HomeMy WebLinkAboutCentral USD - Cooperation Agreement relating to Universally Accessible ParkCOOPERATION AGREEMENT BETWEEN
CITY OF FRESNO
eAND
CENTRAL UNIFIED SCHOOL DISTRICT
e RELATING TO REAL PROPEgTY DISPOSITION CONSTRU ON AND JOINT USE
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(City's Universally Accessible Perk PromecD
This Agreement between City of Fresno and Central Unified School District
('Agreement!') is made and entered into as of this 2 day of December 2010, between
Me City of Fresno, a municipal corporation (the "Cgy+'), and Me Central Unified School
District, a public school district (the "Disiricr).
RECITAL
WHEREAS, the City and Me District, jointly and severally have an unmet need for
programmatic, parking and public use recreational facilities; and
WHEREAS, City and District, in order to address this unmet need, desire to cooperate
in a project consisting of Disfuct's transfer of certain real property to City including Me
related public street/right of way easement in exchange for City's construction of a new
joint use parking facility upon certain District real property and related improvements
and landscaping, to an existing District parking lot, all as more specifically described
and depicted in Exhibit "A" hereto incorporated herein (collectively Me "Project"), upon
the terms and conditions herein; and
WHEREAS, District, as successor -in -interest to the Teague School District of Fresno
County, owns fee title to approximately 1.4 acres +I- of a parcel of unimproved teal
Property located In the City of Fresno, County of Fresno, State of California, portion of
APN 311-280-03T, located at 4605 N. Polk Ave., in Fresno California, as more
completely described/depicted in Exhibits "B", °D" and "E" attached hereto and
Incorporated herein ("Property"); and
WHEREAS, District's governing body has Me authority to transfer Me Property as
provided herein; and
WHEREAS, the Project is consistent with the City's 2025 General Plan Including Me
Open Space and Recreational Element, hereinafter the "Plan" including the finding
therein Mat the City's playrreld program of utilizing joint use agreements with wheal
districts provides recreational space for organized programmatic and non -programmatic
activities such as the Universally Accessible Park, anal the Plan's objective of continuing
to coordinate with other agencies and organizations providing recreation facilities and
services; and
WHEREAS, pursuant to Me Plan the City has a further stated policy objective of, where
feasible, using school sites for city recreation programs in order to provide a wider
range of recreation programs and maximize the efficient use, maintenance, and
supervision of public facilities, such that the City shall continue to enter joint use
agreements with school districts in the metropolitan area to expand recreational
playfleld programs; and
WHEREAS, the Project is consistent with and supportive of the applicable Plan
designations, findings and determinations including that the Project will further and
facilitate programmatic and non -programmatic public recreational uses per joint use
relationships with school districts; and
WHEREAS, the Project is consistent with all applicable Plan policies, and with the
applicable zoning designation. and related zoning regulations, and
WHEREAS, the Project also will cause the development of under-utilized school distrbt
property to more intensive and viable uses; will increase the aesthetics and Improve the
appearance of the Project area and the surrounding area: and will contribute to the
recreational activity in the Project Ates: and
WHEREAS. the City has allocated and available $175,0W in Fy 2001-2008 (Urban
Growth Management Funds)] as to which the Project is an eligible use; and
WHEREAS, this project has been assessed under the California Environmental Quality
Act (CEOA) and a Finding of Conformity Mh the 2025 Fresno General Plan Master
Environmental Impact Report (ME IR No. 101 30f has been issued.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained, to be kept and performed by the
respective parties, the parties agree as follows:
i. All the foregoing recitals are We and correct and incorporated herein by this
reference as fully set forth herein.
2. District, in consideration of City's performance obligations hereunder and for no
monetary consideration payable through Escrow will convey to City and City will acquire
in fee from District subject to reverter, the Property upon the following terms and
conditions and subject to the reversion provided in the Exhibit "D" Grant Deed. District
will also convey to City anal City will acquire related easement and right of way for public
street purposes as provided in Exhibit "E" Dead of Easement.
2.1 The City has requested and received a Preliminary Title Report on the
Property dated July 20, 2001, together with legible copies of all documents referenced
therein as exceptions to tttle and a plot plan for the Property showing all the locations of
all recorded easements (collectively, the "PTR ).
2.2. City shall within fifteen (15) business days of Escrow opening deliver to
District and Escrow Holder written notice (the "City's Title Notice") of City's approval,
conditional approval or disapproval of the title matters disclosed in the PTR. All such
exceptions disapproved by City are referred to herein as "Disapproved Exceptions."
District shall have ten (10) business days after receipt of City's Title Notice to give City
and Escrow Holder written notice ("Districts Title Notice") of those Disapproved
Exceptions which have been or will be removed from title on or before the Close of
Escrow. If District fails to deliver District's Title Notice within said ten (10) day period,
District shall be deemed to have elected not to cure all matters disapproved or
conditionally approved by City. Notwithstanding the foregoing. District shall be
obligated to remove or eliminate as exceptions to title all: (i) monetary liens or
encumbrances affecting the Properly, and, (ii) all claims to fee Idle or leasehold or
similar interests, all of which constitute Disapproved Exceptions.
2.3 If District does not provide notice to City that District will cure all
Disapproved Exceptions, City shall have the option, on or before the expiration of the
Feasibility Period described below to: (p) terminate this Agreement by written notice to
District and Escrow Holder or (ii) waive Its objection to the Disapproved Exceptions in
question by delivering notice of such waiver to Distinct and Escrow Holder, and proceed
to the Close of Escrow. If District does not provide notice to City that District will cure all
Disapproved Exceptions and City thereafter gives the Feasibility Notice, Cay shall be
deemed to have waived its objection to the Disapproved Exceptions in question. If Cly
provides notice of termination as provided herein then this Agreement and Me Escrow
shall terminate, and the parties will have no further obligation to one another, except as
otherwise expressly provided herein.
2.4 "PemlRted Exceptions" shall mean all exceptions appearing on the PTR
which are: (p) standard printed exceptions in the Title Policy issued by Escrow Holder
III general and special real property taxes and assessments, a lien not yet due and
payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and
restrictions of record approved, or expressly waived it a Disapproved Exception, by Cay
pursuant to this Agreement. Any exceptions to tale to Me Property shown on any
supplement to the PTR that may be Issued from time to time by the Escrow Holder must
be removed by District at or prior to the Close of Escrow unless such exceptions are
expressly approved by City In writing or unless such exceptions constitute Permitted
Exceptions.
2.5 City's obligation to proceed to the Close of Escrow on the Property is
conditioned upon the commitment by Escrow Holder to issue a CLTA Owner's Policy of
Title Insurance (the "CLIA Policy") showing title to the Property vested in City with
liability equal to $1 ]5,000, subject only to the Permitted Exceptions (Me Title Policy').
2.6 City shall have the period commencing with the Effective Date and ending
at 5;00 p.m. pacific time, ninety (90) calendar days thereafter (the "Feasibility Period") to
review, in City's sole and absolute discretion, Me suitability of Me Property for City's use
and development, and Me presence of "Hazardous Materials" (as defined in Exhibit "C"
which is attached hereto and expressly incorporated herein).
2.7 City covenants that it shall, during the Feasibility Period transmit to
District, a copy of the completed Phase I Environmental Site Assessment of the
Progeny. In bull City shall provide District with copies of all environmental reports
and test results conducted with respect to the Property by or on behalf of City
2.8 Prier to the expiration of the Feasibility Penod, City shall give written
notice of City's approval or disapproval of the Property (the "Feasibility Notice"). If City
disapproves the Property based upon its feasibility review, then this Agreement and the
Escrow shall terminale. and the parties will have no further obligation to one another
except as otherwise expressly provided herein. It the City approves the Property, then
this Agreement continues In effect and the Parties shall carry out their obligations under
the Agreement in accordance with its terms and conditions.
