HomeMy WebLinkAbout2000-44 RESOLUTION NO. 2000~.~.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING A REVISED MEMORANDUM OF UNDERSTANDING
FORMING THE SOUTH UKIAH SCHOOL PARTNERSHIP PROJECT
WHEREAS, the City Council, Ukiah Unified School District, and County of Mendocino
wish to join together to form the South Ukiah School Partnership Project to develop an
elementary school and ancillary facilities at the Montgomery Ward's site south of the City of
Ukiah; and
WHEREAS, at its April 19, 2000 meeting, the Ukiah City Council adopted Resolution No.
2000-38 Approving a Memorandum of Understanding Forming the South Ukiah School
Partnership Project; and
WHEREAS, at its May 2, 2000 meeting, the County of Mendocino Board of Supervisors
determined modifications were necessary to the Memorandum of Understanding; and
WHEREAS, those modifications have been made and the revised Memorandum of
Understanding is attached hereto as Exhibit "A."
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of
Ukiah approves the revised Memorandum of Understanding agreement between the City of
Ukiah, County of Mendocino, and Ukiah Unified School District forming the South Ukiah School
Partnership Project, attached as Exhibit "A," and authorizes the City Manager to execute all
documents required of this association.
PASSED AND ADOPTED this 17th day of May, 2000 by the following roll call vote:
AYES:
NOES: None.
ABSENT: None.
ABSTAIN: None.
Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin.
A'~'TEST: ,
Marie Ulvila, City Clerk
Jim M~astin, Mayor
4:Res:JPA.500
Resolution No. 2000-44
Page 1 of 1
BOSAGEEMENI #~
MEMORANDUM OF UNDERSTANDING
BETWEEN AND AMONG
UKIAH UNIFIED SCHOOL DISTRICT,
CITY OF UKIAH AND COUNTY OF MENDOCINO
FORMING THE SOUTH UKIAH SCHOOL PARTNERSHIP
PROJECT
This Agreement is made this c~',' , day of m (~L,] , 2000, by
and between the UKIAH UNIFIED SC~L DISTRICT, a politioal subdivision of
the State of California (hereinafter referred to as the "DISTRICT"), the CITY OF
UKIAH, a municipal corporation, (hereinafter referred to as the "CITY"), and the
COUNTY OF MENDOCINO (hereinafter referred to as the "COUNTY"). The
parties agree as follows:
RECITALS:
A. The DISTRICT, the CITY, and the COUNTY are interested in
Property situated in the County of Mendocino, State of California, commonly
known as the former Montgomery Ward site, located at 1912 and 2000 South
State Street, Ukiah, consisting of fourteen (14) acres more or less, more
particularly described in Exhibit A attached hereto and incorporated herein by'
this reference, (hereinafter "Property").
B. DISTRICT wishes to explore the possible acquisition of the
Property for a school site as well as a site for the District Office.
C. The CITY and COUNTY wish to work with DISTRICT to explore the
possible use of the Property for recreational uses, including, but not limited to,
fields and community facilities.
In consideration of the mutual covenants contained herein, the parties
agree as follows:
1. STATEMENT OF COOPERATION. This Agreement is a statement
of cooperation between the parties. The COUNTY and CITY are obligated to
carry out their responsibilities set forth below only upon the acquisition of said
property by DISTRICT.
2. ACQUISITION OF PROPERTY. It is specifically agreed that no
party to this Agreement will take any steps toward the acquisition of the Property
or any other real property, without following the procedures established by law.
3. DISTRICT RESPONSIBILITIES.
a)
DISTRICT shall make its best effort to explore the
acquisition of said Property for development of a school site
for classroom and DISTRICT office purposes.
b)
For the purposes of this Agreement, the DISTRICT shall be
the lead agency in determining the potential of the Property,
including, but not limited to: (1) assessing the potential for
purchasing the Property; (2) assessing the use of the
Property for a school/district office site; and (3) any
environmental actions required pursuant to the California
Environmental Quality Act. ("CEQA").
4. COUNTY RESPONSIBILITIES.
a)
COUNTY is in support of DISTRICT's desire to acquire and
develop Property as an elementary school and office space
on the Property and will cooperate fully with DISTRICT to
realize this goal.
b)
The COUNTY's proposed Redevelopment Plan shall include
said Property attached hereto as Exhibit B.
c)
Contingent upon the DISTRICT's development of said
Property, COUNTY agrees to undertake infrastructure
modifications to COUNTY Property such as, but not limited
to, streets, sidewalks and traffic control measures as set
forth in the Mendocino County Public Works Report,
attached hereto as Exhibit C.
