1997-0519_CAPISTRANO UNIFIED SCHOOL DISTRICT_Maintenance Agr for Jt Use of Acs Rd to E.S. RECORDING REQUESTED BY
EIR.4TAICRICJ1I11RUe IN81/IIMa0L11i1
1UIS HISINALD!if MR!
WHEN RECORDED MAIL TO:
UGS' 31 19ff
CITY OF SAN JUAN CAPISTRANO /99 X0553 aSl
32400 Paseo Adelanto Document No.
San Juan Capistrano, CA 92675 First American Title Insurance Co
Attn: Cindy Pendleton, Finance Director
Q-Z-3;?L:7�
g73'37x5-03 (Space above this line for Recorder's Use)
MAINTENANCE AGREEMENT FOR
JOINT USE OF ACCESS ROAD TO
ELEMENTARY SCHOOL 664640007 PARCEL
This Maintenance Agreement for joint use of an access road (the"Agreement") is made
this 19th day of May, 1997, by and between the CITY OF SAN JUAN CAPISTRANO
(hereinafter"City") and the CAPISTRANO UNIFIED SCHOOL DISTRICT (hereinafter
"District").
RECITALS:
WHEREAS, City and the San Juan Capistrano Community Redevelopment Agency have
entered into a purchase and sale agreement providing for the sale of certain land consisting of
approximately seven(7) acres, known as the Elementary School 664640007 Parcel, to District
(the"Parcel"); and
WHEREAS, City has constructed an access road, as more particularly shown on the site
plan, attached as Exhibit"A", and incorporated herein by reference, on a City-owned land area
known as the "Sports Park"; and
WHEREAS, City proposes to allow District to jointly use the access road to service future
District school operations on the Parcel; and
WHEREAS, this Agreement shall provide for the respective rights and obligations with
reapect to the joint use and maintenance of this access road;
NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DISTRICT AS
FOLLOWS:
1. Description and Use of Access Road.
The design, layout, and location of the access road is set forth in Exhibit"A". District
shall have full use of the access road 24 hours a day, 7 days a week for the purpose of providing
c:\wpw 60\wp"\cusd\Lusd=4.ye 0512"7
L C.
r
public access to its proposed school facilities. Ingress and egress locations from the access road
to the Parcel are set forth in Exhibit "A".
District agrees and understands that its employees, officials, guests, agents or its visiting
public shall not utilize the access road for parking purposes for any reason, unless previously
authorized by written permit from City. In that regard, District agrees to closely coordinate with
City when District intends to hold special events for the purpose of avoiding parking and
circulation congestion and conflicts.
2. Maintenance Qblicrations of Access Road.
City and District agree that each party shall share equally in the cost of routine
maintenance of the access road and street/parking lot lighting on an annual basis. City shall
maintain the access road either through its own work forces or through a maintenance contract
pursuant to its standard and customary bid practices.
Each year, prior to initiating maintenance activity for the access road, City shall notify
District of the anticipated cost of maintenance. District shall have the right to pre-approve the
proposed maintenance, but such approval shall not be unreasonably withheld by District.
A cost bill for one-half of the maintenance cost shall be sent to District on a quarterly
basis. District shall pay this maintenance cost bill within 30 days of receipt of the bill.
3. Damage and Repair.
The cost of damage and repair which is not a part of routine maintenance obligations shall
be borne by the responsible party causing such damage.
4. Liability and Insurance.
(a) Insurance.
City and District shall each separately carry comprehensive liability and property
damage insurance to cover liability exposures arising from each parties' performance of its rights
and obligations under this Agreement.
(b) Indemnification.
City shall indemnify, save, and defend District, its elected and appointed officials,
and employees harmless from and against any and all claims, demands, suits, actions or
proceedings of any kind or nature, for damages to property or injuries to or death of any persons
arising out of City's performance of its obligations under this Agreement.
:�wpw 6O\wpd=k,nca�.yeo -2- 05nsro7
District shall indemnify, save, and defend City, its elected and appointed officials, and
employees harmless from and against any and all claims, demands, suits, actions or proceedings of
any kind or nature, for damages to property or injuries to or death of any persons arising out of
District's performance of its obligations under this agreement.
