HomeMy WebLinkAboutRANCH SANTIAGO COMMUNITY COLLEGE DISTRICT - 1985-05-06 A
CITY OF HUNTINGTON
2COO MAIN STREET CALIFORNIA 92548
OFFICE OF THE CITY CLERK
I
June 11, 1985
Dr. Robert Matthew
Rancho Santiago Community College District
17th at Bristol Street
Santa Ana, CA 92701
The City Council of the City of Huntington Beach at its regular meeting
held Monday May 6. 1985, approved an Agreement for Lease of Land and
Construction of Equipment Storage Facility between the City and the
Rat.cho Santiago Community College District.
Enclosed is a duly executed copy of said aqreement for your records
together with a copy of the Certificate of Insurance form which
the District filed.
I
Alicia M. Wentworth
City Clerk
AMW:CB:js
Enclosure
cc: Virginia Mason, Fire Department
Wayne Lee, Finance
}y (Telephone:754536.52271
R�Ql1�� �� �I o Y COUNCIL TION
Date April 29, 1985
Submitted to: Honorable Mayor and City Council
A C;.
1? GT%L�'+; L
Submitted by: Cherles W. Th,,mpson, City Admin' trator
I�RC?'V'LrT)i3�' CII��.'
P-apared by: Raymond C. Picard, Fire Ch�f� � _ "'-1v`•'•"-
LAND LEASE AND FIRE STRAGE FACILITY+ -1 �IJIPg'P"7�tt3 IF�JII\1G ENTER
Subject: .. t��k�Lrxx r
Consistent with Council Policy? [ ) Yes New Policy or Exception
_Statement of Issue, Recommendation,Analysis, Funding Sourco,Alternative Actions,Attachments: ;
ISSUE:
Boti, the Huntington Beach Fire Department and the Rancho Santiago Community College District
desire to enter into an agreement for the building of a 4,000 square foot storage facility at the
Joint Powers Training Center for the purpose of storing college, Net Six and Huntington Beach fire
equipment and apparatus.
RECOMMENDATION:
Approve a 20 year lease agreement between the City and the Rancho Santiago C-Immunity College
District allowing joint use and facility construction by district.
ANALYSIS:
The Rancho Santiago Community College District currently, under contract with Net Six, rents
classroom space and conducts vocational education, training and testing for future and current fire
service personnel.
This vocational training provides governmental agencies with a high quality trained manpower
cadre for employment and career advancement. Cost savings to the City are substantial and the
efficiency of the process significant.
Much of the District's fire training is conducted at the Net Six Training Center because of its
functional design and fire service association. The District has a fleet of fire apparatus and
equipment at the Joint Powers Training; Center which rapidly deteriorates because of open storage
and is in need of covered protective storage. Net Six and Huntington Beach also have equipment in
need of protective storage.
Since all parties have a pressing ad to protect the longevity and safety of their fire apparatus
and equipment it has been agreed that if the City of Huntington Beach, who owns the land, would
lease 4,000 square feet of said land to the District for a 20 year period the District will build a
building fcc mutual storage and give the building to the City at ''he end of 20 years or sooner if
abandoned.
Consideration for one quarter use of the .storage facility by City would be a 25% reduced classroom
rental fee ror the first 5 years of the lease.
FUNDING SOURCE:
The City will budget maintenance monies, expected to average less than $300 per year, through the
regular Net Six budgetary process. All monies will be from rental fees and none from city Lax
dollars. District will provide all construction funds and insurance.
ALTERNATIVE ACTIONS:
Refuse to enter into the mutual agreement and continue to operate as we have in the past.
ATTACHMEI ITS:
Agreement foe lease of land and construction of equipment storage facility. 2692f/sr
Pie 4/84
4. . 7„
�JCITY OF HUNTINGTON
ram' 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
May 8, 1985
Dr. Robert Matthew
Rancho Santiago Community College District
17th at Bristol Street
Santa Ana, CA 92701
f
The City Council. nf -the City of Huntington beach at its regular meeting
held Monday, May 6, 1985, approved an Agreement for Lease of Land and
Construction of Equipment Storage Facility between the City and the
Rancho Santiago Community College District.
Enclosed is the original agreement for the District's signature.
Also enclosed is a Certificate of Insurance form which must bl completed
by the District pursuant to the agreement.
Please return the signed agreement and the completed Insurance certiFicate
as soon as possible. A fully executed copy will be Forwarded to you.
