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HomeMy WebLinkAbout07.E- Parks, Recreation & Community Services RESOLUTION(ID#2051) DOC ID: 2051 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Kevin L. Hawkins M/CC Meeting Date: 11/05/2012 Prepared by: Harriet Myers, (909) 384-5233 Dept: Parks, Recreation&Community Ward(s): 1 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Disclaiming and Waiving Any Interest in the Property Located at Palm Lane and Monterey Avenue, San Bernardino (APN 0279-042-12) Owned by the County of San Bernardino and Approving the County of San Bernardino's Conveyance of Said Property to the San Bernardino City Unified School District. Financial Impact: The City will not receive revenue from the County of San Bernardino's conveyance of the property located at Palm Lane and Monterey, San Bernardino (APN 0279-042-12) to the San Bernardino City Unified District;however, the City will be relieved of the cost of maintenance and any liability associated with ownership of the Property. Motion: Adopt the Resolution. Synopsis of Previous Council Action: October 15, 2007 - Resolution No. 2007-423, City and County Lease of CID and Maintenance and Operation Agreement September 6, 2006 - Resolution No. 2006-312, City and County Agreement to provide facility Improvements at CID October 16, 2000 - Resolution No. 2000-307, City and County Lease of CID and Maintenance and Operation Agreement November 6, 1995 -Resolution No. 95-388, City and County Lease of CID and Maintenance and Operation Agreement September 15, 1981 - Resolution No. 81-403, North Norton Center Operation and Maintenance Agreement September 10, 1979 -Resolution No. 79-367, First Amendment to the Agreement which Created the Authority for the Handicapped October 2, 1978 - Resolution 13464, Approving creation of Joint Powers Agreement known as the Authority for the Handicapped of San Bernardino County Background: On or about October 2, 1978, the Mayor and Common Council approved the creation of the Updated: 11/1/2012 by Gwendolyn Waters 2051 Authority for the Handicapped of San Bernardino County, a Joint Powers Agreement (the "JPA") between the City and County of San Bernardino (the "County"),to acquire land and provide j O funds for construction of facilities to provide services to individuals with disabilities. On or about October 5, 1979,the County acquired the property located at the intersection of Palm Lane and Monterey Avenue(AP City Unified School District(the"District")for$1.00 with the condition(among others)that the Property be used to construct a recreational and community center. Subsequently,on August 6, 1981,the County and the JPA entered into a Ground Lease for the Property which provides the lease shall terminate"upon termination of the County's obligations under the Joint Exercise of Powers Agreement." Furthermore,the Ground Lease provides that upon termination of the lease,the JPA will"surrender the Site in good order and condition . . . . provided that any permanent structures existing upon the Site at the time of termination . . . shall remain thereon and title thereto shall vest in the County free and clear of any interest of the Authority." Facilities were constructed on the Property. One of the facilities, knowp as the Center for Individual Development("CID"), has been and continues to be utilized in order to deliver critical services to individuals with disabilities throughout the community. The original term of the JPA was 40 years and set to expire on October 15, 2018. However, the agreement provided either party could withdraw from the JPA upon six months notice to the other party. On or about August 10, 2010, the County delivered to the City notice of withdrawal from the JPA effective February 15,2011. Therefore,the Ground Lease was effectively terminated on February 15,2011 when the County withdrew from the JPA and the Property and any structures thereon are to be returned to the County. Since the dissolution of the JPA, City, County, and District staffs have discussed the future of the Property and the desire of all parties for the CID program to continue. The County desires to dispose of the Property. The District has proposed to acquire the Property at no cost and continue to assist the City with providing the CID program,while assuming all other responsibilities of ownership. However,the County has requested that,prior to conveying the Property to the District,the City waive and disclaim any interest it may have in the Property and execute a quit claim deed. City Attorney Review: Supporting Documents: Reso 2051 (PDF) Quitclaim (PDF) Updated: 11/1/2012 by Gwendolyn Waters Packet Pg. 136 7.E.a' RESOLUTION NO. I 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO DISCLAIMING AND WAIVING ANY INTEREST IN THE PROPERTY 3 LOCATED AT PALM LANE AND MONTERERY AVENUE, SAN BERNARDINO (AP 4 0279-042-12) OWNED BY THE COUNTY OF SAN BERNARDINO AND APPROVIN THE COUNTY OF SAN BERNARDINO'S CONVEYANCE OF SAID PROPERTY T 5 THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. 