5. Term and Termination.
This Agreement may not be canceled unless a material and substantial breach of contract
has been found to occur by a court of proper jurisdiction, or binding arbitration as agreed to by
the parties to this Agreement. Accordingly, this Agreement shall remain in full force and effect
until mutually terminated by District and City.
6. Resolution of Dis utes.
In the event of a dispute between the parties, City and District shall first formally meet and
confer regarding the matter. If the dispute cannot be resolved through a meet and confer session,
the matter will then be referred to non-binding mediation. If non-binding mediation is not
successful, the parties shall determine in writing whether binding arbitration is appropriate.
Thereafter,judicial remedies shall be available to resolve the dispute.
7. Attorney's Fees.
If a judicial action is required to resolve a dispute, the prevailing party shall be entitled to
reimbursement for reasonable attorney's fees and costs from the other party.
8. Notices.
Any notice required to be given under this Agreement shall be in writing and given by use
of first-class mail or by personal service. Service shall be considered given when personally
served on the party, or on the third day after deposit in the U.S. mail. The addresses of the
parties are:
City: District:
City of San Juan Capistrano Capistrano Unified School District
32400 Paseo Adelanto 32972 Calle Perfecto
San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675
carV-n6o\.pd—\a . .y- -3- 05/2"7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY:
CITY F SAN JUAN CAPISTRANO, a
Calif unicip orporation
B
:
4Ge rge car ough City ger
ATTEST:
Cheryl Johnsog Cit Jerk
APPROVED AS TO FORM:
Jo aw, City Attorney
DISTRICT:
CAPISTRANO UNIFIED SCHOOL
DISTRICT, a public agency
By: Q D
Jamei A. Fleming
Superintendent
ATTEST:
District Secretary
APPROVED AS TO FORM:
Douglas" . Yeo an
for Parker, Covert& Chidester
Special District Counsel
CAwp 'ui60Nwpd—kus&zusd—A.y- -4- 05/28/97
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On June 30, 1997 , before me, Cheryl Johnson
City Clerk, personally appeared George Scarborough
personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
(SEAL)
WITNESS my hand and official seal.
City Clerk
OPTIONAL
Capacity Claimed by Signer Description of Attached Document
Municipal Corporate Officer
Maintenance Aareement for JointUse of
Access Road to Elementary School
City Manaeer 664640007 Parcel
Title Title or Type of Document
Signer is Representing Nine
Number of Pages
City of San Juan Capistrano
May 19. 1997
Date of Document
James A. Fleming= CUSD
Signer(s)Other Than Named Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of 00_ 1 ' ru cc-
County��of nnor j P -
On mac �'�, ) q(1-7 before me, QQ LeE.Q <f7a1U�Z KJ 1,(U pahliC ,
DATE '' NAME,TITLE OF OFFICER-E.G.,"JANE DOE,N RY PUBLIC"
I_
personally appeared �`1amcs A . Fl : rn/s+
NAM FSIGNER(S)
❑ personally known to me - OR - 191proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
PAULA J.BOLZ capacity(ies), and that by his/her/their
COMM.;1027921 signature(s) on the instrument the person(s),
Notary Pub8c—Cclffomia 3
ORANGE COUNTY or the entity upon behalf of which the
QMy Comm. - - MAY 29.1998 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE QEAOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
r❑l INDIVIDUAL W)ajntu lain Oqv� >'1�,� yUr
Lu CORPORATE OFFICER-/ ��t (.(lLa. V� ��q �Oax_
vn ULtD-)C&nk TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL _ /Q
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR ,/,,
El OTHER: _ / �CLCC �q, CIE(' 7
— DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
®1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
kx{} '4 °A
Legal Description: Parcel B
That portion of the easterly 60 acres of Parcel "L"per map recorded in book 2,page 38 of
surveys in the county recorders office of Orange County,California in the city of San Juan
Capistrano, County of Orange,State of California,described as follows:
