HomeMy WebLinkAboutCounty of Mendocino 2007-10-02, ('��L ,�L . 1��1��-'7
MEMORANDUM OF UNDERSTANDING �US AGREEMENT ���� -�o�
This Memorandum of Understanding (MOU) entered into on the
a"'� day of D�.a-o�e� , 2007 ("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"):
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, it is appropriate that the relationship between the City and the
County be memorialized with respect to the operation and maintenance of the
Park Use Area.
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 as part of the County Regional Park on Low Gap
Road. The County shall maintain the current facilities on the Park Use Area 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 on the Park Use Area and within the
County Regional Park on Low Gap Road in its current condition as of the
Effective Date and in a 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
1
notice, the County must provide the City with a written response, setting forth
remedies which are acceptable to the City. The current conditions of the facilities
of the Park Use Area are depicted on the attached "Exhibit E".
3. County will comply with all federal, state, and local laws and
ordinances as may be applicable to the carrying out this MOU.
4. The Term of the MOU shall commence on Oc�1o�,- z , 2007
shall continue until �r�b� � , 2027. This MOU may be extended on its
same terms and conditions, for a period not to exceed twenty (20) years, upon
written agreement between the County and City.
5. 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.
6. 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; and
7. Except as above, neither County nor City shall assign, sublet, or
transfer this interest in this MOU without the written consent of the other.
8. This MOU may be terminated or 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.
9. 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.
10. 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.
2
� � � 11. 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 �hereto. 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 COUNTY OF MENDOCINO
C/O City Manager C/O Parks Division
Ukiah Civic Center 841 Low Gap Road
300 Seminary Ave. Ukiah, CA. 95482
Ukiah, CA. 95482 Fax: 463-4673
Fax: 463-6204
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 Supervisors �o -�-o�.
�n - � - o�--
Date Date
ATTEST: ATTEST:
/�-/
City Clerk Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
�
City Attorney County Counsel
APPROVED:
� , /
� ,���„� ,'C�'
Risk Manager
APPROVAL RECOMMENDED BY:
.%;��%'' � • '� ��
: � 1�,�,
� Ge eral Servic s/Buildings and
Grounds
I hereby certify that acoo�d�g�o the
provisans of Govemment Code
Section 25103, delivery of this
docximer►t has l�een made.
KRISTI FURMAN
Clerk of the Board
3
�y:
11. 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 COUNTY OF MENDOCINO
C/O City Manager C/O Parks Division
Ukiah Civic Center 841 Low Gap Road
300 Seminary Ave. Ukiah, CA. 95482
Ukiah, CA. 95482 Fax: 463-4673
Fax: 463-6204
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 Manager Chair, Board of Supervisors
� �` ��= �
Date Date
A� � -� ATTEST:
City rk Clerk of the Board
APP D AS TO F M: APPROVED AS TO FORM:
Ci ney JEANINE B. NADEL,
County Counsel
INSURANCE REQUIREMENTS:
KRISTIN McMENOMEY, Director
General Services Agency
By
RISK MANAGER
3
EXHIBIT q
I . .
J. COST SfIARING AGP.EENIENT
B�1SED ON USE
2
, 3 1VHEREAS, the City of Ukiah has negotiated the purchase of
4 a parcel of property adjoining the p:oposed County Regional Park
5 on Lo�a Gap Road, and
6 6VHEP.EAS, the County of Mendocino has indicated, that in
7 return for the use of a portion of the property for a parking
8 facili.ty for said park, the County of htenclocino would contribute
9 nne h�li of t}ie l�nd purcliase price, said figure not to exceed
10 $12,500.00.
zi
J-2 W I T N E S S E T H:
13
14 That the parties hereta agree to the following assurances.
±5
i. T'r�at thc 1.4u;.�y of r4endecino, Sta*_e o� California will
16 contribute one l�alf of the land purchase price, said
17 figure not to exceed $12,500.00. Said contribution
18 to be made within 30 days from the closing of escrow.
19 2. That the City of Ulciah, State of California, will a11ow
20 said County to utilize a porti_on of the purchased
21 property for the parking of vehicles of those persons
22 utilizing the proposed Low Gap Regional Paxk. Said
23 portion utilized will �e located in the sourthwest
24 portion of the parcel to be purchased. Said utilization
25 will be provided until the year 2025.
