys, investigators, experts, expert witnesses and consultants, arising out of the County's performance under this Memorandum of Understanding, and the performance thereunder of its contractors, subcontractors, officers, agents and employees or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where the claim, damage, loss or expense is caused by active, sole negligence, or willful misconduct of the City. County shall name City as an additional insured under its insurance coverage, whether by an insurance company or a joint powers agency. County shall furnish City with a policy endorsement or other satisfactory evidence that such coverage is in effect and that City is named as an additional insured. 13. The City shall indemnify, defend and hold harmless the County, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including the fees of attorneys, investigators, experts, expert witnesses and consultants, arising out of the City's performance under this Memorandum of Understanding, and the performance thereunder of its contractors, subcontractors, officers, agents and employees or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where the claim, damage, loss or expense is caused by active, sole negligence, or willful misconduct of the County. City shall name County as an additional insured under its insurance coverage, whether by an insurance company or a joint powers agency. City shall furnish County with a policy j . endorsement or other satisfactory evidence that such coverage is in effect and that County is named as an additional insured. 14. County and City each bind themselves, their partners, successors, executors, and administrators and assigns to the other party to this MOU, and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. 15. Except as above, neither County nor City shall assign, sublet, or transfer this interest in this MOU without the written consent of the other. 16. This MOU may be terminated by either party with a 60 day written notification to the other party. This MOU may be amended by written consent of both parties. Either party shall have the right to terminate the MOU upon the failure of the other party to adhere to the conditions of the MOU. Notice of intent to terminate shall be in writing, and shall provide that the party not in compliance shall have the right to come into compliance within 60 days of receiving such written notification. 17. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this MOU or.any part thereof is, for any reason, held to illegal, such decision shall not affect the validity of the remaining portions of this Agreement or any part thereof. 18. No waiver, alteration, or modification of any of the provisions of this MOU shall be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. 