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01/08/2008 CC Rpt A10 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY (* ,7 . . • Meeting Date: January 8, 2008 r 1 r - e' l i.,6 11: :):.) '----, , Public Hearing: 0 .4 F•4.,-N.',''''?' '1 vj 1 '; . I Discussion Item: cl Consent Item: JANUARY 1, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: AUTHORIZE EXECUTION OF A NEW USE PERMIT WITH THE COUNTY OF SAN BERARDINO FOR THE CHINO HILLS PROPERTY LOCATED AT 14575 PIPELINE AVENUE RECOMMENDATION: Approve the new Use Permit with the County of San Bernardino to continue using the property located at 14575 Pipeline Avenue as a transfer station until construction of the new community center. OPBACKGROUND/ANALYSIS: On January 26, 2007, the City of Chino Hills entered into a Use Agreement with the County of San Bernardino to use the 14575 Pipeline Avenue property as a transfer station to store green waste and other City generated material. This property was formerly owned by the City and was transferred over to the County of San Bernardino for the purpose of constructing a community center. This agreement will take affect on January 26, 2008, and will expire on January 25, 2009, or until construction activity prohibits this use. REVIEW BY OTHERS: The City Attorney, Community Services Director, Public Facilities and Operations Director and the Assistant to the City Manager have reviewed this item. FISCAL IMPACT: There is no fiscal impact related to this item. 'ecommend by, • ko I • ORS N. La Belle, ity Manager DLB:JM:ssr ///0 FOR COUNTY USE ONLY oR1G1NAL • New Vendor Code SC 1 Dept. A Contract Number — Change do Cancel County Department Dept. Orgn. Contractors License No. – Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount County of San Bernardino • David H. Slaughter, Director 387-7813 Contract Type F A S 0 Revenue 0 Encumbered 0 Unencumbered 0 Other If not encumbered or revenue contract type,provide reason. CONTRACT TRANSMITTAL Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount 3002365 I I Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount I t Fund Dept. Organization Appr. Obj/Rev Source -GRC/PROJ/JOB No. Amount i I Project Name Estimated Payment Total by fiscal Year Chino Hills-County-owned FY Amount I/O FY Amount I/D Property-14575 Pipeline Ave. — — — — CONTRACTOR City of Chino Hills I ID No. or Social Security No. Fdp tractor's Representative John Mura Address 2001 Grand Avenue, Chino Hills, CA 91709 Phone (909) 364-2625 Nature of Contract: (Briefly describe the general terms of the contract) This Use Permit is for a period of one (1) year. Premises consist of approximately 1.96 acres containing 2,008 square feet of office area and 680 square feet covered parking with a modular building of 1,950 square feet for use by the City of Chino to operate and maintain a landscape refuse transfer site and non-hazardous property storage in external metal storage containers at 14575 Pipeline Avenue, Chino Hills, California. (Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) Approved as to Legal Form Reviewed as to Affirmative Action Presented to BOS for Signature 0' SEE SIGNATURE PAGE County Counsel Counsel Department Head •.1=. Date Date Date dill Auditor/Controller-Recorder Use 0,11E_ ;4.:;:x:alciTeoli tradtiDafadatisVagEPFAStKOM VAISIffarr‘ kaiVerirIPKg 1 `'i• :'4.7.:16'.#,,',4*-1=3 AlWil4:t'iir '44," ,'-,,-'_:&-;,,-,,p! •i:i.-}1*.A,46013..cer,'."441,zi% Fx 111/11 USE AGREEMENT 1. PARTIES, PURPOSE and TERM: The County of San Bernardino (COUNTY) hereby permits the City of Chino Hills (CCH) whose address is 2001 Grand Avenue, Chino Hills, California 91709, to use 1.96 acres of improved yard space with 2,008 square feet of office space, 680 square feet of covered parking and 1,950 square feet of modular office space at the County-owned property located at 14575 Pipeline Avenue, Chino Hills, California (Use Area) as shown on Exhibit "A" attached hereto. This Agreement is effective from and including January 26 , 2008,to and including January 25, 2009. 2. USE: CCH may use the Use Area for only the following purpose: to operate and maintain a landscape waste transfer station and to store city property of a non- hazardous type in external metal storage containers. CCH must not use the Use Area for any other purpose. 3. FEES: As consideration for this Agreement, CCH agrees to continue to provide for and fund the cost of the temporary relocation of the existing Chino Hills Police and Sheriff's station at Peyton Drive and Grand Avenue for a period of twenty-four (24) months until a new Chino Hills Police and Sheriffs facility is constructed as a part of the Chino Hills Government Center Complex. Both 41111 temporary and new facilities shall be provided at no cost to the COUNTY and shall continue until the COUNTY no longer provides police services to CCH. CCH will also provide furniture, fixtures and equipment for the new Chino Hills and Sheriff's facility as part of the construction of the facility. 