2.9 If any studies conducted by City during its Feasibility Period (including the
Phase I Environmental Site Assessment) provides evidence of any Hazardous
Materials, then District shall have the option to terminate this Agreement by delivery of
is written notice of termination to be issued not less than fifteen if 5) business days
following the delivery of such study by City to District.
2,10 Distract hereby grants City, or Ctty's agents, the right, upon twenty-four
(24) hours prior notice, to enter onto the Property to conduct lasts or investigations, as
follows: (a) City shall conduct tests or investigations at its sole cast and expense; (b) the
tests or investigations shall not unreasonably interfere with District's possession; and (c)
City shall indemnify and hold District harmless from any casts or liability of any nature,
excluding pre-existing conditions, resulting from the lasts or investigations and, if the
escrow Is canceled for a reason that is not the fault of District, for any damage to the
Property resulting from conducting the Lasts or investigations. excluding pre-existing
conditions.
2.11 City shall rely solely on is own knowledge and investigation of the
Property in determining whether to purchase the Property, including but not limited to
denominations as to the suitability of the Property for City's intended uses made during
the Feasibility Period. District shall have no duty to inquire or investigate any matter
related to or arising from City's performance of its investigation of Me Properly or City's
analysis of its investigations or City's decision as to the suitability of the Property for
City's purposes. The purchase price reflects all defects, demolitions, and/or repairs
required, other than the warranties set forth In Section 2.12 below. With the exception of
the warranties set forth in Section 2.12 below, the Property is to be purchased with
ALL FAULTS In Its ASIS condition
2.12 District represents and warrants that: (a) District owns me fee interest in
the Property, subject only to the Permitted Exceptions (b) District has no present
knowledge of any pending litigation involving the Property, (c) District has no present
knowledge of any violations of, or notices concerning defects or noncompliance with,
any code, statute, regulation, ordinance. judicial order, or judicial holding concerning the
Property, Except as expressly warranted herein, District makes no representation or
warranty and has no affirmative duty to undertake any effort of any kind to determine
the existence of any of the above noted conditions. These warranties shall survive the
Closing and the recording of the grant dead.
2.13 The parties will open an escrow (the "Escrow') with Fidelity National Tile
Company located at 8050 N. Palm Ave., Suite 110, Fresno, CA 93711, (559) 432-1680,
to the attention of Bernadette Watson, Escrow Officer (the "Escrow Holder),
2.14 This Agreement, when signed by both parties and deposited with the
Escrow Holder will be the parties' Joint Escrow Instructions. City and District will sign
any other form instructions required by Escrow Holder. Parties and each of them may
submit supplemental escrow Instructions.
2.15 City and District will deposit all instruments, documents, money, and other
items with the. Escrow Holder Mat are, if identified in this Agreement; or (ii) required by
Me Escrow Halder to effect the Closing on the date specified below. District will deposit
a recordable Grant Deed, substantially in the form attached as Exhibit "D" and a
recordable Deed of Easement, substantially in the form attached as Exhibit "E", into the
Escrow prior to the Close of Escrow.
2.16 The Escrow will be considered closed on the date Mat Me Title Company
is prepared to Issue a standard CLTA owners title insurance policy to City insuring fee
title in the condition set forth herein and records Me Grant Deed (Me "Closing", or
"Close of Escrow', or Me "Closing Date") not later than thirty (30) days following Me
expiration of the Feasibility Period.
2.17 Payment of said sums, less Di enct's costs to clear title, it any, may be
made to District only when Escrow Holder possesses and is in a position to deliver to
Me City a fully executed and acknowledged and recorded grant deed to the subject
property and when Me Escrow Holder stands ready to issue to the City the Title Policy
described above.
2.1 B Property taxes for the current traced year, it any, shall be prorated at the
close of escrow. It is understood that District shall be responsible for the payment of all
unpaid taxes, penalties, redemptions, and costs allocable to the subject property for all
periods prior to close of escrow. Refund shall be made to District out of escrow, for
taxes previously paid by District which are allocable to the part of the current fiscal year
subsequent to the close of escrow.
2.19 City will pay the cost of the preliminary title mod, any transfer taxes and
the cost of preparing, executing, and acknowledging the Grant Dead and the Deed of
Easement and any/all other instruments. Distinct will pay and be responsible for the
payment of all unpaid taxes, penalties, redemptions, and costs allocable to the subject
property for all periods prior to Close of Escrow. City and District will pay any other
costs according to Me custom in Fresno County.
2.20 Disbursements of Me Purchase Price to be in the amounts, at the times.
and in all respects in accordance with the terms and conditions and subject to the
limitations of this Agreement.
2.21 It is agreed and confirmed by the City and the District Mat notwithstanding
other provisions in this Agreement, Me right of possession and use of the Property by
the City shall commence upon Close of Escrow.
2.22 District represents and warrants Mat it has satisfied or will satisfy before
Close of Escrow. all legal requirements for conveyance of the Property to the Ctty.
2.23 Parties each represent to the other that each has had no dealings with any
broker, finder, or other party concerning Citys purchase of the Property. Each party
agrees to indemnity and hold the other harmless from all loss, cost, damage, or
expense. including reasonable attorney fees, incurred by the other as a result of any
claim arising out of the acts of the indemnifying party or others on that party's behalf, for
a commission, finers fee, or similar compensation made by any broker, finder, of any
party who claims to have dealt with the Indemnifying party. The representations and
warranties contained in this section shall survive the Close of Escrow.
2.24 Each party will sign and deliver further documents, or take any lumber
actions required to complete the purchase and sale described herein.
3. City, as lead agency will design, plan, secure rezoneslpenitslapprovals, bid,
award, manage and construct the joint use parking facility as described in the
Project description attached as Exhibit "A" upon the District owned site generally
described therein, known as a portion of APN 311-280-03T, and as the joint use
parking site and more completely described/depicted in Exhibit "B" (Me "Parking
Site"). In partial consideration thereof the District hereby grants City a no fee
license (the "License") to joint use of the completed parking facility (the "Parking
Facility'). The License is limited to use of the Parking Facility on a first comemirsl
serve basis for overflow public parking in conjunction with the City's adjacent
Universally Accessible Park project, provided the District shall have exclusive
use during period Monday thou Friday 0730-1700, in accordance with the terms
of this Agreement.
3.1 The City shall, at is sole cost and as lead agency, cause the construction
of the Parking Facility upon the Parking Site in accordance with plans and specifications
poor approved by the District, consistent with Me Project budget and schedule included
in the attached Exhibit "A" Incorporated and subject to required City Council approval(s)
regarding Project funding and proourementlaward.
3.2. Upon City's completion and acceptance of the Parking Facility
Improvements, and subject to the City's License (granted by District) such
Improvements including all rights and obligations thereof, shall at all times be owned by
and the responsibility of the District.
3.3 As authorized by Government Code Section 895 4, during the duration of
the License, City shall indemnify, save and hold haonless the District, its officials,
officers, agents, employees, and volunteers against any and all claims, causes of
action, liability, suits, judgments and expenses, including reasonable attorneys fees and
costs, for death or Injury to persons, or loss of or damage to property, except pre-
existing conditions, arising from: (a) negligent acts or omissions of City, Its officials,
officers, agents, employees or volunteers in Me performance of Mis Agreement; (b) use
of the Parking Site or Parking Improvements by the City or Its authorized users or
invitees (c) any dangerous or detective reaches or negligent design of the Parking
Improvements or the suitability of the Parking Site for the Parking Improvements; or, (d)
the City's negligent or wrongful act or omission in bidding, contract award, construction
and other activitles with respect to the installation of Me Parking Improvements.