� 26 3. If the purchased propert.y is not available to the County
27 for Fark parl:ing purposes prior to 20Z5, the City agrees
28 to reimburse the Co w�ty's funding participation up to
29
$12., 500, 00 to the C�unty.
30 IN WI'I'NESS j�'HLIZLOF, this agreement has been executed by
31 �` � G�, ,
Couxty thi.s o�� ` day of ', �G��� , �1973, and by Ci.ty this
32 �I�?�� day af_ 11,�P�� _, 1.97:5.
�
EXHIBIT A
;
;
,
,
1 County of P,fendocino City of Ukiah, State of
State of California California, a Municipal
2 - Corporation.
� �, � , (
� ,-:;.>>-:� ��.-� � �� � � ,�
Chaiz-�aan, Board o Supervisors, blayor
5 hfendocino County
6
7
ATTEST: Attest:
a ,/��2� i�1, �,����
VIOLA N. RTCH.�RDSON, County
g, Clerk and ex-officio C1erk
of t e' Board of Supe i�sor City Clerk
10 � /� �
Bya' ��i�`,,/ � f�L� .
11 '
12
13 - `
14 �
15
16
17
18
19
20
21
2? �
23
a
24
25
2b
27
28 •
29
30
31
32
,
� � EXH I BIT B
• Mendocino County
,. � 45334 �
RECOROING REqUE57E0 BY FECOfI��U A' AE�IL�i Oi .
� . W[17tRN Ti�IE{}UAKAtITT C�-1�P�NT
u�N�OCINO CG�JNTY�DIY1510N , , �
AND WH[N 11[CORO[D MAIL TO BODK '7�� PACE���
r � ��� �5 �� 3� ar ��13
"•�� The City of Ukiah
woo.c.. .7_d_� .� �C.�ir.�.�. . r„
��r'flr.�. ...(,u;il:o „
:,:r�L Z�,�—C, G� isv'�i J , _,.. ,.�;,:�,s� ,�-,c��i:: �
.�/�.�cf2;�✓„c„� �'�
. �L�:"vR04Q:'
TitleOrderNo, 68607 FacrowNo
— � SPACE ABOVE THIS LINE FOR qECOROER'S L'SE
MAi�TAR���i[M[NT��O
rGrantee at above address� n°$ummrarytransterta�;.�,�(,�............ ..
N.N� Q"Computed on fu)1 valuc-of proPCrty conveyed, or
Q Computed on lull value leae lienn and encumbrances
Aonw[��
� temsining thereon at time of aafe.
c�.r s
.,.,� L J .Y�,�� . ". . .
5���.��R�,�.� .�,.�..,�.m,�,,,.,.. -�,m
z�:... ,-,.�� �.m,
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�nbibi�ual�r��t� �eeb
WEtTERN T�TLE FORM NO.10�
FOR VALUE RFCEIVED, CIIARLES SFIIi�t�4IN and MARI� SfIIMi42N, his wife,
TIiOMAS E. GOFORTFI and Sf�ARON GOFORTFi, his wiPe, and
NE;•7ELL RAWLES and DOLL�NE RAt?LES, his wife,
iGRANT^to Tii� CITY OF U?�IAFi, a ^iunicipal Coxporation,
i
� zll that ceal propcny situate in th�
'i
� County of Metidpe ino ,5tate of California,described u(ollows:
BEGINNLNG at� a goint on the P7ortherlv line of Lot 8, ]o}:ayn Ranci�o,
! distant thereon South 71° 30' East, 673.19 feet from the '�orthwest corner
� of said Lot S; thence South GO° 19' S9est, 237.26 feet; thence South 33° SS'
East, 409.89 feet; thence South 39° 25' East, 71.39 feet; thence i•torth 35°
j 26' Last, 222.33 feet; thence eJorth 62° 27' East, 224.74 ieet; thence South
' � 51° 32' �ast, 290.11 :feet; thence South 75° 10' East, 7.03.6fl feet; thence
I.ort;i 18° 30' �ast, 215.09 feet to sazd [lortherly line of Lot E; tlience
� � tdortii 71° 30' ��?est along sai�l �dortherly line 693.54 fee� to the point o°
; beginning. ;
� EYCEPTING therefrom a strip of lanfl 20 feet in ;,'idth lyinq along and
adjacent to saiQ riort:�erly line of Lot 2, and containing aiter said
j exeeption, �.00 acres, more or less.
