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HomeMy WebLinkAboutOCEAN VIEW SCHOOL DIST Joint Use agrmt - Oak View School Nichols/Oak exp 6/89 1974 - 1974-05-28 . 0 AGREEMENT FOR EXCHANGE OF REAL PROPERTY - OAK VIEW PARK IS AGREEMENT is made and entered into this day of 1982 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as "CITY," and THE OCEAN VIEW SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT. " The CITY agrees to convey to DISTRICT the property described herein under Exhibit "A" and DISTRICT agrees to convey to CITY the property described in Exhibit "B" . On the basis of competent appraisals the parties find that the parcels to be conveyed and exchanged are substantially equal in value. NOW, THEREFORE, the parties agree as follows : (a) DISTRICT shall execute and deliver a grant deed in a form satisfactory to CITY, conveying the property described in Exhibit "B" to CITY. (b) CITY shall deliver a grant deed satisfactory in form to DISTRICT conveying the property described in Exhibit "A" to DISTRICT. (c) Simultaneously with delivery of the grant deed to CITY, DISTRICT shall provide to CITY a standard California Land Title Association policy of title insurance covering the property described in Exhibit "B" ; and CITY, simultaneously with delivering RCS : bb 9/22/82 grant deed to DISTRICT, shall provide DISTRICT with the same type of policy of title insurance for the property described in Exhibit "A" . (d) Time for performance shall be within thirty (30) days after notice of written approval by the Department of Housing and Urban Development to the transfer of interest to the property described in Exhibit "B" and release of its restriction on the property described in Exhibit "A" . This agreement is subject to release by the Department of Housing and Urban Development of all interest in the property described in Exhibit "A" . (e) Taxes, if any, shall be prorated as of the date of recordation of conveyances . (f) The parties agree that either the County Counsel of the County of Orange or the City Attorney of the -City of Huntington Beach may act without liability as escrow holder to hold and record deeds in accordance with this agreement . The parties alternatively agree that the title company issuing the title insurance policies referenced in (c) above may act as escrow holder to record deeds at the time insurance policies are issued. (REST OF PAGE NOT USED) - 2 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through th6ir authorized officers the day, month and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation ATTEST: Mayor APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED : ` City Attorney J Adminis rator INITIATED AND APPROVED AS TO CONTENT: i BOARD OF TRUSTEES OF OCEAN �D to , 00rhrfiunity Services VIEW SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA By , President, Board of Trustees By ' JU ,& erk, and of Tru tees - 3 - EXHIBIT A The south 330 . 00 feet of the north 990 . 00 feet of the east 310 . 00 feet of the west 330. 00 feet of the Northwest Quarter of the Northeast Quarter of Section 26, Township 5 South, Range 11 West, as shown on a map recorded in Book 51, Page 13 , Miscellaneous Maps, Records of Orange County. Said area comprising 102, 300 square feet . /0.2.43000 @ POP E 112, IV W 2,5, 2'5 5, R W m- 37 38 165-28 LANE OAK 77�AC7 17 • zl� C2 06 ol C7) -I 18 60 18 �j �17, •16, -1 •15 141 12' .10 1 40 1 20 lz 21 5 EMERALD C\j 3�326 I ti 372-, 10 • 9. c\j '12, 3 4,' 4 35 -'C 336' 5 TPEE r IVICHOI S VARCH 1951 TR NO 5 326 14 44 9 0 7,9 36 .3- EXHIBIT B The north 430 . 00 feet of the south 1O90. 00 feet of the east 460 . 00 feet of the east half of the South- west Quarter of the Northeast Quarter of Section 26, Township 5 South, Range 11 West , as shown on a map recorded in Book 51 , Page 13, Miscellaneous Maps, Records of Orange County. Said area comprising 1103825 square feet . Excepting therefrom the north 330 . 00 feet of the west 263 . 56 feet. /to, 82.5 NE//4, 5.W//4,/VE.114,5EC26, T55, Rl/W 16s-24 I 2 2 loo'�0 23 —f 04K LANE = ALLEY t —y iAN£ 430, --- — AHLEr :: W 1 t6 i7 /6 h' , �. rR cr Q ` 0 z O 0= O� 2 o w ! y ✓ACOUELYN LANE 336 - O 13 14 IS 16 17 18' ? R. S. 20- 76 5 43 1 21 2 M II 241 i ALLEY N7409/ t` 9.70AC. J /0 i0' 9 f1 6 7 6 3 4 3 w *s.