Alicia M. Wentworth
City Clerk
AMW:CB:js
Enclosure
(Telephone:714-536-5227)
AGREEMENT FOR LEASE OF LAND AND CONSTRUCTION OF
EQUIPMENT STORAGE FACILITY BY A?Ln BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
THIS AGREEMENT is made and entered into this day
of 198 5 by and between THE CITY of
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY, " and RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT, hereinafter referred to as "DISTRICT."
WHEREAS, CITY is the owner of certain real property in the
County of Orange, more particularly described in Exhibit "A"
attached hereto and made a part hereof (hereinafter referred to as
"SITE", consisting of one parcel designated as the storage
facility site) ; and
CITY and DISTRICT have caused to be prepared plans and
specifications for the construction of a storage facility, herein
"PROJECT", to be erected on SITE; and
DISTRICT intends to construct PROJECT;
NOW, THEREFORE, in consideration of the performance of the r
mutual promises and Agreements herein contained at the time and in
the manner specified, the parties hereto agree as follows
1. GROUND LEASE
For and in consideration of the sum of one dollar
(tl.00) rental, the receipt whereof is hereby acknowledged, CITY
hereby leases SITE to DISTRICT for a term commencing on the date
i
1
of execution hereof and ending at the end of the term of the
sublease to the CITY set forth in Section 4 herein, unless earlier
ended as hereinafter provided.
At the end of the term of this ground lease, or upon
any earlier termination thereof, PROJECT shall become the property
�. CITY.
2. CONSTRUCTION OF PROJECT
CITY shall deliver possession of SITE to DISTRICT
upon execution of this agreement. DISTRICT shall proceed with
diligence to let a contract or contracts for the construction of
PROJECT. Any contractor or contractors employed by DISTRICT shall
be licensed under the laws of the State of California. All work,
construction, and materials furnished to be used in PROJECT shall
be in accordance with the plans and specificat .o%is. Construction
of PROJECT shall be completed within ninety (90) working, days from
the date: of the parties ' mutual approval of the plans and
specifications. The completion date may be extended by CITY for a
period not to exceed sixi ;r (60) additional days. Ii PROJECT is
not completed within the time limit, or any extension thereof,
this Agreement may be terminated by CITY. Upon such termination
DISTRICT shall restore the premises to their original condition.
CITY may elect to take title to PROJECT in its uncompleted state.
CITY' shall. give DISTRICT thirty (30) days written notice of its
intention to terminate under this section.
3. PLANS AND SPECIFICATIONS
CITY and DISTRICT shall, prior to the construction of
PROJECT, agree to the plans and specifications of said PROJECT.
2 -
11 d
In the event that CITY and DISTRICT fail to reach such agreement
within ninety (90) days of the date of execution of this contract,
this agreement may be terminated by CITY. DISTRICT'shall use said
plans and .specifications in the performance of the work of con-
structing PROJECT. CITY shall provide all survey and inspection
services and testing of . » '. required for said construction.
4. SUBLEASE TO CITY - TERM
DISTRICT hereby subleases to CITY, and CITY hereby
accepts and rents from DISTRICT, SITE as improved by construction
of PROJECT. The term of sublease shall commence when PROD` P is
complete. The term of the sublease to CITY shall end teaen � (20)
years after commencement of said term of sublease, unless it ends
earlier as hereinafter provided. For the period commencing on the
date on which PROJECT is complete and notice thereof has been
served on CITY, CITY hereby sub-sub-lets to DISTRICT three (3)
storage bays in the PROJECT. DISTRICT agrees that said storage
bays will be to store DISTRICT'S fire training equipment and for
no other purpose.
CITY further agrees that, in consideration for this
sublease, any classroom and drillground rental fees currently
payable to CITY by DISTRICT under any existing agreements between
CITY and DISTRICT regarding DISTRICT'S use of CITY'S fire training
facilities shall be reduced by twenty-five percent (25%) for the
fiscal years 1986 through 1990.
3
5. INSURANCE
In addition to DISTRICT'S agreement to :indemnify
CITY, DISTRICT shall furnish to CITY, and maintain in force for
the duration., of this Agreement, a policy of general liability
insurance (including automotive liability) in which CITY is named
as an additional insured. The policy shall indemnify CITY, its
officers, and employees, while acting wi b n the scope of their
duties, against any and all claims arising out of or in connection
with PROJECT and its operations. The policy shall provide
coverage in not less than toe fallowing amounts: combined single
limit bodily injury and/or property damage of Three Hundred
Thousand Dollars (t300,000) Der occurrence. A certificate of all
such insurance policies required by this Agreement shall be
delivered to the City Attorney prior to the commencement of
services pursuant to this Agreement and shall be approved by her
in writing. No such insurance shall be cancelled or modified
without thirty (30) days' prior written notice to CITY. DISTRICT
will pay premiums. DISTRICT will investigate and furnish CITY
with full reports as to all accidents, claims, and potential
claims for damage relating to PROJECT, and will cooperate with
CITY'S insurers in connection therewith.