I
s
I
i
�
I
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i
i
, Dated Julv 9, {g 73
� O � ��71�`�. '�-�.�.,.,.,. --
' .. , i r a is . lmmin
� ` { ���C� r�� ,,
!� ,, '(�'�:�lCTS�S�'��J
j STAT'E OF GLIFORNIA
_Couniyof Mendoci no ,���
OitJUlY 23 .19 73.Ixfnrc me,ihc undenigncd.
CFlRT105 FOR NOTARY SEAL OR STAMP
a Noixry Public,in anG(or wid State, nortali appeKrsd_
Shimmin Marie Shimm�n 'I�homas E. Goforth,
�rg�� R� �,�v�� m� w e ollene xaw es
uhneritxd Io.ihc wilhin inslfumenl,anJ acknawladged�o me thx�
�_' - - ;+�±rr�s.''�`-' . ...._r-e�= -
�.heX.exeewe he wma � -"- piriCin� e[.�i
� 1QHN !. GUID`_N
-5 G �'':'�'`1 N,:,.�. �. :,..�
� ��.;�,�; .�:��_��:.,' ,�.: ,:�
�.•�.•:,,, .F ��s�r ��
. -� Natary Puhlit " A` �Tm;��.�C.�,�•e,:~� 1?. IY75
� ,�ar���-��-+��+�•�.•.-rr.,�+^+:^
6aCK V�� PAGE�J�73 MAII.TAX BTATEMENTS AS DIRECT[D AHOVE
- . . EXHIBIT B
Mendocino County
CERTIFICATE OF ACCEPTANCE � �
This is to certify ihaf the interest in reol prop-
e�ty co�veyed by fhe d_ed nr pront dared __�.
•----Jul� 91_ 1973-----------�---_._...,__.
fromCharles_..Shimmin._apd Marie,_Shimmin, et al.
,_ ,s.e cr;, c.�� _:1, c�, �: � �r����
:-o•a!ion. n�i^-r __.. . -• , a .. . is
. 1..._rqb•I tlr.�...•_� t,... ��Z.. un;i^t-.�:.�,•_�', •p� . pr
^ -n' on ... ''f t+f .... CiIV ,. ...''�. '..'}v af
.,'ai^h. n:: ,vcn: �. .....,. , G^c, . . r ,_ -
lolion cf li+��:Ci�}•Co:'n:il^rCi�y�i.U':;.h cd',.�,'�d .
on Fr.hruo�y 1, 1951, and fi:= aran;^t 4r.ny�vy
� - to recordation thereof by its�du!y auil�orized � -
officer. (' ` � ` �
poted 7-18-13 B �� y,y�c�..,
y��-�.:� -
Ciy�vlanager. �,
CITY BUSWESS— FREE " �°
. '�
This is to cenifv thet Ihis docvment is . � �
presented fer rer,ord�!�:�n ��• ii,� �^;y .f ' . .
U�(i0�1�,):1f5uJn:IO�'..:I:+1:A1�'� ': .. ;7v. . . '_ �
emmeni Coda cnd�;rn::c;:::y:� •^:I�le . � .
�hc chaln of tiNe of ''i^ CP�y ;� :ropeny �� . ' �
to be acqulr �e.Ci'r of Uk�n � .
J.�����.�0��.� .,':, ..
�Iy Clerk of the Ciry of Ukioh '
'- - ,� j
aooK �3� PACE 5�� 45 3 3 4
Ukiah Players Theater, et al
EXHIBIT C
Legal Description
Being a portion of that tract of land, Shimmin, Goforth, and Rawles to the City of Ukiah,
as recorded July 25, 1973 in Official Records of Mendocino County, Book 932, Page 593,
said portion being more particularly described as follows:
All that portion of Lot 8, of the Yokayo Rancho, lying within the County of Mendocino,
State of California, being more particularly described as follows:
Commencing at a point on the northerly line of Lot 8, of the Yokayo Rancho, said point
lying S 71°30' E, 673.19 feet from the northwest corner of said Lot 8; thence leaving said
point of commencement S 60°19'00" W, 26.84 feet; thence S 71°30'00" E, 168.14 feet to
the True Point of Beginning; thence leaving the true point of beginning S 18°30'00" W,
122.07 feet; thence S 43°38'O1" E, 110.16 feet; thence S 47°13'38" E, 71.04 feet; thence N
82°27'00" E, 220.23 feet; thence N 18°30'00" E, 106.05 feet; thence N 71°30'00" W,
360.00 feet to the True Point of Beginning, containing 1.31 Acres, more or less.