3.4 As authorized by Government Code Section 895.4, during the duration of
the License, District shall indemnify, save and hold harmless the City, Its officials,
officers, agents, employees, and volunteers against any and all claims, causes of
action, liability, sults, judgments and expenses, including reasonable attorneys fees and
casts, for death or injury to persons, or loss of or damage to properly. arising from: (a)
negligent acts of omissions of District, ds officials, officers, agents, employees or
volunteers in the performance of this Agreement; or (b) use of the Parking Site or
Parking Improvements by the District or its authorized users or Invitees,
Notwithstanding the foregoing, the City shall nevertheless Indemnify District for claims
that arise from: any dangerous or defective condition or negligent design of the Parking
Improvements or the suitability of the Parking Site for the Parking Improvements; or, the
City's negligent or wrongful act or omission in bidding, contract award, construction and
other activities with respect to the Installation of the Parking Improvements.
3.5 The City, its officials, officers, agents, employees, and volunteers shall be
added as an additional Insured on the District's general liability coverage throughout the
tern of this Agreement. The District, its officials, officers. agents, employees, and
volunteers shall be added as covered parties on the City's self-insurance coverage
throughout the term of this Agreement. In addition, City shall provide in its bidding
materials that District shall be named as an additional insured under all policies of
liability insurance that City requires to be provided by any contractor or service provider
engaged by City with respect to the Project.
3.6 Following completion of the Parking Improvements, the City and the
District shall jointly use the Parking Facility consistent with the terns of this Agreement.
3.7 The License hereby granted by District, shall be for an initial term running
from the effective date hereof through June 30, 2028 and thereafter shall automatically
renew for addhonal terms of one (1) year each unless the City or District serves written
notice of non-renewal on the other party not less than 30 days Inner to expiration of the
then current term. subject to earlier termination as may be provided herein. The District
shall allow City's Project contractor access to the Site as necessary to complete the
Parking Facility Improvements as awarded and shall not unreasonably interfere with the
Project work or take any action that would cause Me City to be in violation of Us
Obligations to Me Project contractor.
3.8 Upon any termination or expiration of the Agreement the District shall pay
the City the mutually agreed upon unamorllzed value of the Parking Facility
Improvements, rf any.
3.9 Fxcept for the indemnify obligations specRied herein, the Obligations of the
City and Me District are limited to and contingent upon appropriation of sufficient
funding in each fiscal year during the term of Me Agreement.
7
3.10 The District acknowledges that the City intends to reimburse Parking
Facility expenditures hereunderwith Urban Growth Management Funds.
4. The Parkes some to the following miscellaneous provisions.
4.1 The ponies are acting as independent contractors. Neither parry, nor any
of its officers, associates, agents or employees shall be deemed an employee, partner
or agent of the other for any purpose. Each party shall retain as program income any
and all income generated by Its respective use hereunder.
4.2 If either party commences any proceeding or legal action to enforce or
interpret any tens, covenant or condition of this Agreement, the prevailing party in such
proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
4.3 Any notice required or intended to be given to either party under the terms
of this Agreement shall be In writing and shall be deemed to be duly given if delivated
personally or call red into the United States mail, win postage prepaid, addressed to
the party to which notice is to be given at the party's address set forth on the signature
page of this Agreement or at such other address as the parties may from lime to time
designate by written notice.
4.4 Each of the Exhibits referred to In this Agreement is incorporated into and
made a part of this Agreement. This Agreement is the entire agreement between the
Parties regarding the Protect and the purchase and sale of the Property, and
supersedes all prior discussions, negotiations, commitments or understanding, written
or amt.
4.5 City and District may amend or cancel this Agreement only by mutual
written consent of the parties tendered into escrow, unless otherwise expressly provided
herein.
4.6 This Agreement is binding upon and shall inure to the benefit of each
party, and each party's heirs, successors, permitted assigns, and representatives. The
City or District may assign this agreement and its rights hereunder, with prior written
approval of the other party.
4.7 Time is of the essence of each term in this Agreement.
4.8 Any party's waiver of a breach of any provision herein will not be a
continuing waiver or a waiver of any subsequent breach of that or any other provision of
this Agreement.
4.9 No remedy or election hereunder shall be deemed exclusive but shall,
wherever possible, be cumulative with all other remedies at law or in equity.
4.10 This Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of California. Venue for purposes of the filing
any action regarding the enforcement or interpretation of this Agreement any rights and
duties hereunder shall only ba in the Superior Court of the County of Fresno.
4.11 The provisions of this Agreement are severable. The Invalidity, or
unenforceability, of any provision in this Agreement will not affect the other provisions,
4.12 This Agreement is the result of the combined efforts of the parties. If any
provision of this Agreement is found to be ambiguous, the ambiguity will not be resolved
by construing this Agreement in favor or against any parry, but by construing the terms
according to their generally accepted meaning,
4.13. If any conflict exists between the body of this Agreement and any Exhibit
or Attachment to it, the provisions of the body of this Agreement will control and take
precedence over the Exhibit or Attachment.
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno.
California, the day and year first above written.
CITY OF FRESNO
a mumci,pajl °orporatlon
BY /' tea'. G --per
Name. aptly per
Title: Director, PRCS
Address:
2326 Fresno Street, Room 101
Fresno, CA 93721
ATTEST:
REBECCA E. KLISCH
City Clerk
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Clry Attorney
By:
eputy %
CENTRAL UNIFIED SCHOOL DISTRICT
a public school district
By
Name: Mike Berg
Title: Chiet Business UKcer
Address:
6605 N. Polk Avenue
Fresno, CA 93722
Attachments: Exhibit `A"
Project Description
Exhibit "B"
Property Description
Exhibit "C"
Hazardous Materials Description
Exhibit"D"
Grant Deed
Exhibit "E"
Dead of Easement
J ��%Xxe I Iz 0=172874.eoe
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Project Description
EXHIBIT "A"
Universally Accessible Park/Chy-CUSD Cooperative Agreement
December, 2088
1. SUMMARY OVERVIEW:
1.1 Universally Accessible Park (UAP) Project Description: The City of Fresno (CITY) proposes to
develop and construct a new 6 acre community park tilled; The Universally Accessible Park
(PROJECT). The PROJECT will incorporate state-of-the-art special needs recreation amenities such as
a combination baseball/wAtball/soccer field, a meandering walking trail, basketball colds, skate park
amenity. 'tot -Iota', a water feature/spray park, a recreation building, at.; specifically designed for
disabled children. The PROJECT will include development of approximately 6.58 acres currently
owned by the CITY plus another approximately 1.4 acres (61.16] square feet) to be acquired from
Central Unified School District CUED) for use as park space, plus another approximately.33 acres
(14,166 square feel) to be acquired from CUSD for a public street easement, as shown In Attachment
k1 for Exhibit -A', under this Cooperation Agreement. The PROJECT will construct a neighborhood
park as designated on the Fresno General Plan 2025, adopted April 2003, and the Highway City
Neighborhood Still Plan, adopted January. 1998. The proposed park will have a
sogbalWasebalysoccer field having a synthetic textured surface to facilitate the use of wheelchairs
while playing and shaded grandstand seating and dugouts two basketball courts with bleachers and
adjustable hoops; a mini skate park with mounds, mirdirs, curb cuts and cuMe designed to challenge
disable children in wheelchairs and young skateboarders (no haft -pipe or large ramps are Induced); a
recreation building incorporating a concession stand, storage, publle reslrooms, and a large multi-
purpose recreation room; 3 play equipment (10t -lot') areae for turners, 2-5 years olds, and 5-12 year
olds; a "storybook comet; a pedestrian pemneter track; a water splash play amenity; parking spaces
divided into two (2) lots; a sensory garden area; a sensory water wall; trash access area: multiple picnic
Mae Including shaded pavilion areas. Night lighting for the baseball field will be incorporated Into the
project design.
The PROJECT is accessed from Gettysburg and Vista Avenues. Gettysburg IS designatetl as a
collector street. Vista is designated as a local street. The major access straps would be Polk, %
mile to the east and Hayes, 'G mile to the wood. Hayes and Gettysburg is a signalized intersection. Polk
and Gettysburg is a stop. signed Initialization. The majority of Me play and picnic acli etas are located
closer to Gettysburg Nan to the leaderless to the north.