6. CHANGES IN PLANS AND SPECIFICATION
No changes shall be made in the plans and
specifications as finally approved by CITY unless such changes
have the prior approval, in writing, by CITY.
4 _
7. CHANGES AFTER COMPLETION
CITY shall not make any charges or alterations in
PROJECT as completed and shay. not make any additions thereto
except with the prior written consent of DISTRICT. CITY may,
without obtaining DISTRICT'S prior or subsequent consent,
temporarily affix personal *property to PROJECT, provided CITY
shall restore premises upon removal thereof,
8. TITLE TO PROPERTY
Title to SITE shall reu,ain in CITY, subject to the
terms and conditions of this lease and sublease. Ownership of
PROJECT and all fixtures, equipment and apparatus attached to
PROJECT by DISTRICT shall remain in DISTRICT during the term of
this lease and sublease and shall vest in CITY at the end of this
term. Ownership of all personal property, fixtures and equipment
placed in PROJECT by CITY shall remain in CITY.
9. UTILITIES MANAGEMENT, OPERATION AND MAINTENANCE
DISTRICT shall provide and install all electrical
fixtures, which shall meet specifications agreed upon by CITY and
DISTRICT (Section 3) . Electrical fixt�lres shall provide for a
combined maximum usage rate of no more than two thousand (2,000)
watts of energy. CITY shall furnish in conjunction with its right
hereunder to occupy and use PROJECT, the source of electrical
power to the point of connection, with a maximum capacity of
thirty (30) amps, which shall be located at the existing
electrical panel in the central tower of the fire training
`r facility_ CITY shall provide all ele-Frical power needed for
- 5 -
construction and operation of PROJECT, consistent with the plans
and specifications.
CITY shall have the option to maintain PROJECT in
good repair and working order. DISTRICT and CITY agree that
DISTRICT shall be responsible for maintaining the interior of the
three storage bays used by DISTRICT, and DISTRICT further agrees
to repair within a reasonable time any damage to PROJECT caused by
the acts of DISTRICT.
10. INDEMNIFICATION, HOLD HARMLESS, DEFENSE
DISTRICT shall defend, indemnify, save and hold
harmless CITY, its officers, agents and employees from and against
all claims, demands, loss or liability of any kind or nature which
CITY may sustain or incur or which may be imposed upon it as a
result of, arising out of, or in any manner connected with the use
of the leased premises by DISTRICT, its officers, agents,
employees or invitees, herein as DISTRICT, and which arise from
the sole negligence of DISTRICT.
DISTRICT shall be required to defend any action
brought againist CITY when it is alleged that any cause or causes
of action arose out of the aforesaid use of premises by DISTRICT
and the combined active or passive negligence of CITY and
DISTRICT, however, DISTRICT shall not be required to indemnify or
save and hold harmless CITY for any award of damages arising out
of either the active or passive negligence of CITY or CITY'S share
of any concurrent or joint negligence award against both CITY and
6 -
DISTRICT. CITY may enter into any action brought ag--,inst CITY and
DISTRICT and provide for their own defense without any rights to
reimbursement for cost of defense from DISTRICT. In the event a
final judgement is entered against CITY and DISTRICT because of
the concurrent or joint negligence of CITY and DISTRICT and the
parties defendant cannot agree as to an apportionment of the
damages, an apportionment of liability to pay such judgement may
be requested of the court in which the judgement was rendered but
in no case shall a jury apportionment be demanded or requested.
11. ZONING AND DESIGN APPROVAL
DISTRICT shall be responsible for meeting all zoning
and building requirements of the City of Huntington Beach and
other applicable state and local agencies for the duration of this
lease agreement. It is understood by DISTRICT that the Huntington
Beach Planning Commission, Board of Zoning Adjustments, Design
Review Board, or the Huntington Beach City Council approval of
PROJECT'S plans elevation and SITE may be required prior to
construction of PROJECT.
12� NOTICES
Notices to either party shal? be deemed delivered
twenty-four (24) hours after posting in the United States Mail
Service, addressed as follows:
TO CITY: TO ;DISTRICT:
Raymond Picard Dr. Robert Matthew
Fire Chief Rancho Santiago Community
City of Huntington Beach College District
2000 Main Street 17th at Bristol
Huntington Beach, CA 92648 Santa Ana., CA 92706
7 .
y
13. TERMINATION
In th` event that DISTRICT abandons PROJECT, either
voluntarily or involuntarily, by failing to utilize the three (3)
storage bays designated by CITY for DISTRICT'S use, for a period
exceeding six (6) months, title to PROJECT shall vest in CITY.