5. CITY RESPONSIBILITIES. The CITY is in full support of the proposed
location of an elementary school on the Property. CITY agrees to be responsible
for the following:
a)
Make available approximately $550,000 of Redevelopment
Agency capital project funds to assist in a construction or
modernization project on a school within the CITY limits,
such funds to replace Proposition H funds for the Property.
b)
Provide landfill options during the demolition phase of the
Project at the city-operated landfill.
c)
Pursue funding for development of "open space" recreation
areas on the Property as well as funding sources for the
expansion of current recreation programs.
d)
Provide professional planning and engineering, consultant
and other professional services through use of CITY
employees to review and answer questions and to provide
guidance throughout the development of the Property.
e) Other participation as agreed to among the parties.
6. TERM. This Agreement shall commence on ,
2000, and continue for a period necessary to carry out the provisions of this
Agreement, however, any party may withdraw from this Agreement upon giving
sixty (60) days notice to the remaining parties.
7. ENTIRE AGREEMENT/AMENDMENT IN WRITING. This
Agreement, including Exhibits A, B and C, contains the entire Agreement
between the parties and supersedes all prior understandings between them with
respect to the subject matter of this Agreement. There are no promises, terms,
conditions or obligations, oral or written, between the parties relating to the
subject matter of this Agreement that are not fully expressed in this Agreement.
This Agreement may not be modified, changed, supplemented or terminated, nor
may any obligation hereunder be waived, except by written instrument signed by
the party to be charged, or by its agent, duly authorized in writing, or as
otherwise expressly permitted in this Agreement.
8. MODIFICATIONS. Notwithstanding anything to the contrary
contained in this Agreement, the parties may, by and through their respective
governing bodies, authorize the mutual modification or termination of any of the
provisions of this Agreement. Such modifications shall be made in writing,
signed by all parties.
9. SEVERABILITY. Should any term or provision of this Agreement
be determined to be illegal or in conflict with any law of the State of California,
the validity of the remaining portions or provisions shall not be affected thereby,
and each term or provision of this Agreement shall be valid and be enforced as
written to the full extent permitted by law.
10. CALIFORNIA LAW. This Agreement shall be construed in
accordance with an be governed by the laws and decisions of the State of
California.
11. NOTICES. All notices or other communications that either party
may be required or desire to give to the other party under this Agreement shall
be in writing and shall be served personally or by certified mail, return receipt
requested, or first class mail, postage prepaid, addressed as follows or to such
other address as either party may provide to the other party in writing.
To DISTRICT:
with copy to:
Ukiah Unified School District
925 North State Street
Ukiah, CA 95482
School and College Legal Services
5350 Skylane Blvd.
Santa Rosa, CA 95403
To CITY:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
with copy to:
To COUNTY:
County of Mendocino
501 Low Gap Road
Ukiah, CA 95482
with copy to:
Service shall be deemed complete upon deposit in the United States mail
or upon personal delivery.
12. ADDITIONAL PARTIES. This Agreement maybe amended to include
additional parties upon the written approval of both parties.
The DISTRICT, the CITY and the COUNTY have executed this
Agreement to be effective on the date first above written._
// ~-~/,, /,,'
By
ATTEST:
Superirltend~nt of Schc)~ls
MIKE GOM~g"President
Board of Trustees
Ukiah Unified School District
CITY
ATTEST:
City Clerk
COUNTY
ATTEST:
KRISTI FURMAN,
Clerk of said Board
Ch~j~"-man, Board~upervisors
APPROVED AS TO FORM:
District Counsel
City Counsel
EXHIBIT
Office of the Recorder of ~be County of Hendocino, St&ts of Califax~[s,
way for Cslifornla State Highway, Road I-Hen-l-B in Lot 78, Yoknyo Ranch0,
.. aa~ po~nt beinq a concrete eOnument ~o~ which ~nginear$ ~tatlOn
88*1g' ~ast $0 feetl thence along said weste=l~ line, Southerly, alon~ & c~rve
.~o t~ left, havin~ a rsdius of 3050 fee~, ~ ~¢ dAa~ance of 454.T~
(chord bears South 2'35'1&' East, 4~4.3Q feetz) to the North lane 0£
a~ish dated April 10, 1546, and recorded January 20, 194~, in ¥olu~e
.'. : of O~fic/a! Race.da, pa~e 403~ Mendocino county Records! thence continuing
~'~ ~ lef~ with a radius of 3050 feet, through in angle of &*44'28' an are
diets=se of 350,84 feat (chord bears South 10*13'45" ~.at, 358.64 ~eat)
the true po%at o~ beginn~n~ o: ~e nereln described parce~ 0£ land~
Faz~oh pucel~ thanes North $9'35'00" ~at along said Sou~h line 407 ~ee~
.'iii,fl flea) to the poln~ of b~gi~ntng.