The intent d the park is to provide a quality play area where children and adults d all ages and
physical Studies can congregate together and enjoy recreating together while minimizing
perceived social participation barriers. The PROJECT will provide Improved recreational opportunities
for Me special needs children altending Teague school (adjacent K-12), directly to the East of the
PROJECTsite.
Pass 1 of 3 of Exhibit A
1.2 In atltlifion the PROJECT will include the construction of parking lots, landscape and IW areas,
fencing, lighting, and all other necessary improvements.
1.3 A preliminary conceptual master plan has been developed based upon the initial &58 acres
currently awned by the CITY as shown in Attachment e2 of Exhibit 'N. From this prellminmy master
plan a site plan has been developed that incorporates all of the proposed improvements on all
Properties (Cie City's 6.58 acres. CUSD'a 1.4 acres, CUED's .33 acres, and modifications to CUSO's
existing parking lot as shown in Attachment B3 of Exhibit "A").
1.4 The CITY and CUSD are cooperating in relation to the PROJECT whereunder (i) the CITY will
acquire from CUED an additional a1-1.4 acres for PROJECT park uses, and s/-.33 acres for a publfc
street easement, as shown in Attachment e1 of Exhibit "A', thus increasing Me park site size to
approximately 8 acres, and (1) the CITY will design, plan, secure rezoneslpennitsfapprovals, bid
award manage and construct a joint use parking facility (approximately 57 parking stalls) and
motlifications to CUSD§ existing parking lot, and related on-site and ort -site Improvements (collectively
"Perking Facility'), as deacribedfdepicted In Attachment R4 of Exhibit W, upon the CUSD owned site
depicted therein, known as a portico of APN 311-281 specifically described as follows:
The west 97.00 feet of the south half of the southeast quarter of the Northwest Quarter
of Section 15, Township 13 South, Range 19 East. Mount Diablo Base and Montreal,
according to the Official United States Government Township Plat thereof, excepting
therefrom the south 30.00 feet thereof, and
The north 24.00 feet of the South 543.00 feet of the scu81 hall of the southeast quarter of
the Northwest Cumber of Section 15, Township 13 South, Range 19 East, Mount Diablo
Base and Meridian. according to the Official United States Government Township Plat
thereof, excepting therefrom the east 723.00 feet thereof.
The Parking Facility shall be In accordance with plans and specifications prim approved by the CUSD,
consistent with Me Project budget and schedule and subject to required City Council approvals)
regarding PROJECT and Parking Facility funding, procuremenUaward. CUED shall allow City's Project
contractor access M the She as necessary to complete the Parking Facility Improvements as awarded
and shall not unreasonably Interfere with Me project work or take any action that would cause the CITY
to hat in violation of its obligations to the Parking Facility project Contractor. Upon CITY'S completion
and acceptance of Me or -site Parking Facility Improvements, the on-site Parking Facility shall at all
times awned by and the responsibllity of CUSD, provided that CUSD shall grant CITY a no fee license
(theUcense") to joint use of the completed Parking Fadliry an a first comet irst serve basis for overflow
public parking in conjunction with the UAP PROJECT, and further provided that CUED shall have
primary use for District administrative meetings and staff development seminars during the period
Monday tam Friday 0800-1730 hours. The License shell run for duration of the Agreement to which this
Exhlbd is atllched. All off -sire Improvements shall be dedicated to the CITY.
1.5 The preliminary master plan has been modified to include this additional 1.4 acres, as shown in
Attachment A3 of Exhibit 'A'. Construction documents are currently being developed from these
finalized preliminary master plans.
Page 2 of 3 of Exhibit A
PROJECT Schedule: It is the CITY'S goal to complete the construction of Me joint use parking lot and
remodeling of the existing parking lot within 38months of the effective date of this agreement.
Page 3 of 3 of Exhibit A
Attachment #2 to Exhibit "A"
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EXHIBIT "B"
Project Least Description:
1. Approximately 1.4 acres to be conveyed by Grant Dead in fee to the City.
APWporbon thereof 311-280-03T
Legal Description:
The west 97.00 feet of the south half of the southeast quarter of the
Northwest Quarter of Section 15, Township 13 South, Range 19 Easel
Mount Diablo Base and Meridian, according to the Official United States
Government Township Plat thereof, excepting therefrom the south 30.00
feet thereof.
Contains an area of 61,167 square feet, more or less..
2. Approximately 0.33 acres to be conveyed by Deed of Easement as easement
to City.
APN/portion thereof 311-280-03T
Legal Description:
The north 24.00 feet of the south 54.00 feet of the seem hall of the
southeast quarter of fine Northwest Quarter of Section 15, Township 13
South, Range 19 East, Mount Diablo Base and Meridian, according to the
Official United States Government Township Plat thereof, excepting
therefrom the east 723.00 feet thereof.
3. Approximately 0.42 acres constituting the Parking Site for the Joint Use Parking
Facility
APN/portion thereof 311-280-037
Legal Description:
The north 66.00 feet of the south 120.00 feet of the east 274.00 feet of the
west 371.00 feet of the south half of the southeast quarter of the
Northwest Quarter of Section 15, Township 13 South, Range 19 East,
Mount Diablo Base and Meridian, according to the Official United States
Government Township Plat thereof.
EXHIBIT "B"
TRA N .18 ,P TR 61, S.6 &6/. .C.
16 11 10 1E 11 10 9 a 7 6 6
w Er.
x]2tWIFS CCPltl1 91p? 1nW
x�sxEpwmsaa �
�? T�raN'`ramm'ix� v"�imEia o°issiew`�"inur°psna.v—�
- KrCMW �4 QNB NtablA9i1NRBECIlYM0.fYle
�useasrsx�mum irzorsx_
w eD sxpN� sa 1p�xe�E'M`�7
5, y reamravmrx�p J�gFS M,s_
a+' ya
Q�j$ 9AA 6a J
6
A e�I
% OAE TAIL �xN
2F
6f1E � mmi�scarT�+�wa,HE
ersmwpis �N xomrsmuoNeNmwx s6 suis
� Nmsmromrwsrsox I
Q w sx�Wn�. 1'
�
U w
-_® —z ersavw swm
n'srmw. iTiair --aevls A +NUE
ws�A E°r�i eovmxvrwwen X WEST OETfYSBURG AVENUE �y
cF��mv w
NOTE6: Wp
MTABN]YMMTrrUMpp NBX4A1i W gpFIVIm
fRptlM r1RILT 1p.rrlSt(Ph1WBp'JtrpF
%AR AT �TMNlYNr.FREID!]COLMYRKgNp9 9A
QREVOAITOnX':lepgi"q�peREEfWMpp®rWN N
amrsrxnssremxrps WAn AT NaYae W<arpn ,x 6 ��� P x
®oPRE®`�81cs Y°�uniarasomANr'sr"sr
xo.mma"'is1fau.e .Yzr
®osmTpNNem`�°mms""`iAr e:se�r:r a A m
xarmre,owsa
INDKA765APPAOFTHEf01MUSE PAkGNGIGT ���
IS.[BI S.Fx
CITY OF FRESNO
PUT 2M MPANgAFMP""2LCS
JOINT USE PARKING LOT —
u
u
xvurrE rap
ro7,r
u
HevsswE
iaPE
nmr
u
xv�xPT
IS
SPIMW
4%
EXHIBIT "C"
DEFINITION OF HAZARDOUS MATERIALS
The tans "Hazardous Materials" as used in this Agreement shall mean any toxic or
hazardous substance, material or waste or any pollutant or contaminant or infectious or
radicadive material, including but not limited to those substances, materials or wastes
regulated now or in the future under any of the statutes or regulations listed below and
any and all of Nose substances included within the definitions of "hazardous
substances", °hazardous materials", "hazardous waste "hazardous chemical
substance or mixture", "imminently hazardous chemical substance or mixture', toxic
substances", "hazardous air pollutanf', toxic pollutant" or "solid waste" in the statues or
regulations listed below. Hazardous Materials shall also mean any and all other similar
terms defined in other federal, state and local laws, statutes, regulations, orders or rules
and materials and wastes which are, or in the future become, regulated under
applicable local, state or federal law for the protection of health or the environment or
which are classified as hazardous or toxic substances. materials or waste, pollutants or
contaminants, as defined, listed or regulated by any federal, state or local law,
regulation or order or by common law decision, including, without limitation, (i)
trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents,
(ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated
biphenyls, (v) flammable explosives, (vi) urea moraldehytle; and (0) radioactive
materials and waste.