This real property description has been prepared by me or under my direction in
conformance with the Professional Land Surveyors' Act.
��:��� � ��'��� fu�Y 5, 2 00�
Arthur W. Colvin, LS 6112, Exp.: 3-31-08 Dated
County Surveyor
1��
�l�� � �s�,
F �ffi �.
' Ex 3-31-08 �
P"
�,� �8 a1'►`�' �,,�
Q�'�p�.'tF
Low Gap County Park
EXHIBIT D
Legal Description
Being a portion of that tract of land, Shimmin, Goforth, and Rawles to the City of Ukiah,
as recorded July 25, 1973 in Official Records of Mendocino County, Book 932, Page 593,
said portion being more particularly described as follows:
All that portion of Lot 8, of the Yokayo Rancho, lying within the County of Mendocino,
State of California, being more particularly described as follows:
Commencing at a point on the northerly line of Lot 8, of the Yokayo Rancho, said point
lying S 71°30' E, 673.19 feet from the northwest corner of said Lot 8; thence leaving said
point of commencement S 60°19'00" W, 26.84 feet to the True Point of Beginning; thence
leaving said true point of beginning S 60°19'00" W, 210.43 feet; thence S 38°55'00" E,
409.89 feet; thence S 39°25'00" E, 71.34 feet; thence N 35°26'00" E, 222.33 feet; thence
N 47°13'38" W, 71.04 feet; thence N 43°38'Ol" W, 110.16 feet; thence N 18°30'00" E,
122.07 feet; thence N 71°30'00" W, 168.14 feet to the True Point of Beginning, containing
2.26 Acres, more or less.
This real property description has been prepared by me or under my direction in
conformance with the Professional Land Surveyors' Act.
/�i��l���i �if� �-o�v-r�.-,� �'u�Y 5, 200�
Arthur W. Colvin, LS 6112, Exp.: 3-31-08 Dated
County Surveyor
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* ExP•' 3�31-OB �
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EXHIBIT E �
N
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8 3�,0o i
�}6'0s' e Scale: 1" = 80'
'Y'
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� N N
ON
J
3 ` � Q/ W O
O `~\' �� m
� p `�` � �
�� � �,��'� THEATER PARCEL
/ _^'� � ����� �� � � 1.312 Ac.
o �:,:_ �` , ►(1�
� � � � ��� 1
j�= �, ,�� /
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CO /� �,'� �, ' � l .,�0
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3 / � Q� � `� ���' ��`� �� ti�3
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r �^�' / VO< �� >
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o °� o . ' I�,� \ � J �.''� 9�"h�k
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? L� N�5 � � � o'��
/ �� � � ������,i/ �''� �,Fo
o� ( � "/ �' � � � � �`w
y� Q �/ � C�U �>
. ��� ��,� ,� Rrs � l
to� � /,.. � `\l\�� � ��� l r ��
� �;,- ,/ �� '�J •:,'/ o°, LOW GAP PARK
�� � :,;�;y �` � �,J,�����9 COUNTY PARCEL
� � `!� •� s� ,i� ,�,0 5 n�° 2.265 Ac.
o.
^ ���� �` �i�;qO �I i `��'��Q'
� pO+ \ �rv`" iy ��j i� v Q'
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\ /�! �{0.W. t. R
/i� ,�c• Q��iL
/ � 8 �
N W Cor. Lot 8
�/�l��W• �4��� � EXP'' 3-3l-og a�
Yokayo Rancho Arthur W. Colvin, LS 6112 �j���'81��' �,�°�
EXP. Date: 3-31-08 Q��Lt�r
Date: ru�-y S, 2oofo