Beginning at a spike and washer at the southwest corner of said easterly 60 acres; thence
along the westerly line of said easterly 60 acres N Odeg.03'02"W 37.45' to a point 40.00'
north of the centerline of Camino del Avion; thence S 88deg.01'05"E 57.09' parallel with
said centerline to the TRUE POINT OF BEGINNING; thence N Ideg.59'58"E 17.51' to the
beginning of a curve concave westerly having a radius of 61.75'; thence northerly 30.28'
along said curve through a central angle of 28deg.05'27" to a non-tangent line; thence along
said line NI6deg.07'21"W 57.71' to the beginning of a non-tangent curve concave to the east
having a radius of 264.75'and to which beginning a radial line bears S63deg.53'58"W ;
thence northerly 120.37' along said curve through a central angle of 26deg.03'00'; thence N
Odeg.03'02"W 351.00' parallel with the westerly line of said easterly 60 acres to the
beginning of a curve concave southeasterly having a radius of 264.75'; thence northerly and
northeasterly 415.87' along said curve through a central angle of 90deg.00'00"to the
beginning of it reverse curve concave to the northwest having a radius of 235.25', a radial line
through said beginning of reverse curve bears S Odeg.03'02"E�,thence easterly and
northeasterly 288.80' through a central angle of 70deg.20'17'; thence N 19deg.36"41" E
104.91' to the beginning of a curve concave to the southeast having a radius of 264.75'; thence
northerly and northeasterly 328.34' along said curve through a central angle of
71deg.03'30"; thence S89deg.t9'49"E 1077.98'parallel with the northerly line of said Parcel
"L"to a point which is 33.00' west of the east line of said Parcel "L"; thence SOdeg.03'02"E
29.50' parallel with said east line; thence N89deg.19'49"W 1078.37' parallel with said
northerly line to the beginning of a curve concave southeasterly having a radius of 1.35.25';
thence westerly and southwesterly 291.76' along said curve through a central angle of
71 deg.03'30';'thence S 19deg.36'41"W 104.91' to the beginning of a curve concave
northwesterly having a radius of 264.75'; thence southwesterly 49.34' along said curve
through a central angle of 10deg.40'36"to the beginning of a reverse curve concave to the
east having a radius of 24.25'; thence southerly 34.91' along said reverse curve through a
central angle of 82deg.28'23"to the beginning of a non-tangent reverse curve concave to the
west having a radius of 37.75', a radial line through said beginning of reverse curve bears
N35deg.34'02"E; thence southerly 63.93' along said reverse curve through a central angle of
97deg.02'03"to the beginning of a compound curve concave northwesterly having a radius of
326.75'; thence southwesterly 46.82' along said curve through a central angle of
8deg12'34"; thence S39deg.11'21"E 13.00' to the beginning of a curve concave north and
northwesterly having a radius of 339.75', a radial hearing through said beginning of curve
bears S39deg1 P21"E; thence southwesterly and westerly 231.06' along said curve through a
central angle of 38deg.57'59" to the beginning of a reverse curve concave to the southeast
having a radius of 159.75', a radial line through said beginning of reverse curve bears N
Odeg.13'22"W; thence westerly and southwesterly 250.46' through a central angle of
89deg.49'40'; thence S Odeg.03'02"E 259.78';thence S89deg.56'58"W 77.00';thence S
Odeg.03'02"E 15.45' to the beginning of a curve concave easterly having a radius of 494.25';
thence southerly 141.53' along said curve through a central angle of 16deg.24'24" to a non-
tangent line; thence S24deg.07'10"E 94.15' to a non-tangent curve concave southwesterly
having a radius of 112.25',to which point a radial line bears N63deg.38'25"E;thence
southerly 55.37' along said curve through a central angle of 28deg.15'50"to a non-tangent
line;thence SIdeg.59'58"W 17.48' to a line which is 40.00'north of the centerline of Camino
del Avion; thence N 88deg.01'05"W 50.50' along said line to the TRUE POINT OF
BEGINNING.