19. Whenever notice is permitted or required under the terms of this Agreement, it shall be deemed given when received, if delivered personally, by fax or by overnight courier, and 48 hours after deposit in the United States Mail with proper first class postage affixed thereto. Notices shall be sent to the following address or fax number, unless notice of an address change is given as provided herein. CITY OF UKIAH C/O City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Fax: 463-6204 COUNTY OF MENDOCINO C/O GSA 841 Low Gap Road Ukiah, CA. 95482 Fax: 463-4673 IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original the day and year first above written. CITY OF UKIAH COUNTY OF MENDOCINO ity anager 9* A'7z9 Date ATTEST: OA i Clerk APPROVED AS TO FORM: City Chair, Board of Supervisors Date ATTEST: \41M R UI LI IC DUdl U APPROVED AS TO FORM: JEANINE B. County Cow INSURAN E REQUIREMENTS: KRISTI McMENOMEY, Director Gener Services Agency By ISK MANAGER IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate original the day and year first above written. CITY OF UKIAH COUNTY OF MENDOCINO City Mayor Chair, Board of Su ervisors SEP 1 2010 Date Date ATTEST: ATTEST: City Clerk Clerk of the Board DEPUTY APPROVED S TO FORM: APPROVED AS TO FORM: City Atto ey J ANINE B. ADEL, Co nsel INSURANCE REQUIREMENTS: KRISTIN McMENOMEY, Director General Services Agency -#n= By RISK MANAGER I hereby certify that according to the provisions of Government Code sections 25103, delivery of this document has been made. CARMEL J ANGELO Clerk of the Board By- Deputy EXHIBIT A COST SHATtT'NG .AGRE:'Efi1EX+TT 3 iilhJEiZEAS; ti no., c1ty of Wle ah has itev t..9-td A paxc:el _Df proporty a.dj:aan 'ng the propose-4 :county 9.e84.Qr~al ?*lc 00 Low C;a-# aid V~HBItEIkS; `tlie Qoun :y of Mena. Y10 has ' 71d C>at d,; Ilia#. xn re.. Ilrn :nor the use of a pv:rt pn of the propFerty -far .a pang 8. fat' Uty f-b`r 014 par., the County Of '(is idac o..-would roii~r Mute th:e l-iind e,.;,. say. g-i re nrrt to exceed S. p 0, 00 .17 • 1;'9 20 2I 2~. E4 25 2 2$. 2:9 ~Q 31 That the parties liereta sr to t}ie #o7lowixtg ae.urances. 1. That :the Covoty, of Afendo:tzn'o, State o. C'al £orn3,a Vi.ll o9iitr bu a tine ~ia7`° o9 th* Und purchase p i:ce, s a ti' fi 'o e A t do O=-eed. ] Za sop ~ 00;;. Sad ontr btrt%on t.o. be made Wi.thii $0 day$ from the closing Of 041'row. ti. 4o. #1 o city of t1kith .S "A t:e o Cad orn a,, `i 17 ] ] ot±r said C:61ty' to .a po.rtioi' of. the pv.c}ias:ed property. br the pax3c :ng of vehicl. s of t.-A-, - peisoas ;.liz Ag the propo$ed Lqw Gap Reg pons 1?arlc. $aid PUT-ti-Aft. ut'f1i.04. will. ba ldcatei! iii the s:oarthwe`st portion of th;e v.4rc`pto be. pure} ass d S:aa.rt iifi ;];l:zati.oiL i;ti 11 be vrgvi.d6d. tM#jj the. Yee.r .201-9 3.. If this rclas.ed prap:ertty ?s not ;O&ilab:le to `tlje Cr i tty tar Para pavtdiv.g purposes;pr"t t`od M, iha City a.gvAes to re%iul.uTS'e: the Coc~n'tun%n'g P. C. WA-1 Urn 4-P A2,80n:0Q t:4 the C.ount3►. IN VfixN:ES K!HELtEOp, t} s, ag.p:eEine:iit 1;as 1i:eeri ex.eciite by C this day of. °►e- 1973, ana.":by C;ty.t'hs .lay ..f. 1.rr Y9.. EXHIBIT A Z Go,t,Ti.t1r of Tiel~~loc~na City. of Ukiah., agitate pf tat•e n£ G l or is GaT fr rti a; a Mualci~a] z ~u n; aa0%, ..I:ig:e:.z`v s:o s , ti1..ay4t bferWide -Afl ~;ot ~ ty s •iAT tfitOl~A H., 91C tsaiJ co t mar .a d. Vic- ? y P.Z.