•: OAK %lfA' ELEMEN7ARr SCHOOL - TR T OAK VJEW SCHOOL PARK jl 0 30 29 28. 27 26 25 24 23 22 x DA/RYV/EW C/RCL E 32 33 34 35 10 2 2 40 NC 8 3 / cc /1 •e t3 •• %� oo i3• /6 17 '9 /9•t:,'�� H NICHOLS N .; 9 ^ 5TREET lil - 34 WARCH ,976 TRACT :YC. 409/ W. M. /74 - /0, // ' NCTE-ASSESS• 5 BUCK a ASSESS�:N'S 1/.:P TRACT NO 87C3 M M 369- 39, 40 PARCEL .SJUBERS BOOK 165 ?ASE 24 S.Kwv ;N C,RCLES CJUvTY CF CR4NGE r. Gi J0I14T DEVELOPMENT - COMMUNITY RECREATION AGREEMENT ov C"I x THIS AGREEMENT, hereinafter called Joint Development - 2 Community Recreation Agreement, between the CITY OF Huntinfaon JReach , California, a municipal corporation, herein- after called "CITY" and the Ocean View ;{ School District, hereinafter called the "DISTRICT" , 6 W I T N E S S E T H 7 WHEREAS , DISTRICT owns the property known as the _ 0 Oak View School located at 17241 Oak Lane , 9i in the City of Huntington Reach 10� California, on which an elementary school is located, and 1 11 CITY desires to use a portion of the aforesaid property 12 from which to conduct a neighborhood park and recreational pro- 13 gram, and 14 It is in the best interests of CITY and DISTRICT that 1S! an agreement be entered into for -the use of a portion of said 16 Oa-k View School property for park and recreational 17 purposes as hereinafter set Tooth; 1S NOW, THEREFORE , CITY and DISTRICT agree as follows : 19 1 . That subject to conditions set forth, CITY is he7:,e- 20 by granted the right to use the hereinafter described portion of 21 Oak View 'School property for park and recreational 22 purposes . The said portion of property of Oak View School 23 is as set forth on the map attached hereto, marked 24 Exhibit "A" and by this reference made a part hereof. 25 2 . This agreement shall be for a period of fifteen 26 (15) years , commencing 'on the date this document is fully exe- 27 cuted by all. parties . At the end of fifteen (15) years , by ' y be extended. 28 1 mutual agreement, this agrecment r na 29 3. CITY shall not be required to pay any fees- or 1 30 other charges for. its use of the site. The consideration to >II DISTRICT shall be the operation of facilities and the providing. j— XXxY.X'l.}:isXXXXX3h}:XY,X}:X:{xX::XXXXXY.XXXXXXXXi{XY.Y.X:{iCXX}:Y.Xi{XY.XXXXXx:{Y.::i:4;}, i 1� i R 1 by CITY of recreational Services to the citizens of CITY and DISTRICT. 4 , CITY and DISTRICTshall work jointly in the plan- 4 ni.ng of -the programs to insure that the property and recreation 5 program used are developed to the best interest of both parties . 6 5 . CITY agrees , prior -to any construction or planning 7 of proposed facilities , on a portion of DISTRICT' S site , to con- 8 cult with DISTRICT on all schedules . Use of the. DISTRICTS S 9 property shall begin at a time when funds become available and 10 will not interfere with the educational processes of DISTRICT . ill CITY agrees to pay all costs of facilities placed On the s=i -e to 12i be used for park purposes , and to repair any damag -to D:I-STR.ZCT' S 13j sprinkler system, playground equipment and/or other. DISTRICT 14 facilities or equipment , caused by reason of CITY occ:.upy--i-rg. site . 151 CITY agrees to consult with DISTRICT as to the type and pecifi- 161 cations of equipment and facilities to be placed on said site... 17 Any permanent and/or portable buildings constructed by CITY shall Ilu meet all standards required by the Education Code . Their loca- 19 Lion and design is subject -to approval_ by DISTRICT. 20 6 . CITY shall have the responsibility for the 21 efficient operation of a jointly-approved program. TIie faci_l- 22 i-ties shall_ be. open on equal terms to all residents of CITY and 23 DISTRICT. Use of the facilities by DISTRICT shall. be without 21., fee , and any operating expenses will be borne by CITY . 25 7 . CITY agrees that .it will maintain at its cost , the 26 immediate area around per. marien-t .and or portable facilities in an 27 attractive manner as approved by DISTRICT , and will use all 28 approved methods necessary -to zich.ieve and maintain said site so 29 as to be art asset -to the neighborhood . That portion of all 30I CITY shall be paid b CITY . uti.lit�_c., u�E�d by C. 1 1 Y it 8 . I CITY sA all saveri and hold DISTRICT harmless from 32 any or all c1a17R: CiY cau CS of act-ion for injury -to person.1 , -?