LICENSE TO USE COUNTY REAL PROPERTY
This License to Use County Real Property ("Agreement") is made and entered into as of 2025 ("Effective Date"), by and between the County of Mendocin "County"), a political subdivision of the State of California, and the City of Fort Bragg ("City"), municipal corporation.
Recitals
This Agreement is entered into pursuant to the following facts:
A. County owns certain property located at 360 North Harrison Street, in Fort Bragg, California, which is occupied by the Fort Bragg Veterans Memorial Building, APN 008- 183-02, the "County Property").
B. City owns certain property that surrounds the County Property, known as Bainbridge Park, generally located between North Harrison Street, East Laurel Street and North Whipple Street, in Fort Bragg, California (APNs 008-183-01, 008-183-03, 008-183-11, and 008-183-12; the "City Property").
C. The County and City properties are all generally shown on Exhibit A, attached hereto and incorporated herein by this reference. Exhibit A is used for showing the general location and relationship of the properties involved, but is not a record of survey.
D. City is undertaking improvements to Bainbridge Park through the Bainbridge Park Enhancement Project, which generally includes the demolition and reconstruction of certain paved pathways through Bainbridge Park that connect the Park and the Veterans Memorial Building to City streets, construction of a new stage pavilion and related accessways, installation of boulders and logs ("site furnishings"), removal of certain landscaping, installation of irrigation lines, and installation of new landscaping (the "Project"). As planned, some of the modifications of the Project will be installed on the County Property. The modifications of the Project that will occur on the County Property are generally shown and described on Exhibit B to this agreement, which is attached hereto and incorporated herein by this reference.
E. Government Code Section 25526.6 provides that the Board of Supervisors may grant a license to use County real property to a city upon finding that the conveyance is in the public interest and that the interest in the land conveyed will not substantially conflict or interfere with the use of the property by County.
F. County is amenable to the modifications to the County Property under the Project to be performed by City and is willing to grant a license to the City in order for the City and its contractors to perform said modifications.
G. The consideration for the license to be granted pursuant to this agreement shall be the City's undertaking of the modifications identified in this agreement and an affirmative commitment of the City to maintain all landscaping and irrigation improvements installed on County Property.
Now, therefore, it is mutually agreed as follows:
1. The above recitals are true and correct and incorporated herein by this reference.
2. Government Code Section 25526.6 Findings. The County finds that the proposed conveyance of the license pursuant to this Agreement is in the public interest, as the improvements to Bainbridge Park will create an improved public asset for public enjoyment and recreation, and the use and improvement of Bainbridge Park and the area to be licensed under this Agreement will not conflict or interfere with the use of the remainder of the County Property, which will still be useable as a Veterans Memorial Building.
3. County hereby grants to City and City's agents and employees a license to enter upon the County Property, outside of the Veterans Memorial Building, for the purpose of installing and constructing modifications of the Project(the "Licensed Area"), which area is shown on Exhibit C attached hereto and incorporated herein by this reference.
4. City accepts the use of the Licensed Area in an "as is" condition, with County providing no warranties as to the condition of the Licensed Area.
5. The license granted by County to City is for the purpose of installing the modifications of the Project described in Recital D and shown and described on the maps attached to this Agreement as Exhibit B and incorporated herein by this reference, as well as to allow for the City's continuing maintenance of the installations of the Project following Project completion.
6. Prior to commencing the modifications of the Project shown on Exhibit B, City shall prepare and circulate to County a safety plan for the modifications, including any pedestrian recirculation which may be required during the modification work.
7. City agrees that it shall perform the Project only after securing all permits, licenses, or other legal authorizations required. County shall cooperate with City to achieve the completion of the Project.
8. As designed, City's Project will install a portion of the new stage pavilion and certain site furnishings on the County Property. City and County agree to collaborate and discuss possible methods and mechanisms in which a portion or all of the County Property may be conveyed to City in order to most properly consolidate ownership of the land used as Bainbridge Park in the City.
9. Upon completion of the City's Project, City shall leave the County Property in a condition Comaton are by mis ageng. comparable to the condition of said property as of the Effective Date, except for the landscaping, structures, fences, driveways, or other improvements on said property not part of the Project that are removed, damaged or destroyed by City or City's agents or employees, including the Veterans Memorial Building.
