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HomeMy WebLinkAboutRANCHO COMMUNITY COLLEGE DISTRICTli`) usifPaC) i"' Nt:(11F?(!i A-2019-045 tNl:':�K iuiltY tali{)Cfi:�[7 CLERK OP COUNCIL rr:• APR 11 2019 THIRD EXTENSION OF LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RANCHO �pS� SANTIAGO COMMUNITY COLLEGE DISTRICT THIS THIRD EXTENSION OF LICENSE AGREEMENT ("Extension") is entered into this 5th day of March, 2019, 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 "RSCCD". RECITALS: A. On November 5, 1979, the City Council approved a thirty (30) year License Agreement with RSCCD to construct and operate an Adult Career Education Center at Centennial Park, conditioned upon RSCCD 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 expired on November 5, 2014. C, On February 4, 2014, RSCCD and the City entered into an "Extension of License Agreement" (A- 2014-028) Between the City of Santa Ana and Rancho Santiago Community District," which extended the License Agreement through November 5, 2019, subject to all of the same terms and conditions of the original License Agreement, D. On February 7, 2011, RSCCD entered into a "Reimbursement Agreement for Centennial Education Center Improvements" (A-2011-026) with the City for up to $300,000 for the preparation of evaluation and documentation to the National Parks Service ("NPS") for a potential land conversion which would move the deed restrictions from the land upon which the Education Center sits to another property designated by the City. The Reimbursement Agreement also covered 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 agreed to allow the City to extend the License to RSCCD for five (5) years in order to complete the process. This Reimbursement Agreement expired on November 5, 2014. E. On August 18, 2015, RSCCD and the City entered into a "Reimbursement Agreement for Completion of Land Conversion Approval for Centennial Education Center" (A-2015-182) whereby RSCCD would reimburse the City in an amount not to exceed Three Hundred Thirty -Four Thousand Dollars ($334,000) for its costs in fulfilling the land conversion requirements for the replacement properties. F. In order to renew or extend the License Agreement, the option must be exercised by providing written notice not less than 180 days prior to the expiration date of the option period. G. in February 2019, RSCCD has requested an extension of the current License Agreement between the parties to allow RSCCD to schedule classes for Fall 2019 and for the parties to complete submission of necessary documentation for the contemplated land conversion to the NPS. 4746504,1 -- N261.21 H. On February 19, 2019, the NPS orally informed the City's Executive Director of the Parks, Recreation and Community Services Agency that an extension of the license agreement for up to two (2) years was approved by the NPS. The Parties desire to extend the License Agreement for two (2) years under the same terms and conditions of the original Agreement. 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 as hereby extended, the Parties hereto do hereby agree as follows: 1. The term of the License shall be extended for two (2) years through November 5, 2021, subject to all of the same terms and conditions of the original License Agreement dated November 5, 1979. WHEREFORE, the parties have executed this Extension of License Agreement as of the date and year first written above. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CITY ATTORNEY By:cAi'ulL�l• KK�YLA1�. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: V 1 S Q1' 11 d� -,— LIrA�Cl1DLOFF ^� E cutive Director of Parks, Recreation and Community Services Agency 4746504,1 --N261.21 CITY OF SANTA ANA STEVEN MENDOZA Acting City Manager RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT By. PETER HARDA `3a711,9 Vice Chancellor Business/Fiscal Services EVIDENCE OF COVERAGE OATSYYYY) 3/222/20/20 19 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. MEMORANDUM NUMBER: 77 JOINT POWERS AUTHORITY (JPA) Alliance of Schools for Cooperative Insurance Programs 16550 Bloomfield Avenue Cerritos, CA 90703 www.ASCIP.org CONTACT NAME: Mr. FrItZ J. Helrjch, Chief Executive Officer PHONE: (562) 404-8029 JPA MEMBER Rancho Santiago Community College District 2323 North Broadway Santa Ana CA 92706 This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE ADDL INSR MEMORANDUM NUMBER (MOC) POLICY EFF (MM/DONYYY) POLICY EXP 12:01a.m. LIMIT OF LIABILITY/COVERAGE GENERAL LIABILITY OCCURRENCE Personal Injury ,/ MOC #77 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 AGGREGATE $ N/A $ Errors & Omission $ Employment Practices $ AUTOMOBILE LIABILITY AUTOMOTIVE PHYSICAL DAMAGE COMPREHENSIVE / COLLISION ANVAUTO Owned Auto MCC #77 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 ACTUAL CASH VALUE $ $ $ Hired Auto $ PROPERTY BUILDING / CONTENTS FIRE, THEFT, RENTAL INTERRUPTION REPLACEMENT COST SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATUTORY LIMITS NIA MOC #77 7/1/2018 7/1/2019 EACH ACCIDENT $ $2,000,000 PER EMPLOYEE $ $2,000,000 POLICY LIMIT Is $2,000,000 OTHER EMPLOYEE DISHONESTY (CRIME) SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS ADDITIONAL REMARKS: As respects to classroom and office lease for Centennial Education Center 3/21/19 - 7/1/19 CERTIFICATE HOLDER City of Santa Ana Attn: Sylvia Cuevas 20 Civic Center Plaza Santa Ana CA 92701 CANCELLATION ray Should any of the above coverages forthe Coverbged or withdrawn prior to the expiration date issued above, ASCIP. SCIP 11 1 -d ys written notice to the Certificate Holder, but failure to mail such 'ce shaU,rrolrpose no obligation or liability of any kind upon ASCIP, its agents, or representatives. r^ AUTHORIZED REPRESENTATIVE: Fritz J. Helrlch *ASCIP is ajoint powers authority pursuantto Article I(commencing with Section 6500)Chapter 5 of Division 7 oftitle lofthe Government Code and Sections 39603 and I31603 ofthe Education Code. Rev 5.97 49692159 177 118/19 All Types WC I Nancy Lopez 13/22/2019 11:23:15 AM (POT) I Page 1 of 2 District: Rancho Santiago Community College District City of Santa Ana its officers, employees, agents and representatives Endorsement No. 47672159 and office lease for Centennial Education The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims, demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Authorized Representative: Date Issued: 3/22/2019 ASCIP is ajoint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 Code and Sections 39603 and 81603 of the Education Code. Rev 5/97 97672159 1 77 1 10/19 All Typee NC I Nancy Lopez 1 3/22/2019 11:23:15 AM (POT) I Page 2 of 2 07�412 of Tit%7.Nf the Government