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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 go �E (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 10 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" -'til III z I I wil u< �« 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