- I I' 1 i including death, or damage to property resulting from or which 2 may arise by reason of any dangerous or defective condition of equipment or other, improvements installed or constructed by CITY 4 on property owned by DISTRICT, or a failure to maintain said 5 cquipment and improvements installed or constructed by CITY in a G safe condi'ti-or: or which might arise from activities supervised by 7 employees of CITY . To insure against the above liability , CITY 0 shall maintain at all times a liability insurance policy or 9 { policies which insure -t:hesc particular risks . initially , this 1 10 liability policy or policies shall be not less than One Million 11 Dollars 01 , 000 , 000 . 00) . The adequacy of this 'amount shall be 12 review el every five ( 5) years . DISTRICT shall save and hold CITY 13 harmless"!less from any or all claims ors causes o1 ac-1.-ion for injury to A persons , including death, or damage to property resulting from or 51 which may arise by reason of any dangerous or defective condition 1611 e , improvementsf � r by I� 1�1: �7 illii `it�'2"+_: iJi other installed 7 v_ constructed ti=Ci 17 DISTRICT on property owned by DISTRICT , or a failure to maintain 1.8 said equipment and improvements installed o:r . cons t_ruci.eed by 19 DISTRICT in a safe condition or which migh,_ arise from activities 20 supervised by employees of DISTRICT. 21 9 . This JoJ_n-t Development - Community Recreation 22 Agreement may be terminated by either party at any time and for 23 any reason upon 180 days ' written notice to the other , termina- A Lion to be affective June 30 of a fiscal year. If DISTRICT 25 desires to exercise its right to- terminate this agreement , 26 DISTRICT<1CT shall reimburse CITY for prI rmancnt improvements placed 27 on- the site by CITY ir. an amount equal to the depreciated value 28 of said improvements as of 'the date the cancellation is to be 29 effective . In the event the parties cannot agree upon the do-- 30 preciated value of the i.mpr-•ovements , such value will. be deter•. 'r mined by an appraiser appointed by , and sati:,factory 12 I� to , DI TI:IC'r and CITY . The expense of such appraisal shall be ;t i 1 borne equally by both part.ies . In -the event the parties shall not 2 agree upon said appraiser, the presiding judge of the Superior 3 Court for the State of California , County of Orange , shall appoint 4 "-he- appraiser. 5 In the event CITY chooses -to exercise its might to 6 terminate this agreement , all improvements placed on the site 7 shall become the property of DISTRICT without the necessity of formal documentation of transfer. Should DISTRICT not want such 9I improvements , CITY shall remove said improvemen.t.-s within six (6) 10 months or less and return the site to its origi.na.l. condition 11 insofar as possible . Upon any cancellation of thi..s agreement , 121 CI-I'Y shall remove all personal property belonging to CITY. 13I CITY' S liability insurance shall be written to cover any cancella 1�; tion period until buildings are removed or title is received by 15 DISTRICT. 16 10 . All structures constructed on the site and all 171 personal property placed or installed thereon by CITY and owned 1S by CITY shall remain the property of CITY. At the termination 19 of this agreement, CITY shall remove from the site all. structures 20 and personal property belonging to CITY and shall. return the site 21 to its original. condition insofar as possible unless D:!:STRICT 22 indicates its desire , within thirty ( 30 ) days after such termina- 23 tion , to assume title 'to such improvements , in which case title 21: thereto shall vest in DISTRICT without the necessity of formal 25 documentation of transfer. 26 11. DISTRICT reserves the right to establish the hours '7I of use in case a conflict arises between the community recreation 28 program and ' the educational program of DISTRICT . 