In addition, Hazardous Materials shall include:
(1) a "Hazardous Substance', "Hazardous Material", "Hazardous Waste", or
"Toxic Substance' under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. §§ 9601, at seq., the Hazardous Materials
Transportation Act, 49 U.S.C. §§ 1801, at seq., or the Resource Conseryatlon and
Recovery Act, 42 U.S.C. §§ 6901, d seq.;
(2) an"Extremely Hazardous Waste",a"Hazardous Waste", or a'Restricted
Hazardous Waste", under §§ 25115, 25117 or 25122.7 of the California Health and
Safety Code, or is listed or identified pursuant to §§ 25140 or 44321 of the CalBomie
Health and Safety Code;
(3) a "Hazardous Material", "Hazardous Substance%"Hazardous Waste",
"Toxic Air Contaminant", or"Medical Waste" untler§§ 25281, 25316, 25501, 25501. 1.
25023.2 or 39855 of the California Health and Safety Code;
(4) "Oil" or a'Hazardous Substance' listed or caddied pursuant to § 311 of
the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other
hydrocarbonlc substance. or by-product;
(5) listed or defined as a"Hazardous Waste","Fxtremely Hazardous Waste",
or an "Acutely Hazardous Waste' pursuant to Chapter 11 of Title 22 of Me California
Code of Regulations,
(6) listed by the State of California as a chemical known by the State to cause
cancer or reproductive toxicity pursuant to § 25249.8(a) of the California Health and
Safety Code;
(7) a material which due to its characteristics or interaction with ane or more
other substances, chemical compounds, or mixtures, damages or threatens to damage,
health, safety, or the environment, or is required by any law or public agency to be
remediated, Including remediation which such law or public agency requires in order for
the property to be put to any lawful purpose;
(6) any material the presence of which would require remediation pursuant to
the guidelines set forth in the State of California Leaking Underground Fuel Tank Field
Manual, whether or not the presence of such material resulted from a leaking
underground fuel tank;
(9) pesticides regulated under the Federal Insecticide, Fungicide and
Rodenticide Act, 7 U.S.C. §§ 136 at seq.;
(10) asbestos, PCBs, and other substances regulated under the Toxic
Substances Control Act,. 15 U.S.C. §§ 2601 at seq.;
(11) any radioactive material including, without limitation, any "source material',
"special nuclear material" ,'by-product material', 'low-level wastes", 'high-level
ratlioactive waste', -spent nuclear fuel' of "transuranic waste". and any other
radioactive materials or radioactive wastes, however produced, regulated under the
Atomic Energy Act, 42 U.S.C. §§ 2011 at seq., the Nuclear Waste Policy Act, 42 U.S.C.
§§ 10101 at seq., or pursuant to the California Radiation Control Law, California Health
and Safety Code §§ 25800 at seq.
(12) mutuariel process and pollution control wastes, whether or not'hazanlous'
within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901
at seq.;
(13) regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651
et seq., or the California Occupational Safety and Health Act, California Latour Code §§
6300 at seq.; and/or
(14) regulated under the Clean Air Act, 42 U.S.C.§§ 7401 at seq. or pursuant
to Division 26 of the California Health and Safety Code.
All other laws, ordinances, codes, statutes, regulations, administrative rules, policies
and orders, promulgated pursuant to said foregoing statutes and regulations or any
amendments or replacement thereof, provided such amendments or replacements shall
in no way limit the original scope andlor definition Hazardous Materials defined herein.
EXHIBIT "D"
GRANT DEED
(Four pages)
Recording Requested By:
Public Works Department
City of Fresno
No Fee -Gov't. Code Sections
6103 and 27383
When Recorded Mail To:
Public Works Department
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3623
Attn: Bruce Abbott
APN 311-280-03T (portl0p) (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT DEED PW -2007-14704
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, and
Subject to the covenants and restrictions set forth below, the Central Unrled School
District, a public school district as successor -in -interest by merger from the Teague
School District of Fresno County, Grantor, hereby grants to the City Of Fresno, a
California municipal corporation, Grantee, all Mat real property situated In the County of
Fresno. State of California, described as follows:
See Exhibits "A" and "B", which am attached and incorporated herein
Consistent with the Cooperation Agreement Between the City of Fresno and Central
Unified School District Relating to Real property Disposition, Construction and Joint Use
('Sale Agreement') dated I 2008 entered by Grantor and Grantee, all
Incorporated herein by this reference, the Grantee herein covenants by and for Itself
and its successors, transferees, vendees, administnumm, and assigns, and all persons
claiming under or through it, that:
The Grantors conveyance of the Property is conditioned on the Grantee timely
commencing and completing the Parking Fanlity Project. Therefore, unless the
Grantee records a written Notice of Completion evidencing satisfactory
completion of the Parking Facility Project within 24 months of the recordation of
this Dead, the Grantor shall have the power to terminate all right, true, and
Interest granted hereunder to Grantee, and Grantee's heirs, succesSOM and
assigns, in the manner the law provides for exercising the power of termination.
The Grantee will cooperate with the Grantor in its exercise of the power. The
Grantor may exercise its power, before records m -i of the women Notice of
Completion, upon the occurrence of any Of the fallowing: (i) Grantee does not
begin or complete construction of the Project within the later of the time specified
in the Schedule of Performance attached to the Sale Agreement or [181 months
of the recordation of this Deed; or, (ii) Grantee abandons or substantially
suspends construction of the Project for 30 days after the Grantor gives written
notice of the abandonment or suspension; or, (iii) Grantee assigns or transfers,
or suffers an involuntary transfer of, any rights or obligations under the Sale
Agreement, or In the Property, In violation of the assignment provisions of this
Grant Deed. Grantor may institute any action or Proceeding to exercise its rights
under this section including, without limitation, the right to execute and record In
the Official Records of Fresno County a written declaration that it is exercising its
power to terminate all fight, tale, and interest of Grantee, its succassors in
interest and assigns, in the Property and to revest tale In Grantor. Grantor's
delay in instituting or prosecuting any action or proceeding, or otherwise
asserting its rights untler this section, shall not operate as a waiver. If Grantor
waives any specific default by Grantee under this section, the waiver shall not be
a continuing waiver, or a waiver of any other default by Grantee.
If a conflict exists or arises between the provisions of this Deed and the Sale
Agreement, the Sale Agreement shall control.
IN WITNESS WHEREOF the parties hereto have signed this Grant Dead the _tlay
of , 2008.
Granrorand Grantee to sign before a notarypublic, and notary fo attach
acknowledgment.
GRANTOR: The Central Uniffed School District, a public school district es successor -
in -interest by merger from the Teague School District of Fresno County
By Dated: .2<i1T
Mike Berg, Cffiel Busm ss Officer
GRANTEE: Cay of Fresno, a California municipal corporation
By---- T� Dated
Patrick W,M,,,er, Publk Works Director
2007129
15-A-9329
I .....• uFy umm Cne pnpa19BBl �mM/Canm�Frplra lune )9. HIp9
S GNATUR—I- EOF NOTARY B
LERTIFlCATE OF ACCEPTANCEOtfi� OF FRESNO ULEETIFILCATE OF ACCEPTIWCE(Council)
In MuortlaMW wall Section 2]281 of Me Gowmmem In aacokance whin Saili 0 Me Gonmmers
Coca. this Is to rustily Met the interest In reel propaM swers Cotle, MR s M certify qN Me interest In real property
W behalf of IM Co Mol M the CM f me Fra tai pauned ses to PowaWd by this instrument to Me CIN m Fresno, a
eutleMy oonlerred by Basal No, W -219A M field Municipal mWintion, R hereby accepted by order of Me
Callen, adapted June 9. 1882 andMe emee commentsCoum10 a City W Fral Made on Me date hereafter
to Me wOmation Mareof by is duly Authorized officer, ne �b d Me Blames Rho Me cordetlpn
Mareol by be dulyautlprleed oaker.