The parties may otherwise terminate the agreement by mutual
consent upon giving thirty (30) days ' notice. Title to PROJECT
shall vest in CITY upon termination.
14. ENTIRETY
The foregoing represents the entire agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
F_greement to be executed by and through their authorized officers
the day, month and year first above written.
CITY OF HUNTINGTON BEACH
a 'municipal corporation
M—ayyJor
ATTEST: APPROVED AS TO
IPPRK
City Clerk G`wh*S Cit/yJ`Attorney
REVIEWED AND APPROVED: INITIATED Ai1D APPROVED.
City AdminstLator ire
8
RANCHO SANT IAGO CO KMUNIZ y
COLLEGE DISTRICT:
By _ Byi _
Signature ignl ure
Vice a ceor
Business/Fiscal Services
— (Name and Title) (Name and Title
Board approved: January 22, 1985
03/06/85
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u e y ISSUE DATE(MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
Arthur J . Gallagher & C O. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
21600 Oxnard St . , #560
Woodland Hills , CA 91 367 COMPANIES AFFORDING COVERAGE
LEO�RNY A Balboa Insurance Company
COMPANY
INSURED SETTER �
Santa Ana College LETTER
1 7 t h at Bristol COMPANY
Santa Ana , CA 92706 LETTER
COMPANY
LETTER
AIRFRf.
THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TEFIM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,EXCLUSIONS,,WD CONDI-
TIONS OF SUCH POl ICIES.
A4T r ESFEcr vE PDL';v ErPIRAriDti LIABILITY I T ABILITY LIMITS IN THOUSANDS
TYPF.OF INSURANCE P(lr ICY IdUMOER IRWIIYY, DALE.te6 WNW, EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY T A^ BODILY
X COMPREHENSIVE FORM INJURY $ $
A X PREMISES/OPERATIONS PROPERT
UNDERGROUND $4—J B A 01 —7 6 7/1 /8 4 7/1 /8 5 DAMAGE $
EXPLOSION&COLLAPSE HAZARD
X PROOUCTSICOMPLETED OPERATIONS
X CONTRACTUAL come!NECi $5 0 0 $5 0 0
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $5 Q Q
AUTOMOBILE LIABILITY
ANY AUTO -, I ' �PHA+' $
ALL JWNED AUTOS(PRIV PASS) 1Q FQk�.`
ALL OWNED AUTOS OTHER THANPRIV.PASS
HIRED AUTOS i
PRO"ERn i
NON-OWNED AUTOS I DA�.IAGE I$
GARAGE LIABILITY &8 PD `r
�COMEiIN:D $El
.i
EXCESS LIABILITY der:% v
UMBRELLA FORM PD
COMBINED $ $
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION p STATUTORY
This revises and re lac s L4'
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AND
Certificate issued 1 $ _`___.�_IEACH ACCIDENT)
EMPLOYEFL�'LIABILITY 5/2 4/8 5, $ (DISEASE-POLICY LItdR)
$ IMSEASE EACH EMPLOYEE)
OTHER
DESCR!PTION OF OPERATIONS/LOCATIONSJVEHICLES/SPECIAL ITEMS
The City of Huntington Beach , its officers and employees are included as
Additional Insured with respect to the storage facility between the City of
Huntington Beach and the Named Insured (NET 6)
• @ 0' .z F ��...z`r- � ,.'�;�.,>4Cv. � @ �tc�'rD.#a''a may!�T I,�r'r I,� �'�i � �., ,r'�� _
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SHOULD ANY OF THE ABOVE DESCRMSD POLICIES BE CANCELLED BEFOK THE EX.
City of Huntington Beach PW ATION DATE THEREOF, THE ISSUING CCUPANY WILL XWXXM -1Zx 0X
2000 Main Street MI,:L...3.. —DAYS WRITTL•IV NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE
LL FT, DXDtA 4CNFfC>)CIaCl702Lx�lt�it0�6Z2�7SDG?S2C'fl+SJ2L�J� Cit2�IKlt 4 /x
Huntington Beach, CA 92648 G)xl w>s�:,ax xoo>Atx�xvczax x tv xscaa �xvra s
AUTHOR RESENTAT�vE
Attn : Alicia Wentworth/City C l e r p / ,