- TV 1 a : . 13 • I ~.5 i 1 2A • 27. i f i ~ ~ j i 3° ' M1 I y ex-HIB T Qcc~ie3 CPiin~g • 45.1-.94 p coea]ya x~ollESrjeo:'ei? RECOO ~t:AT;llEDtLS:i ~ ,'vrlltP?:!mE';NUr~um An^rli. r• Awp ►vxerr.:neeoners, w~Cl..!: ra? p0D6 '~i7't±i P.ACi~~~3 p. 'lie C. i ! 6f t1kidl ,~e!P■ ~«1J:7 ~ ~~!~er'~-; Urfl► , pJ~J,Lo. 'TlrleS3ld~,kl.~To. 6B6D~ G:~b~vN$- • , suss. . . 8A ••e.A4ov r,HiS FIN>:•~'O.H n>EtroaD.rnr' ryiutii~ ~rti•+ik«.lq.iie . (t O d above ad .glarytrataterlax{.,~3. ;J. ,tiweE$g 'Abinpul.d sp:tUtt-w{Jdo.:oi d%pariig eoaveyrd, ae Jul O04.w ON Tul( url4e,lw;.1mi oomi !mip.h. i i:lra,~,i dntn~, ijieN;d t dm■ p[ Yple t r#, r4 dloa!ltaN$In:cYnaM ryer,o4` . >Faie•-vnrttllzR~C'MY" q!gMl 3- :SfM- ;pu "4` M.E sr W.W.14 ti+`_,* !1'ki0> SAS. E tnC1R0Ii'DEl tow SEfARON GQI{OA.14h, s N.,3 •e NS ■ 3Rd r; rt#twrE s~a ICVF.S`e 11i s iv3€e; 4iRAlY1'_ co. M. WT$ 0 C)R37►F(:~ a 9010441 C">ioi ioYir .dri`i>ai~ea!'p;apFitydl~eieinihe. • . e kiaua~!tit ~tX'~iidac~.•na~ rbtia~enrc:~tgani~;'eaen'lxdaso~Eow~s: 71:' aL~P ~L;9,'S,Ty~ -fL7vyilp•1r. 'aG~epd F71P..JiCB eoua~-,L1 r7-• Lu•• .7iasL.i~ :.Q~,:6t>J<..raee4L:I►elfc~ + If6 tli, XAp 30-1 East; -US Olt feet tip; 0AM Eiorthe~l I3[ie o$ Ut 8t $E~phct, Ftastti * ~iO 3!!' IYeSt, al~ng said d~pstherly, ible bli , S.4 fees to irhe -oin$ bf '(CUP.TtNCt • ttxercna:, tL. drip tiny. 2;q 'feQ :3n, 'r;}tltl! 3+p3 ricj al'igni7 adj a tp sai~7 ~1or.thsi;Yy tiae..0 L•Rt 0 iitii~ cait~.¢~n}ng a;~.1:er:'si~e~ less. e.c~liotE, S 0:0 aars~• more' or pat.-... : '"Ju?:': • ~19~ • AJILI~ ••t` m1t5..r't.. 73, ~ . ndtie.i'eiif 7 ,the . $i~` • . ,ia4' LefeEemE• . i!!yhY.+aV.ml: f d r,4a .1 w1+ '!AP YBTlYV1QCli_1hQaTL'Ye: h1itlG 111%~HTATEIX.FJiTf,.!~tl DIR[CTLD'.JSEOyE UaCt PAGES fifty' -j'_,~}~' 4(i.Cp!~tl'.d! tij:r.4 /:■f••,+, :'•~•Frtw4~+.Yht~ s EXHIBI.. B • .~~~.p ~oun~s► !~„!'fIFrEI~TE .©T' A~~9'1'IAFI~ ' Th(; iF,14egM„. ! t~!oi:.ItAe>.N~taiesi.infeb! piap• erlli eenveye~.bR 1Fe'dald ~;r praril ~fgiee! ~ ~u ~ 9"9•`3':.: : fRamCkps3!etz ~5fi1tpuu: as;~ ~7x.a~, ;Sh3auni~ et 41. i ile. L~.ey ~f ~F ?Cli't df gist =.5: a i.'.wor i 4. +!'!,~'~r .~..w ►a~RliOn.~'`i" ~:i;•~1 ti•1~.Y ~ll " ~ • ~•:=C~lI1.V, Apk'.A1~ Ira" Ia!!: upoiMS+i'it~?t. tit wi ?p t -!i•nt al( !it' ll w C(yr. t~ rain !_~!K ai t.i]h~! A',n!}~!{~~,i!tYiHb+1+G~i~' • ~ f !u• ~ A ' ' Itu., I Iwo f' IhE pfy; t+q;lullj Siv. p(;Lkiib igult pd . on Feliruay jj ~?1 1. biid O us, Qrdn a ~??u~tilvi . Id:, iaeei8alton fipteef br. lid tlill~y :qullierk4d; " 1• r t , lv~ .11 r •t C~CR CIO ft. v . i = ti S j , ' r Ukiah Players Theate4 et al E HIBI`I" Legal:.Desca.