Public Works mracmr hem NOJReeO. W.
ACCEPTED:
Cate of Cwrcll ONar.
By: asvmr Dere: CRY as*
SY__ Oen¢:
FEE TME ACCEPTANCE(Dome)
CM Wrager APPROVED ASTO PONT:
City PlMmay
RY Date:
a�p,r SY Data: jZ/
aw
CO VENO FOR ACCEPTMICE: CX/ECI(ED.
SY By; LFA / GI
'rhe
nue: s
Tv N
Dare: Date: z/is 0a
1-0111TO. 11707-!2% Drewing No. /s-9-8327-
State of Camomile))
Countyrd Fresno )
— OPTIONAL SECTION
On before F%rAv�abxe
ma, .Sc3in�Sk noli.
od/Ir/.aor!
h
Nohary Publk,pemonallyeppeared, ltljC"Z /I, ISr.q
e
P
IaasI61M6xalnlel
O CORPORATE OFFICER(S)
who proved to me on the basis of satlsYenory eWtlerlce, to be the
person(s) whose murals 8(e subscribed to the within inshy�rl¢nt Bnd
aclvewletlgetl [o me that 6peOheWed Me same ir(hlaJtYr
O PARTNERS O IIMREO
authoraetl cepacM('ryu), aM
Nat by rM{elr 61gn8ture� 011 MIr
MATTORNET-IN-FACTER�
instrument the person(sy or the entM upon behalf of which the torsonhif
OTFUSTEE(S)
acted, OxeCuted the Insoment
O OWROIANSNIWCONSERVATON
SIGNED IS REPHESEHIWG
Iced/Yvakr PENALTYOF PERIURY
N� PTsoWSI OR eNmv0Es1
ullderEYaww title SYNdCeffarlve
•
Maz Mefaegpbg Paragraph a me end gISANSiEAW
COMM l5CCNECL a
.P
I .....• uFy umm Cne pnpa19BBl �mM/Canm�Frplra lune )9. HIp9
S GNATUR—I- EOF NOTARY B
LERTIFlCATE OF ACCEPTANCEOtfi� OF FRESNO ULEETIFILCATE OF ACCEPTIWCE(Council)
In MuortlaMW wall Section 2]281 of Me Gowmmem In aacokance whin Saili 0 Me Gonmmers
Coca. this Is to rustily Met the interest In reel propaM swers Cotle, MR s M certify qN Me interest In real property
W behalf of IM Co Mol M the CM f me Fra tai pauned ses to PowaWd by this instrument to Me CIN m Fresno, a
eutleMy oonlerred by Basal No, W -219A M field Municipal mWintion, R hereby accepted by order of Me
Callen, adapted June 9. 1882 andMe emee commentsCoum10 a City W Fral Made on Me date hereafter
to Me wOmation Mareof by is duly Authorized officer, ne �b d Me Blames Rho Me cordetlpn
Mareol by be dulyautlprleed oaker.
Public Works mracmr hem NOJReeO. W.
ACCEPTED:
Cate of Cwrcll ONar.
By: asvmr Dere: CRY as*
SY__ Oen¢:
FEE TME ACCEPTANCE(Dome)
CM Wrager APPROVED ASTO PONT:
City PlMmay
RY Date:
a�p,r SY Data: jZ/
aw
CO VENO FOR ACCEPTMICE: CX/ECI(ED.
SY By; LFA / GI
'rhe
nue: s
Tv N
Dare: Date: z/is 0a
1-0111TO. 11707-!2% Drewing No. /s-9-8327-
EXHIBIT "A"
APN 311-280-03T (portion)
Grant Deed
The west 97.00 feet of the south half of the southeast quarter of the Northwest Quarter
of Section 15, Township 13 South, Range 19 East, Mount Diablo Base and Meridian,
according to the Official United States Gowimment Township Plat thereof.
EXCEPTING THEREFROM the south 30.00 feet thereof.
Contains an area of 61,167 square feet, more or less.
2007-129
IFA -8028
D:10ATA1ParwWniversa1ly Aecaeelble path 0 Getysbmg d Palk0rant Deee.tlec
EXHIBIT RB11
15
11 15 14 11 10 9 8 dP 7
6 6
w
rvo� �Cauannx6vN _I
eS- iXEPW FA9i INa
�NO%1lhFbilX �'
BKMN 14JNY
f5 P.sru�ar6,EwEsnmar =
NOR rnaTlpeOIITXFON isI oTlE
4MirrME6l rx CPgEL40X r6,rN9
, 4 t5
w �p
wl tS" 51 wEs OF THESOUT TO OF me G OA w
a G S�0'lR• 6OUTH TwOFTHEwXrrmecr 50N z
y ,6. 0�I Sl r FEELF41 rs, INv CEO q'st
01 0.
a pxt @ § OEN a o.
H
DETAIL _; 0'
xE
SO
g wE6T YEaFTxEEASr ITd.apoFTIE..
uTx rrsar6ewumP.srru
6 s! xoNNrwEenua6Ecnox ra mm
s SEE DETAIL I¢i
um PXEv,owly B
c.N? ww�RF: mwE.s°LE.ffzm
LO-mmir w.------ O0L1"ra^
f
n __aerssOvw spze __
Loiia yEn \ a WEST GETTYSBURG AVENUE
�cnB MXrEXrNm�
R E eFtNwrarNe
OF MOnON 15, M�
NorES:
FTxTNx41XMIGX NY =ON Yob W41K �6{.ONHOg�q�
LpIMY xECORUS QP
0UPTML0ixayDNeWXba ULeTp FKRFO&OO L
Puc NRR UEaug4FG0. ,4
0O400� E� ��PNwL XFa n ry. I\VI
.OPpCAXxE4NMVTR.M14MLLMEM IX+. 6Ffi.
OIb.IDfla6LVo[o TFDM4wBULSTHEEIPLAPo66 H1• /�
NO V I MFxTr1ECGvfE4rNY4 rep MpORFCLgMExT Q
INQYATESMFATGBEGMNTEO NOe Z�C07
61,IE7S.F.x
2007-139 oFva9rmFPll Of piaiKyrtigq °� wome
PL T2&9
w
PARCELTO BE GMNIEp TO THE CITY OF FRESNO
EXHIBIT "E"
DEED OF EASEMENT
(Four pages)
Recording Requested By:
Public Works Department
City of Fresno
No Fee -Gov't. Gods Sections
6103 and 27383
When Recorded Mail To:
Public Works Deparimsm
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3623
Attn: Bruce Abbott
APN 311-280.037 (potline) (SPACE ABOVE THIS LINE FOP RECORDER'S USE)
DEED OF EASEMENT PW -2007-14703
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, and
subject to Me covenants and restrictions set forth below, the Central Un@led School
District, a public School district as successor-iMnterest to the Teague School District of
Fresno County, Grantor, hereby grants to the City Of Fresno, a Celifomia municipal
corporation, Grantee, an easement and right-of-way for public street purposes over,
under, through and across ell that real Property shuated in the City of Fresno, County of
Fresno, State of Califomia, more parricularry described and shown as follows:
See Exhibits "A" and B", which are attached am incorporated herein.