Containing 3.43 acres more or less.
See Exhibit B attached hereto.
LAND
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PUBLIC HEARINGS
i1. JOINT PUBLIC HEARING WITH THE CONB4UNITY REDEVELQPNT
AGENCY - PROPOSED SECOND AND ANIENDRD AGREEMENT FOR
COOPERATION BETWEEN THE AGENCY/CITY AND THE CAPISTRANO
UNIFIED SCHOOL DISTRICT (600.50)
Proposal:
Consideration of a proposed Second Amended and Restated Agreement for Cooperation
between the City/Agency and the School District that would result in the following:
(1) The Agency will sell a 7-acre parcel located on a portion of the Kinoshita property
(Elementary School 664640007 Parcel)to the School District at a cost of$2.4 million
for the purpose of constructing a school facility. The 7-acre parcel is part of the
former 56-acre Kinoshita farm jointly owned by the City and the Agency. In order
to accomplish the sale the City and Agency will partition their undivided interests in
the farm site so that the Agency is sole owner of the site to be sold to the School
District.
(2) The School District will release the Agency from an existing obligation to construct
a pool, relocate buildings, and convey a 2.5-acre parcel to the School District.
(3) The School District will convey fee title for the Library Parcel to the City.
1 (4) The School District will lease Stone Field to the City at no cost for a term of 25 years,
with an option to renew.
(5) The existing tax increment sharing provisions of the original and First Amended
agreements will remain in place.
Applicants:
City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment
Agency, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Capistrano Unified School District, Attn: Dave Doomey, Asst. Superintendent, Facilities
Planning, 32972 Calle Perfecto, San Juan Capistrano, CA 92675
Written Communication:
Report dated April 15, 1997, from the Executive Director, advising that it had become
apparent that the total cost to complete the obligations set forth in the Agency/School District
Cooperation Agreement would exceed the Agency's tax increment resources and other assets;
further that priorities of both the School District and the Agency had changed. The Report
recommended approval of various documents that would revise the Agency and School
District obligations.
Exhibits were on display, and Mr. Scarborough made an oral presentation.
City Council Minutes -7- AA 5M
160.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following persons responded.
(1) Carl Goodwin, 32651 Deadwood Avenue, inquired whether the City had considered
the impacts of AB 1290 and/or the 1994 Redevelopment Reform Act on its ability to
make the proposed agreement, and whether the proposed agreement provided for tax
increment payments to the School District.
Mr. Scarborough stated that the proposed agreement between the Agency and the School
District met the provisions of AB 1290. He advised that the tax increment payments would
continue unchanged.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Approval of Real Property Partition Agreement:
It was moved by Council Member Greiner, seconded by Council Member Jones, and
unanimously carried that the Real Property Partition Agreement between the City and the
Agency be approved relating to the transfer and quitclaim of undivided interests in the former
Kinoshita farm site to provide for future development of an elementary school (Elementary
School 664640007 Parcel) on approximately 7 acres. The Mayor was authorized to execute
the Agreement on behalf of the City.
Approval of Second Amended and Restated Agreement for Cooperation:
It was moved by Council Member Greiner, seconded by Council Member Jones, and
unanimously carried that the Second Amended and Restated Agreement for Cooperation
between the City/Agency and the School District be approved:
(1) Conveying the fee title for the 7-acre elementary school site located on the Kinoshita
property to the School District;
(2) Releasing the Agency from its existing obligations to construct a pool, relocate
buildings, and convey a 2.5-acre parcel to the School District in exchange for the
return of the SERRA high school site, Stone Field, and related school buildings to the
School District,
(3) Conveying the fee title for the Library Parcel from the School District to the City;
(4) Providing for the School District to lease the Stone Field to the City at no cost for a
term of 25 years, with an option to renew, and
(5) Continuing the existing tax increment sharing provisions of the original and First
Amended agreements.
Pity Co...61 Minutes -8- 4,15/97
161
The City Manager/Executive Director was authorized to execute the final documents on
behalf of the City/Agency, as well as to make minor changes to the documents to ensure that
the transaction is completed in a timely manner.