6 WHEREAS, in 1978 the "Authority for the Handicapped of San Bernardino County," joint powers authority (the "JPA"), was formed by the City of San Bernardino (the "City") an 8 9 the County of San Bernardino (the "County") for the purpose of providing services to individual 10 with disabilities in the County; and m I WHEREAS, on October 29, 1979, the County acquired approximately 6.7 acres locate c m 12 ~ at the intersection of Palm Lane and Monterey Avenue, San Bernardino (APN 0279-042-12) (th o U 13 "Property")from the San Bernardino City Unified School District(the"District") for the purpose 0 14 N of constructing a recreation and community center on the property for the use of the JPA; and 15 0 16 WHEREAS, the Center for Individual Development("CID"), a City program serving th H v 17 needs of individuals with disabilities, is presently located on the Property in one of the building d 18 commonly known as 8088 Palm Lane, San Bernardino; and 19 A WHEREAS, on or about August 13, 2010, the County delivered to the City a notice o 20 ' 21 intent to withdraw from the JPA,thereby dissolving the JPA on February 15,2011; and 22 WHEREAS, the Lease Agreement for the Property between the JPA and the County 23 dated August 6, 1981, provides the lease shall terminate "upon termination of the County' 24 obligations under the Joint Exercise of Powers Agreement dated for convenience October 16 25 26 1978" and furthermore, that upon termination of the lease, the JPA will "surrender the Site in 27 good order and condition . . . . provided that any permanent structures existing upon the Site a 28 1 Packet'P9 037 I the time of termination . . . shall remain thereon and title thereto shall vest in the County free an 2 clear of any interest of the Authority;" and 3 WHEREAS,the County desires to dispose of the Property; and 4 WHEREAS, the County, City, and District all desire that the City continue to operate the s Center for Individual Development at the Property; 6 7 NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI 8 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 Section 1. The City hereby disclaims and waives its interest, if any, in the Property to located at the intersection of Palm Lane and Monterey Avenue, San Bernardino (APN 0279-042 d 11 12), and authorizes the Mayor to execute and deliver to the County the quit claim deed attache 12 hereto as Exhibit A and incorporated herein by this reference, evidencing such disclaimer an o U 13 waiver of the City's interest, if any. This disclaimer and waiver shall only be for the City' Ln 14 interest, if any, in real property. ` 15 Section 2. The City hereby approves the County's conveyance of the Property, at n N 16 cost, to the District, with the understanding that the District will thereby assume all maintenance d 17 upkeep, insurance, and all other responsibilities of ownership of the Property but will allow th c d 18 City to continue, at no cost to the City, to occupy and use the building commonly known as 8088 19 Palm Lane, San Bernardino and any additional space necessary to continue operations of th a 20 Center for Individual Development. 21 Section 3. The City, as of the date of this Resolution, has no knowledge of an 22 outstanding liabilities, debts or obligations related to the Property; and the City further agrees t 23 assume any ongoing utility expenses with respect to the building commonly known as 8088 Pal 24 Lane, San Bernardino and any additional space utilized by the Center for Individua 25 Development until the Property is transferred to the District. 26 27 28 2 Packet Pg. 138 7.E.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN I BERNARDINO DISCLAIMING AND WAIVING ANY INTEREST IN THE PROPERTY 2 LOCATED AT PALM LANE AND MONTERERY AVENUE, SAN BERNARDINO (AP 0279-042-12) OWNED BY THE COUNTY OF SAN BERNARDINO AND APPROVING 3 THE COUNTY OF SAN BERNARDINO'S CONVEYANCE OF SAID PROPERTY T 4 THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayo 6 and Common Council of the City of San Bernardino at a meeting thereof, held or 7 the day of 2012 by the following vote, to wit: s 9 Council Members: AYES NAYS ABSTAIN ABSENT to MARQUEZ d w It JENKINS m Iz VALDIVIA o U 13 SHORETT LO 14 N 15 KELLEY N N N 16 JOHNSON N d Of 17 MCCAMMACK d 18 E r v R Iv a zo Georgeann Hanna, City Clerk 21 The foregoing resolution is hereby approved this_day of 2012. 22 23 Patrick J. Moms, Mayor za City of San Bernardino 2s Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 zs By: R- 3 °'U'Qacket,Pg I39µ 7.E.b RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: RECORDER: This instrument is for the benefit of the Countv of San Bernardino and is entitled to be recorded without fee. (Govt.Code 6103 QUITCLAIM DEED DOCUMENTARY TRANSFER TAX: A.P.N:0279-042-12 FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged the CITY OF SAN BERNARDINO d r- does hereby REMISE,RELEASE AND QUITCLAIM to the COUNTY OF SAN BERNARDINO m 0 U its interest,if any,in the real property in the County of San Bernardino, State of California,described as follows: C E 0 E SEE EXHIBIT"A"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF CJ c m E r U 16 a By Date © MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE Name Street Address City&State Packet Pg. 140 7.E.b EXHIBIT"A" LEGAL DESCRIPTION That portion of Lots 7, 14 and 15,Block 44,Rancho San Bernardino,as per map recorded in Book 7 of Maps,page 2, records of said County,described as follows: Commencing at a point in the South line of said Lot 15,distant 260.00 feet Westerly or the Southeast comer of said Lot 15;thence North 0°2 P 03"West,(recorded as North 9° 16'41"East)parallel with the East line of said Lot 15,31.15 feet to the North line of Monterey Street,as said street is described in a deed to the County of San Bernardino as per deed recorded in Book 4499,Page 162,Official Records of Said County,being the True Point of Beginning;thence North 0°21'03"West (recorded as North 00 16' 41"East)parallel with the East line of said Lot 15,269.79 feet to the South line of Fifth Street,thence South 89°58' 03"West,along said South line,a distance of 664.85 feet;thence South 00 07' 11"East,540.17 feet;thence North 89°54'43"East, 156.29 feet;thence South 00 23'37"East,60.30 feet to the North line of Fourth Street;thence South 89 052'09"East,208.53 feet along the North line of Fourth Street to the West line of Palm Lane,as said Palm Lane is described in a deed to the County of San Bernardino as per deed recorded in Book 4499,Page 165,Official Records of said County;thence North 00 19' 37"West,330.74 feet along said West line to the North line of said Monterey Street;thence North 89 053'41"East,302.03 feet along said North line to the TRUE POINT OF BEGINNING. m N C t0 L F U E E U C d E L U Q Packet Pg. 141