29 12 . If the site or improvements thereon are destroyed 30 by fire , war, earthquake , flood , storm or other casualty beyond 31 the control of the parties hereto to such an extent that they J2 cannot be r. es-tored -'.-o their previous condition within 120 d.ayt; r lI after the casualty , CITY shall have the option to restore the site 2 and improvements thereon to their condition as of the date of the casualty . In the event CITY does not elect to perform such resto- ration , this agreemen I t shall terminate and CITY shall remove all 5 improvei-Iients and personal property from the site and return the 6 site to its original condition , unless otherwise mutually agreed . 7 If -Lh(:, site and improvements are destroyed by any of the causes enumerated above and in the event they can be restored within 120, 9 days after -Lhe casualty, CITY shall restore them as soon as feasi- ]I ble and the agreement shall continue in full force and effect . 11 IN WITNESS WHEREOF, CITY , by order of . its City Council , 12 has caused this Joint Development - Community Recreation Agreement 13 to be executed on its behalf by the Mayor of said Ci..-,:y Council 14 and attested by the Clerk thereof , and DISTRICT has caused this 15 Joint Development Community Recreation Agree-iient to be executed , 16 by -its, P-,(-)ard of Trustees . 17 DATED this D'a day of 1974 . CITY OF HUNTINGTON BEAC11-1 , CALIFORNIA a municip-A corporation bym-141 20 y o 21 A'TT_7 1 T.: 22 City Clerk 23 D AS TO FORR: 21 I E,1) A S 0 25 ty ncy -M t T t 26 DATI this (lay of 1974 . 27 OCEAN VIMT, �CIIIOOL DISTRICT OF OIZA14GE C L I FO T IA 28 by 29 r e i i-L bo rd f Trustecs lf) 30 by e C`rc_�r I;, 13 o a i,d,/(:)1 T r u soc e s APPROVED AS TO FORM: by Mebber, Board-of TruUtee s,/ by em er, Board e by WAY, BAN of Trustees -5- `•i� I ,. ��I ,4f b I •' � � E . �I'. .. � ..t...---....-•'��i_r....-"-:=-.-"s,�-:-=:t-:�_.c:.�q....�,.<,.,.._�a,r...a-..+...®•ws•--""'6 ;I,�- '\.- ^ '�� {J wY*CJL:Sc"'d'�.-..T<!'FaFSr.SI.^f$;'Vr,..+ +� � �I -' s r••. - 1• CL�h I ' _ c� •? -.-_s,g_'�.tee 1` I t 0 • i �-�r -_ ,dt t` \ ate,, i .Z{ � \., � j"�- � i� "_.'.-:� _=5O_��-' _--- �I � ; - r� 1`f 2 1 1 - 1 _ -/ .�' i- ,�. �.•� fir; •• ,(`.ice � � �\-c., � 4.i ,.,.r..^.., ♦:..may.,._.�,..- 1 ..�\\��. , 4 3 '� .ice. ��" 'a —I- I I' "._...1-•_.:- -----':__�• �._' �I b I May--29, 1974 . .. 'Dr 4ta_ 1ph 'H Bauer Ocean View School bistiict t, 7972 >Warner Ave - Huntington-Beach,. CA 92647. Dear-Dr. Bauer: Z'he.:City Council of.. the.City of Huntington'Beach, :at ,its regular-meeting•held-Monday, May 20 i.;1974, approved the = .' Josnt:-Powers. Agreement to;-deyelo ,a�hei, hborho-oa_p- g park 'arid program. on' Oak ,Vie�i._Sdtiool and .author. Zed execution;by the imayor =and' City Clerk.-of, said` agreement. - Enclosed. are, ztwo (2) cops©s o the executed agreement 'for your records S i.nce rely, Alicia M.- Wentworth - : .. Czty,Clerk; . .AMW:to ,.Ends: 2; Y 1 I• CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Mn. David Row.E?andz From Mn. Nonm Witthy, Ditecton City Adrhinistnaton Recreation 8 Pa,,Lkz Depantment Subject Joint-powenz ag.neementz with Date May 8, Z974 Ocean View Schoo.2 Dizttict to develop neigh.bonhood packs and pnognams on Oak View, PZeasant View, and Robinwood SchooZz The attached joint-power agneementz have been approved by the -Ocean View School Dizttict. P.2eaze zign aZ.E? copiez aiten City Council authotization on May 20 and netunn two otigina.2a to the Ocean View Schoo.2 Dizttict. Nonm Glom y, tined on NW:ac Recreation and Patkz Depantment Attachments MAY 13 1974 CITY OF HUNTINGTON BEACI.1 ADMINISTRATIVE OFFICE tt EnVIROnMEnTAL REVIEW BOARD j CITY OF HUNTINGT H•CALI IA m P.O. BOX I" �� r3 TO: Dept. of Public Works FROM: Environmental Review Board DATE: April 30, 1974 SUBJECT: Exemption Declaration 74-61 {Proposal for the relocation of a trailer to the Oak View School/Park site At its meeting of April 30, 1974 , the Environmental Review Board determined that the relocation of this trailer would be categorically exempt under the revised State guidelines, Section 15111 - Class 11 "accessory structures. " James W. Palin, Secretary Environmental Review Board JWP:df CT MAY U � 1974 CJTY OF "0Nf VGTOjV 8E4Ct! ADflgJry1STRAT1VE OFF.