HomeMy WebLinkAbout25B - AGMT - LICENSE EXTENSION AT CENTENNIALReowme
CITY COUNCIL MEETING DATE:
FEBRUARY 4, 2014
TITLE:
LICENSE EXTENSION AGREEMENT
WITH RANCHO SANTIAGO
COMMUNITY COLLEGE DISTRICT AT
CENTENNIAL PARK
CITY MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
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As Recommended
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As Amended
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Ordinance on 1" Reading
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Ordinance on 2nd Reading
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Implementing Resolution
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Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a license extension agreement
with Rancho Santiago Community College District for five years at Centennial Park, subject to
non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On November 5, 1979, the City Council approved a 30 -year License Agreement with Rancho
Santiago Community College District (College) to construct and operate an Adult Career
Education Center at Centennial Park, under the condition the College abides to Deed Restrictions
required by the Federal Government on Centennial Park. The original 30 -year agreement expired
in November 2009 and the parties, under the same conditions, agreed upon a 5 -year renewal.
The renewal term will be expiring on November 5, 2014.
The College requested a long -term lease agreement in order to make improvements to the
campus. In order for the City to enter into a long -term lease with the College, a Land Conversion
needs to be approved by the National Park Services (NPS), transferring the deed conditions of
College campus (2.6 acres) to a new park site or sites of equal value.
On February 2011, the College entered into an agreement to reimburse the City up to $300,000
for the preparation of evaluation documents to the NPS and the cost to grade the proposed
replacement site. The McFadden /Orange site (1.4 acres) and the required evaluation documents
for the land conversion were submitted to the NPS and were accepted but more new park space
needs to be added to the land conversion proposal. NPS will allow the City to extend the College
lease 5 -years to provide the time needed for the City and College to find additional land
conversion property.
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RFCA — License Extension with RSCCD
February 4, 2014
Page 2 of 2
The Reimbursement agreement will also expire on November 5, 2014. Approximately $115,290
was spent on the evaluation documents for the McFadden /Orange site. To date $104,710 is
available to prepare evaluation documents on the additional site and $80,000 for grading.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Gerardo Mouet
Executive Director
Parks, Recreation & Community
Services Agency
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EXTENSION OF LICENSE AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
THIS EXTENSION OF LICENSE AGREEMENT ( "Extension ") is entered into this 4th
day of February, 2014, by and between the City of Santa Ana, a charter city and municipal
corporation, herein referred to as "City ", and Rancho Santiago Community College District,
herein referred to as "College ".
RECITALS:
A. On November 5, 1979, the City Council approved a thirty (30) year License
Agreement with College to construct and operate an Adult Career Education Center
at Centennial Park, conditioned upon College abiding to deed restrictions required by
the Federal Government on Centennial Park.
B. The original License Agreement expired in November 2009, and a five (5) year
renewal was agreed upon by the Parties, under the same conditions. Such renewal
term expires on November 5, 2014. In order to renew, the option must be exercised
by providing written notice not less than 180 days prior to the expiration date of the
option period.
C. College requested a long -term lease agreement in order to invest in improvements to
the campus, however said request was denied by the National Park Service (NPS)
as such use did not meet the deed restriction that the property be used for
recreational purposes. A long -term lease can only be entered if a land conversion is
approved by the NPS, transferring the deed restrictions for use as recreational
purposes to a new park site of equal value /size (2.6 acres).
D. In February 2011, the College entered into a Reimbursement Agreement with the
City for up to $300,000 for the preparation of evaluation and documentation to NPS
as well as the cost to grade the proposed replacement site. Required documentation
for the site at McFadden /Orange (1.4 acres) was submitted to NPS however, NPS
indicated that the proposed property was not of equal value /size. In order to
complete the land conversion process, the Parties need to identify additional
property of equal value. NPS has agreed to allow the City to extend the License to
the College for five (5) years in order to complete the process.
E. The Parties desire to extend the License and Reimbursement Agreements under the
same terms and conditions of the original agreements.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter
contained and made, and subject to all of the terms and conditions of said Agreement(s) as hereby
extended, the parties hereto do hereby agree as follows:
1. The term of the License shall be extended through November 5, 2019, subject to all of the same
terms and condition of the original License Agreement.
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2. The term of the Reimbursement Agreement shall also be extended through November 5, 2019,
by a written notice of the Executive Director and the College District subject to all of the same terms
and condition of the original Reimbursement Agreement.
3. All other terms and conditions of said Agreement shall remain in effect and unchanged,
including but not limited to compensation and proof of insurance.
WHEREFORE, the parties have executed this Extension of License Agreement as of the date
and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT
By:
President Erlinda Martinez, Ed.D.
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