~p aE of Beim a portiQa th- t tract.aflaud# S-1 "m ii; Gofort'b and. Rawles: to ft C j! o lkt'at1, as fecor(,ed Ju1y~ 2 , 1973 w Official Itec ii~ds al'i~lehdoc9no Cflnnt}~s Bank 932, Page 3Q , paid: portdn leing rriorapari3citl_~ly do~riled as, f~~~►s Ali: that:poWa of Lot 8, ofthe Ypkayo l cho ly%ng Witt intlYe County 4ft!IOrtdpcbo, Sate of CIY£orpi being rndi'e particularly descrihed.as'follows ommenaing at a point. on the nprtl~erly.l to of L.O.f:8, of t ie 'Yb yo i. anohoy said :pay rit 414g $:71630! E, ft. t9 teat from, the northWb,§t corner: of said Lot thew e Wying said point of comrneneei W _ °1~'~ W V,"*ot $pm S 11630,'00" t. .169A4 feet to the Z'ft Point of'B:e.~inning, thence;le4w.."n tli~ #rue,point n1''bcgrnnrng s l:~°~ l'QO'1 W, 1220 feet;. ti epee S'430~WOVI E,110a16 f`eefi thence t:47'13'38" E, 71.04 feet; theneeN 82°2'7,'00" E; 220:231'ee thence 1 '3:Q 00 1;1.D:d (iS poet; t of co N .10.3:.0 p 360..00 feet in the'True Point of:Beg iuun.8, -con~ta mug 1;31 bores, Moro ox less, 11 is real .liroperty desc ig ow as licon prepared by me or, under my ci :reotion- In conformance Wiitii the Yrof`e.. siana.1 U04 Surveyors' Art: Artiu V Colvin >rS fa:1,1;2 Lcp:;R~:1'=08 -Dated Goiu ty Surveyor Low Gap County Parry EXHIBIT D Legal Pesot-iption. Eeii g a.portion. of tt►at track ofland;. $hjh run; Go `o~rti and. ;wiles to: ti?e City atub,, as raid rded Filly 25, .1973 hi 011--dfal Recbrds. of Uppdoeing eottntyx 000 X33, Page sa%1 portoAeig. Coro .pari0itiily deiiled a~ follows: . or Ali that. portion of T.af df't e; ql ayb Rnri-,.h lyix g ► t1`z n the . y..-'f -chd -bid Mate of Caiafarn%a# being: more partic~arly described Wfallo"41 C. oni n eve n at a: pWot :on the ao~rtli04 W of LOB, ;of die Yokuyo Rancho; said po*i tying 5 7] SW E? 673.4:19 feet from tho northwest corner of said Lot O moo beat/ 4-Wd point of:comti ei c,eriient: S 60°1,-9' W'% 26;:84. feet i s die True Point: of:Begi thence leaving said true pout of l egixn i g: $ 60° 19'Qt?" ?V'; 21 OA3 ;feet; dio ce S :,3:8400" E; 400,89'f ot tbsnoe S 39°25`i1:0" E;, 71.34 feet; t ieneeN 3SP26`0.0"- , 22z,3~ feet; thence N 4~ 13 38 'I~t~, 71 D4 feet, thence ~ 38 Ol ~1', i 14.1G €eot.theri~e N I8°3a'U:0" E; 12.10 feet; tlsence. N 71°30'0,0" 17V 168,14 feet to the True Point of Begirntuig, conta~u g 2.26 Aeres3 iriore-or<1ess: 't'his real property .de trips#ton has. been propared by me or under my direction; in conforma~~ce with trio. Professional Land SOVOYora' Act. Arthur t. `Colvin,. IS 61 Z Z Ep: 3.-3`1=08 C.bubv Sb vegor XuLY .5`,.S- VO Datti C SOS ;:QD'~: Q?`'~.° t O ( O n. , V ` eel' te :r • o.. a., ap. if, b . . A►15 -Ulf w.. ~ ~ + 11 rwQ • • . I' . tea: lp i t•w A. NW Car: Lod B Ypkaya: Rarcha Ai=tiliur '11 Cclvln~ L5 611 EXP. 1te; 3- 1-D8 Datq: I-El 5; 2 .lot • ~ larr 8_ i TtiEMER PARC9L Aii LOyV GAP PARK C+OUM5T1' PARE .