4. INDEMNIFICATION AND INSURANCE: A. Indemnification: CCH agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY, its authorized officers, agents, volunteers and employees, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person, and for any costs of expenses incurred by the COUNTY on account of any claim therefore, including but not limited to environmental claims, expect where such indemnification is prohibited by law. CCH's indemnification obligation applies to the COUNTY's "active" as well as "passive" negligence, but does not apply to the COUNTY's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782. CCH's indemnification obligation shall survive the COUNTY's use. The insurance provisions in this Paragraph 4, INDEMNIFICATION AND INSURANCE, shall not be interpreted in a manner that limits the indemnification obligation. 41111PB. Insurance - The CCH and the COUNTY are self-insured public entities for purposes of professional liability, general liability, and Workers' Compensation. CCH and COUNTY each warrant that through their programs of self-insurance, each has adequate professional liability, 1 general liability, and Workers' compensation to provide coverage for liabilities arising out of CCH'S and COUNTY'S respective obligations under this agreement. CCH shall provide a certificate of participation in an approved self-insurance program prior to the effective date of this Use Agreement and annually, unless more frequently requested by the COUNTY. 5. DAMAGE PROVISIONS: CCH must within thirty (30) days of damage, repair any portion of the Use Area and/or Use Area improvements damaged by CCH, its employees, agents or invitees, unless earlier repairs are required to maintain the safety of the Use Area. 6. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, regardless of which party is the prevailing party, must bear its own costs and attorneys' fees. This paragraph will not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable to the COUNTY under Paragraph 4, Indemnification and Insurance, and Paragraph 13,Release of Information. 7. CONDUCT OF EMPLOYEES: CCH is responsible for the conduct of its employees, volunteers, agents, members and invitees on the Use Area and the entire property of which the Use Area is part, provided the presence of such persons on the Use 41IP Area or the entire property of which the Use Area is part is related to CCH'S use of the Use Area under this permit. 8. TERMINATION: A. Default: In the event that either party violates any of the terms and conditions of this permit, the aggrieved party may give written notice of specific violation and demand for correction. B. Termination for Default: If, within ten (10) days after written notice and demand, the violating party has not commenced correction of the violation or shown acceptable cause therefore, the aggrieved party has the right to immediately terminate this permit and pursue any and all remedies provided by law. C. Suspension: CCH agrees that COUNTY may immediately suspend end/or terminate this Agreement, and further CCH agrees to immediately cease operation if CCH fails to meet the insurance requirement, as stated herein. D. Liability for Breach: Termination for default will not excuse either party from liability for breach of contract; such breach will be deemed total. 411P E. Early Termination: This Agreement may be terminated without cause upon 180 days written notice by either party. The City Council of the CCH, is authorized to exercise CCH'S rights with respect to any termination of this Agreement. The County of San Bernardino's Real 2 Estate Services Department has authority to give notice of and execute any termination of this Agreement on behalf of the COUNTY. 9. DESIGNATION: The Real Estate Services Department is designated to Administer and enforce this Agreement. Further, the Director of Real Estate Services is authorized to exercise all provisions of this Agreement on behalf of COUNTY, including but not limited to termination for default provisions. 10. PERMITS AND LICENSES: CCH, its employees, agents, and contractors, must conform to and abide by all rules and regulations relating to the activities herein authorized and is subject at all times to applicable rules, regulations, resolutions, laws, ordinances, and statutes of the County of San Bernardino, State of California, the federal government, and all other governmental agencies having jurisdiction over the use and the Use Area. Where permits are required for such operations, the same must first be had and obtained from the regulating body having jurisdiction thereof, before such operation is undertaken, and CCH must maintain current status any and all other permits and/or licenses required by any other COUNTY department, local, state, and/or federal authority, which is required to engage in the use permitted herein. 