Portion of I~t 73 of ¥okayo Rancho as pe~ map thereof on fils in the
Office of ~e ~eco~e: of the County o~ Nandocino, S~te of Cali~o~nla~
containing 11.93 acres, ~re er leaf, descried as ~ol!~s:
COerCING at a poin~ in ~e westerly ~undary line of ~e righ~ of
way for CalitO~nia S~te ~ighway, Read I-~en-l-a In ~t 78, Y~kayo ~nc~,'
said point being a concrete men.eat f~m which Engineers Station S.C.
~56+11.;9 o~ the Division of aighways su~ey for said highway ~a=s
~o the le~t~ having a ragu8 0~ 3050 ~ee~ an ~rc dAst~oe o~ 454.72 ~eet
~ .' {chord bears South 2'35~16· East, 454.30 feet) to ~e t~e ~int of beginning
parcel of la~d de~cr~ in the deed from ~gar ~. sutton st ~ to ~. ~.
Parish, date~ April ~0, 1946 an& re~o~ed Jaflva~ 20, 1947. in Valle 296 of
Official Records, page 403, Hen~ocino County Reeordsl thence from said
o~ beginning conti~utn~ along sai~ West line Sou~erly along the arc of
44~28', an Arc d/stance of 3~6.84 feet (chord bears ~ou~ 10'13'46' East,
~eetl thence ~outh 2002S' East, 425 feet :o the Sou~ li~a of said Fetish
parcel~ ~ence along said South line 5ou~ 69"35'00' West, 38~.12 %eat to
said Dora Street, Hortherly along a cU~a to the rliht with a radluf of
feet ~rough an angle of 10e32'32s an arc distance uf 55.20 feet {chord
bears No~t~ ~0.20~18. Wea~, 55.12 feet:) thence North 15~04'02" ~eat, {laid
lt~e ~ho~ al ~otth 14'50'17' West, In ~eed tO the County St Ne~docino,
wl~h a ~adiul of 300 IeeC through an angle of 10e27'47", an arc distance of
o~ Mand~ci~o. recorded.in ~ook 442, pa~e 2~5} 261.09 ~eet; thence along a
~rve to ~he ~ight h~v~n9 a radius o~ 1S0 feet t~oqgh a~ angle sE 18'0~
49" an arc di0tance 0f 47.25 feet {chord bears North 16'30'24' Woet~
fecal) tO the North li~ of amid Parish patcell the,ce Leaving aaLd cantetlLna
~orth 78'34' ~aat~ parallel ~o a~d 2~ fee: South of the 8curb line Of LOt
11 of Uktah ~lllage ~ition ~o. ], aa per map ~heceof in CAse l, Drawer
~65.21 feetl South e9'Ol'2~' ~a~t, (shown aB Sou~h B9'56' East, on ~cor~
o~ Su~ay ~p filed in Case 1, Drawsr 7~ page 145, County of ~endocl~o)
~7.9~ leetj an~ ~orth 02'31' gast~ 203,20 test to the point st meginning.
· XCEPTI~C TH~E~ROM~ The Waata~ly 30 leek thereof as deeded tO the
Co~nty of lie~doctno, In deed recorded In Book 442~ page 295.
~-': co~ta~D~ 1~.95 ~re~, ~re or 2eel~ dencri~ed al fo~l -
~':' ~y. for ~fo~ St&ts ~w~ ~_ I-M~-I-~'~ ~t 7B~ Yo~
~}~+~,~9 of the D~vll~ o~'~w~i ~ FO~ s~d ~;
' .~ 19~ ~st ~ feat] thio ~ s~d Wo$=er~ !~a,~ar~
.' D~ ?f the ~sre~ de~bed p~ of ~d, 'be~ ~e ~o~e~t ,- ~"
~,~ cu~a..~o. ~a ~= ~ ~ ra~u~ of '~ feat,' ~' ~ ~=le ~:%~;.'
3ou~ ~a o~ ~ ~ of.~ Y~-;e.~.t~on ~., 3,' u per ~p
~o ~na' po~ of %e~, . ' ' .....
'./