RECESS AND RECONVENE
Coun 'l recessed at 8:12 p.m. to convene the San Juan Capistrano Community Redevelopment
4
Agency, nd reconvened at 8:15 p.m. as the City Council.
ADMINIS TIVE ITEMS
ENGINEERIN AND BUILDING SERVICES DIRECTOR
I. NOTICE O COMPLETION AND FINAL REPORT - I-5 FREEWAY
SOUNDWALL&AT SAN JUAN ELEMENTARY SCHOOL AND CASITAS
APISTRANO C NO. 120 PARSAN (600.30)
Written Communication:
Report dated April 15, 1997, om the Engineering and Building Director, recommending that
1) a Notice of Completion and final Report be approved for the construction of soundwalls
along I-5 at San Juan Element!
School and Casitas Capistrano, and 2) that the project
budget be increased by $5,000 to c er landscaping design costs for 1996-97.
Mr. Huber noted that staff was negot ting with the Transportation Corridor Agency
regarding landscaping of the soundwalls nd that the proposed budget increase for
landscaping may not be necessary.
Adoption of Resolution Accepting Work as Completed for I-5 Soundwalls:
It was moved by Council Member Jones, seconded b Council Member Greiner, that the
following Resolution be adopted:
RESOLUTION O 97-4-15-3 COMPLETION F I-5 FREEWAY
SOUNDWALLS AT SAN JUAN E EMEN AR HOOL AND
CASITAS CAPISTRANO PAR ANS CONSTR TI A
RESOLUTION OF THE CITY COUNCIL OF THE CITY SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORD, TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FO THE I-5
FREEWAY SOUNDWALLS AT SAN JUAN ELEMENTARY S HOOL
AND CASITAS CAPISTRANO (PARSANS CONSTRUCTION).
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
('ity t'ounv-il Minutes -9- 4!!5197
.62 . 0
The Resolution accepted the work as complete in the amount of$263,015.35 and directed
the City Clerk to forward a Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of$26,301.53 thirty-five (35) days
after recording the Notice of Completion.
Authorization to Increase Project Budd:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the project budget be increased by $5,000—from $231,911 to
$305,000—from Systems Development Fund to cover 1996-97 costs, with funds to be
borrowed from the Sewer Fund.
COMMUNITY SERVICES DIRECTOR
1. PRELRvHNARY ANALYSIS OF PROPOSAL BY THE BOYS AND GIRLS CLUB
FOR DEVELOPING YOUTH SERVICES FACILITIES AT THE SAN JUAN
CAPISTRANO COMMUNITY CENTER(210.40)
Written Communication:
Report dated April 15, 1997, from the Community Services Director, advising that on
February 18, 1997, staff had been directed to address the feasibility of the proposal from the
Boys and Girls Club to develop a youth services facility at the Community Center site. The
Report provided an analysis of the following issues: (1) modifications to the existing building
program; (2) potential affects on open space bond funds; (3) parking needs; (4) a search to
locate other facilities that provide both seniors and youth programs; and, (5) a recommended
review and approval schedule.
Public Comments:
(1) Ken Friess, 31506 Paseo Christina, expressed appreciation to staff for their work in
identifying issues that need consideration in making this a viable project. He
recommended that in developing the Memorandum of Understanding consideration
be given to the City maintaining a level of control and addressing the operation of the
youth facilities in the event the Boys and Girls Club was unable to continue as the
operating agency. He stated that the facilities' long-term viability was an important
issue to clarify with potential investors.
Authorization to Staff:
It was moved by Council Member Hart, seconded by Council Member Greiner, and
unanimously carried that staff be directed to:
(1) Approve the initial findings regarding the proposal submitted by the Boys and Girls
Club to develop youth services facilities at the San Juan Capistrano Community
Center,
(2) Complete an analysis of the proposal and process a Community Center Development
Plan, to include a workshop and review by City commissions;
City Council Minutes -10. 4/15/97