11. NO INTEREST-OR ESTATE: CCH agrees that it does not have and will not claim at any time any interest or estate of any kind or extend whatsoever in the • Use Area and the entire property of which the Use Area is part, by virtue of this license or its occupancy or use hereunder. 12. ASSIGNMENT AND TRANSFER: CCH is not allowed to assign or transfer this Use Agreement to any other person, group or organization, except as authorized under statute. 13. RELEASE OF INFORMATION: Any information or other materials submitted by CCH in connection with this agreement are for the exclusive use of the COUNTY, but are subject to disclosure under the provisions of the California Public Records Act, government code Section 6250 et seq. In the event a request for disclosure of any part or all of any information or other material is made to the COUNTY, the COUNTY will make good faith efforts to notify the CCH of the request and will thereafter disclose the requested information unless the CCH requests nondisclosure and agrees to indemnify, defend with counsel approved by COUNTY, and hold the COUNTY harmless in any/all actions brought to require disclosure. The CCH waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify CCH of any such disclosure request and/or releases any information received from the CCH. If during the course of the administration of this Use Agreement, the COUNTY determines that the CCH has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this • Use Agreement may be immediately terminated. If this Use Agreement is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies. 3 I. 14. UTILITIES: CCH will provide and bear the cost of all utilities for the operation of the activities of the CCH within the Use Area including, but not limited to electricity,water, and natural gas. 15. MAINTENANCE: COUNTY agrees to provide all interior and exterior building maintenance necessary for the operation of the Use Area. 16. NOTICES: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first- class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be . deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph. CCH's address: Curt Hagman, Mayor City of Chino Hills 2001 Grand Avenue Chino Hills, CA 91709 41111 COUNTY's address: County of San Bernardino Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 17. SECURITY: CCH understands and agrees that the COUNTY is not required to provide, nor shall COUNTY provide any security for the personal property and/or the person of CCH or anyone using the Use Area as a result of CCH's use ("CCH's guests"). Any loss, damage and injury to any property or person of CCH or CCH's guests shall be at the sole cost, expense, and responsibility of CCH. 18. DISCLAIMER OF LIABILITY: COUNTY is not liable at any time for loss, damages, or injury to the person or property of any person whomsoever at any time, occasioned by or arising out of any act of CCH or of anyone holding under CCH, nor for the occupancy of use of the Use Area/Park or any part thereof by or under the CCH,nor directly or indirectly from any state or condition of said Use Area/Park or any part thereof during the terms of this Permit. 0 4 11111 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties. No modifications or waiver will be binding unless made in writing and signed by both parties. COUNTY OF SAN BERNARDINO CITY OF CHINO HILLS By: By: Paul Biane, Chairman Curt Hagman, Mayor Board of Supervisors City of Chino Hills Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DENA M. SMITH, Clerk of the Board of ATTEST: 11111 Supervisors of the County of San Bernardino By: Deputy Mary M. McDuffee, City Clerk Date: Date: Approved as to Legal Forrn: APPROVED AS TO FORM: RUTH E. STRINGER, County Counsel San Bernardino County, California Mark D. Hensley, City Attorney By:ZZDate: Fiona Luke,'Deputy Date: 4111P 5 EXHIBIT "A" 111011 • Assessor Parcel Number: 1025-091-04 PARCEL NO. 3 OF PARCEL MAP NO.7614, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 78 PAGES 84 AND 85 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,EXCEPT THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA IN A DOCUMENT RECORDED SEPTEMBER 13, 2000, AS INSTRUMENT NO. 2000-332407, OF OFFICIAL RECORDS. And Assessor Parcel Number: 1025-091-08 PARCEL 3 OF PARCEL MAP 8433,AS PER PLAT RECORDED IN BOOK 87,PAGES 67 AND 68 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 411101 • PAGE 1 OF 2 ii 1 EI oi ev Did NAP 1s roe 14 rueros[ 1 `' Pfn. Map "D" Rancho Santa Ana Del Chino, M.B. 12/47-48 City of China 10 2 5 - 0 9 City of Chino H 144 Tax Rate Area ills 0 Oor AO 1A[OI[Y MAMA OAT. 1001,1020 N cv 1 ne .§ 1°» E ` 0 fC ' Co +rr _ . (Ill in I` I Por. \\\ Io► �� \ Ho. For. 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