Central Unified School District, a Public school district ' /
By /
' — 1 K�—! Dated:_ o2 '7 ''-e Joy
Make Barg, Chief Bus ess Officer
J
2007-1215
M -A e92B
I 's
State of Calilomia )
County of Fresno J �IOPTIONAL SECTION —
On 2/IflBuvt beforeme, S .iid344 //hey/7by[ 7
are ae B
Notary Publfc, personally epeareq n11 C4ut a. 13,.ry p'
xV�I5� ai 5pryEnt51 '�—
p MOIWONAL(S
p CORP011 OFFICERS)
wlw proved to maser
on Me basis of bscfadary to voce, M be do me
Person(s) whose names Sre subscribed to Ne within instmment end a PggmEHs o IL MITEO
knowbeagetl to me Mef 'thelllt y epdetl the same i�yfiiajlwAllen
author zetl cepeCly(iyo), antl Metb aMeir8gne1We(Nion lha pgTlpgNEy-OGENEHAL
instrument the parsoMe), or Me anti upon behalf of Which the N own(e) O TRUSTEEMS)N FACT
acted, Executed fie Monument. 0 GUMpIANSHI eCONSEHVATOq
SIGNER IS REPRESENTING
Icedbytntlar PEft%MFPER.IURY xnryF OF aEnsµvreloH FxmvoFst
untlerlhBleN3 ai t1E $Iab NCa6tgnja SUSgN STEPGALL G
com�falagoillg PamgmPh is bueara 3 COMM. p158dU61 -jUS
pr. - xprAn UC. Dine
W"ESS. my hand and official seal sxp Coxmr
Mytomm, trelrev lune}9,pW9 �}
:N 1 AflCJ €
IGNATUR E
In eaaNerce vAN SeGion ZJ2B1 d Na Government
Cotla, and is M cel4y, that Me interest in reel prodany
cond3W hereby is scwpted by Me underegnat of re s
on behalf 0 Me Council of Me Gy of Fresno pumuan to
auMor'Iy conferred by Resolution No 92218A N saki
Council, retooled June 9, 1992 and the grantee Mandate
to Me recantation thereof by be duly aursohsetl officer.
Public Works Director
ACCEPTED:
By. Ded:
By:.
Title:
Lag No. 2007-/2B Drawing No. /5-A_peaa
In whh S don 27281 Of Me G IMines
Cade, Mia a to coNy Mgt the internal in noel pmpaM
console by this InnWnrenl to Me City W peace e
munldpel corporation, s hereby accptetl by omen OI Ma
Cwndl d he CRY d Fresno matle on Me date hereafter
set fain elf Me grantee consents to Me recordation
Hereof by bs dulyeumoduad officer
Item NoAResa. No.
Date Of Council orae,:
CRY Clark
By. Dein:
"MOM AS TO POS1A
City money
one:
The:_
SavEzyisd Ems_
Dne:
711s- Los
EXHIBIT "A"
APN 311-280-03T (portion)
Street easement
The north 24.00 feet of the south 54.00 feet of the south half of the southeast quarter of
the Northwest Quarter of Section 15, Township 13 South, Range 19 East, Mount Diablo
Base and Meridian, according to the Official United States Government Township Plat
thereof.
EXCEPTING THEREFROM the east 723.00 feet thereof.
Contains an area of 14,166 square feet, more or less.
2007-126
15-A-a32e
G?DATATarksWniverselly AccecsUe P" 0 Geeysburg 8 PolkV30eet.cm
r..
EXHIBIT "B"
TRA TN .18 ,PTB 61, S.5 8:54, .0
I6 U \\\IS IP 11 10 9 6 7 6 6
�6'O1iH 9TCCOIWEa ]NwOFNEW�
IM' TxEBwnHvaiIMD
r
CF¢cnON 15 vie
�0 a sa \s<P�Os
Q €
ixr 13 xx1W a€'
0 - r. STUNEOFT Ew In DFTHE perj3
%DETAIL `• o
N +Iw"scn'DAn+°Fl,TxwEp OmxwEBr f
!�" nTn uaoFile FABrTamoFTxE'
soulx woETlamUrxuBriN OrmB �'
w nsvwO, D.0 � ! xanm.FsriADFxrnaB �B.iv�e � �
I0 SEE DETAIL ,
NaF
S�L
N sEHOw ]PAP
rv9vlfSp w, llll.v --- _ __
8 NBs'VENT��ytj— —1 -�Y
WEST GETTVSSURG AVENUE C RlA
-sccn I`s°ivw BDurmissrm \ N g sr nw ll.cwpxm
OFTNEBaimE.Brw
OF 6$Ft Hm is MY;
NOTES:
Ory THLI B�uNlXD16,V BVvwNW py OENrtEp cD✓ND BOq_
FP.=MTTEMV CFiMCi MO 11NPEEggEp IX &T`NNCf H. C^,
v.VFBeFTXROtgHM, fAEeW cOyHM1HEfMIN F9
p1 VNEVICUBIV Omlf�liFDFp(RMp 6iPFET W W�6gEBBYµV A
IMCi W.ftN.BWtB9CF aNlBei agpEevp, FC.0.
9HMFDFO EABEMEM�fMFYWc91g2ErgppOg9Bvn
_ NEGOPCEOugYli]B, Yaa49 WCYMFM ^ �.Y
IU MP OIILY CEDIG D FW PUBUC snEEr PUPPoBES BY.! ` ' �Htp
oFFwSEMBrt P£coppEp gY4leRN OOLHYE,tt W CF µlr
NO e20B1m OAF C, /
NOIGMA ID BE DEOIGTEO xOSFLLE {O7
14,1665Fm
CITY OF FRESNO mowTr
—«
2007118 DrrA9rmwraFvueuc Kvrtamm =-+*'^E
PVlT 2WPARCELTO61EDEO1CAll EO TO TRE Cp OF FRESNO ma?J— e,m _
ASANEASEND I ! IDRIGHT-OF-WAYFOqaq BY
PUBLIC STREET PURPOSES -K^ 18-A-8328
FRESNV REPORT TO THE CITY COUNCIL AGENDA ITEM NO. 9:
Decamber2,2010
FROM: RANDALL L COOPER, Director
PI After School, Recreation, and Community Services Department
BY: ANDY VANDERFORD, Pmject Manager
GEDrFacJlNes 8 Major Projects Division
JERRY HAYNES, Parks 8 Capital Projects Manager
Parks, After School, Recreation, and Community ss Department
SUBJECT. APPROVE THE TERMS OF THE AGREEMENT BETWEEN CENTRAL UNIFIED
SCHOOL DISTRICT AND THE CITY OF FRESNO FOR LAND ACQUISITION
AND JOINT DEVELOPMENT AND OPERATION OF A PARKING LOT FOR
COMPLETION OF THE UNIVERSALLY ACCESSIBLE PARK
(COUNCIL DISTRICT NO. 1)—PARCS
RECOMMENDATION
Approve the lentis of the agreement beMeen Central Unlied School District (CUSD) and the
City of Frasrro (City) for land acquisition ark joint development and operation of a Parting lot for
completion of the Universally Accessible Pads, and authorize the Pada, Agar School.
Recreation, and Community Services Department (PARCS) Director or his designee to sign
the agreement and all other project related documents on behag of the City.
EXECUTIVE SUMMARY
The City seeks to construct Die Universally Accessible Palk boated at Gettysburg Avenue and Vlste
Avenue, adjacent to the Teague Elementary School. PARCS proposes to purchase 1.40 acres of
CUSD property for public pant purposes and 0.33 acres for public street purposes in the estimated
SIMI of 5274,685.00. This estimate is pursuant b a professional land appraisal. In lieu of cash
payment to CUSD for Me land, the City proposes to enter into an agreement with CUSD to develop,
construct, and jointly use a CUSD owned paNng tit, estlmated to cost $215,453.00 b construct
The dMerance bMwoen the appraised land value and the cast to construct the paring tit is
$58,232.00, which start considers appropriate reimbursement for usage of this CUSD owned parkrpl
M Over Me 20 year agreement period; which equals a Wn-edjusred amount of $2,962.00 Par year.
The estimated cost of the parking lot will be covered by UGM Neighborhood Park Zone 4 funds.
BACKGROUND
On December 5, 2006, City Council approved a PARCS Reimbursement Resolution to fund
various capital projects which Induced a proposed pact, described as the Citys first Universally
Accessible Pant to accommodate children and young adults with various disabilities. To
aa.ompliah this need. Slap is requesting the approval of the agreement with CUSD W acquire an
additional 1.40 saes b be added to City owned 6.56 aeras. The 1.40 some would be used for
public perk purposes and 0.33 aeras for public shoal purposes. Wirt approval olthe agreement
ate. rnr onip,I
2
Rept to the City Coundl
Approve Agreement with Cenral Unified School District
for Me Univereally Aooeasible Park
December2,2010
Page 2
Me total park acreage would become approximately 8 aces, and Me CUSD parking lot would be
jointly used by CUSD and Me City. The City will have 33 months born Me effective dale of Me
agreement to construct the CUSD parting facility.
The agreement with CUSD has been approved as tc form by Me City Attorneys OMcs, and on
November 18, 2008, Me CUSD Board approved Me agreement.
The Development and Resource Management Depamnent is wnently processing Conditional Use
Pennk Application No. C -0e-235. An environmental finding of a Finding of Confarmity with Me 2025
Fresno General Plan MEIR and Air Quality MND finding for Environmental Assessment Application
No. R -10-0041C-0 235 was published on May 14, 2010. This environmental finding was posted
w4M Me Fresno County Clerk on May 14, 2010.
FISCAL IMPACT
There is no impact to the General Fund as a result of approving this Agreement The estimated
cost of the Parking lot will be covered by UGM Neighborhood Park Zone 4 funds. The
Department hes also been awarded a Proposition 84 gram for $5 million.
R. uowro
Attachment Agreement
PROGRAM: PC06e66 UNIVERSALLY ACCESSIBLE PARK
*Funds for this projx are deAved from Citywide Park Impact lees / Bond Pmceedis, a gram, and
UGM.
Indirect Costa induce: Contract management, design wor0ination, and venous p jem
management activities related to administering this agneemem. This is an estimated w t
TOTAL OR ANNUALIZED
RECOMMENDATION
CURRENT COST
Direct Cost
82746&5.00
IndirectCosts:
$56.000.00
TOTAL COST
Sn24
Additional
Revenue or Savings
Geremsecl
Net CM Cost
5324 fiB5.00
Amount Budgeted
(if rune budgeted,
identity source):
5324.6&500
*Funds for this projx are deAved from Citywide Park Impact lees / Bond Pmceedis, a gram, and
UGM.
Indirect Costa induce: Contract management, design wor0ination, and venous p jem
management activities related to administering this agneemem. This is an estimated w t
RESOLUTION No. OW09-27
BEFORE THE BOARD OF TRUSTEES
OF THE CENTRAL UNWIED SCHOOL DISTRICT
FRESNO COU'N'TY, CALIFORNIA
In the Eisner of Cooperation Agmemmt
with the City ofPresm Relating to Rod
Fmperty Disposition, Combination, and
Joint Use for Poking Lot
RESOLUTION "PROVING
COOPERATION AGREEMENT WFFH
J AND TRANSFER OF INTERESTSIN
REAL PROPERTY TO THE CITY OF
FRESNO
WHEREAS,I)re CentralTlnified School Distant("Disldct") as rvcaaor-io-iNertat to the
Toga Sed and property
opeComry,owmpo title County ofinetelyltmace alorepameing
unimproved anti prop 281103 loosbiS Gly cin Fresno, County of N. Polk Siem al Gettysburg lung
Aportion djaccuf AM IlltheOLIT, IOCHW a theedoMwxet,omnmoSch Polkaed W.rollpll
' Avenues edlanmtb the District Ori etM Teague Elemmmry School (the "Pmpeny"l;eM
WHEREAS, me City of From and the Distinct sepvaely aul jointly have urmet races for
pmgtammmic Perking all public use remembered facilities; and
WHEREAS, City and! District, in order to oddmss these unmet needs, desire to cooperate in
a pmjwt consisting of District's monafer of us interest in the Property to aty(incl What; a related
public must/right-of-way "amount) in exchange for City's construction of newjoim use paining
Balky, and related impmvemmte and Summering on and to an exi ring District parking lot on tin
Property (collectively. dna "Pm1ect") fer the bevefir of City's proposed Universally Accessible Pak
Project adjacent to add Property, all m more specifically des nfland eM deplored in the mal
domment mtitled "COOPERATION AGREEMENT BETWEEN CITY OF FRESNO AND
CENTRAL UNIFIED. SCHOOL DISTRICT RELATING TO REAL PROFEll DISPOSITION,
CON SIRUCTION AND JOINT USE (City's Universal Accessible Pak Pmjeet)"; and
WHERPAS, this Board has the authority as tremfer the Progeny end rightof--nay as
provided herein; and
WHEREAS, this Board is empowered by California Education Code soction 351 W to
ransfer sold real property comes b Na Ciry of Freeman mon such temp and mnditiem as the
parries may agm, and such transfer may he =term wb without complying with any other
provisions of the Education Code related to meima <r, We, or exchange of the District's teal
Property. so long as the russolmou authowing such tivukr and Middling its terms has hm
adopted by unmtimum vote of an of the members of the District's Governing Bond, and notice of
such action has been published in a newspaper of general mratetion within the District once a week
for dum weeks prior to the execution of the hansfrr agreement by the District, and
WHEREAS, rho District has published avid mtixan reyuirod by law; end
WHEREAS, the District intends to comply with me above-mfaeueed mquir mauls by
Woptimofthls Resolution.
NOW, THEREFORE, BE IT RESOLVED, Onto We Board! of Trustees of du Commed DrdfiM
School District hereby finds, declares, and r<solvas u fogoome
I, The foregoing n iuls amhaeby adopted aso eand common.
2. The Break of Trustees hereby approves and tactics that cemin"COOPERATION
AGREEMENT BETWEEN CITY OF FRESNO AND CENTPA UNIFIED SCHOOL DISTRICT
RELATING TO REAL PROPERTY DISPOSITION, CONSTRUCTION AND JOINT USE (City's
Universally Accessible Park Prides)" sad substrate the member of the easembod inWmsts in red
property W the Ciry o(Fmmo iv.amsdana with Ne •.,.,, ofseW agrmmenr. Said egrdnnem, N
subst�ntiallytheform submitted W thin Boyd and etmcM1Mm this Resolucov u Exhibit"A," sMll
bejeotWMan chanes Or eDlsuinbythe Mthict's SuperinWnd or mCBustr incssisir May subject m such n comirsormviid E therein m ore contains
al offs: attend
nd bermimas tyficecmay
tiednecessarymoperable. Said Exhlbh"A"conmim a 11 ofthewined the and (From ,upon
which said real property interests shall he trenefernM m or exchengM with the City of Fromm,
S. The District's Superinsvdm4 or Chief Bminess 0Bior, is authorized end dirtctM
to Mor each other and finNcr actions as may he veassery, or covveoi<nt W cony out dec pinioned
and intent of obis Resolocon
4. This Resoluconshall take effectmoschately upon ib adopfice,
This Resolution wm Mopned by unanimous vote of the Bold ofTrvsmcs of the Conical
Unified School District a dWy m11M msdng held on honesty 27, 2009.
AYES: 7
NOES: O
ABSENT:
Ce PreaidmtafTruam
Cmt Unified School District
Fsesoo Comty,Cilifnmia
1, Marilou RAA. Secmury of me Rimini ofTrunees of the Cannot Unified School Distrie,
do hereby certify that We forgoing Resolution was regularly inuoduc4 posted, said adopted by
the Board afTmstees et its mcethrg held on hewury 2], 2009.
ARyder, y Boardoflrurtem
CVLhd Unified School District
Fresno County, Callfomih