10. Following the completion of the City's Project, this License shall continue for City's use of the Licensed Area as part of Bainbridge Park. City shall maintain the irrigation, landscaping, and site furnishings installed on the Licensed Area at its sole cost and expense. County shall have no responsibility to pay for any costs of providing water to said landscaping or maintaining the irrigation system or the landscaping planted on the Licensed Area.
11. City covenants and agrees to indemnify, defend and hold harmless County, and its agents, officers, attorneys, and employees, from any and all claims, demands, damages, costs, liabilities and losses whatsoever (including reasonable attorney's fees and costs incurred in defending claims) alleged or arising out of City's Project, City's use of the County Property, the use of the Licensed Area as part of Bainbridge Park (in particular the site furnishings and new stage pavilion installed as part of the Project) or to attack or set aside the approval of this Agreement.
12. This Agreement shall be effective as of the Effective Date. This Agreement may be terminated either by the written agreement of the parties or by County's providing six (6) month written notice.
13. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of City and County, except as otherwise provided in this Agreement.
14. In any action to enforce or interpret the terms of this Agreement, including but not limited to any action for declaratory relief, each party shall be solely responsible for and bear its own attorneys' fees, regardless of which party prevails.
15. The parties have herein set forth the whole of their agreement. This Agreement may be supplemented, amended or modified only by the mutual Agreement of the parties. supplement, amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
16. The performance of this Agreement constitutes the entire consideration for said document. [Signatures on next page.]
DEPARTMENT FISCAL REVIEW: CITY OF FORT BRAGG
arcie Antle
By:_
DEPARTMENT HEAD DATE CITY MANAGER
Budgeted: • Yes • No 06/18/202 Sate:
Budget Unit: ADDRESS OF CITY:
Line Item: 416 North Franklin Street
Grant: Yes • No Fort Bragg, CA 95437
Grant No.:
COUNTY OF MENDOCINO
By:
JOHN HASCHAK, Chair signature on this Agreement, he/she or the entity BOARD OF SUPERVISORS upon behalf of which he/she acted, executed this Date:
ATTEST: COUNTY COUNSEL REVIEW:
DARCIE ANTLE, Clerk of said Board
APPROVED AS TO FORM:
By:
Deputy
I hereby certify that according to the provisions of COUNTY COUNSEL Government Code section 25103, delivery of this
document has been made.
06/18/2025
Date:
DARCIE ANTLE, Clerk of said Board
By:
Deputy
INSURANCE REVIEW: EXECUTIVE OFFICE/FISCAL REVIEW:
Darcie Antle
By: By:
Risk Management Deputy CEO or Designee
06/18/2025 06/18/2025
Date: Date:
Signatory Authority: $0-25,000 Department; $25,001 - 50,000 Purchasing Agent; $50,001+ Board of Supervisors
Exception to Bid Process Required/Completed
Mendocino County Business License: Valid L
Exempt Pursuant to MCC Section:
E. LAUREL ST.
APN: 00818301 APN: 00818302
oPoa N. WHIPPLE ST.
APN: 00818312
N. HARRISON ST.
APN: 00818303
APN: 00818311
Exhibit A Property Boundaries
NORTH PARCEL BOUNDARY
Exhibit B Scope of Work
AUREL S PX-110 Demolition Plan
PX-103 PX-124
Reference Notes
PX-101 PX-115 PX-122
Demolition (D-)
D-103 REMOVE EXISTING CONCRETE AND DISPOSE OF OFF-SITE. SAWCUT CLEAN EDGE I LIMIT OI D-105 REMOVE (E) TURF WITHIN PROJECT LIMIT OF WORK. CUT DOWN TO REMOVE ROOTS
LIMIT OF WORK
IN CLEAR AND GRUB PHASE AND DISPOSE OF OFF-SITE. SEE CONSTRUCTION PLAN FOR PROPOSED BOUNDARY. ADJUST (E) IRRIGATION TO NEW TURF EDGE PER
IRRIGATION PLAN
PX-125 REMOVE EXISTING TREE, GRIND OUT ALL ROOTS TO 36' DEPTH AND REMOVE ALL D-112
GRINDINGS/ORGANIC MATTER, BACKFILL & COMPACT WITH NATIVE SOIL TO 90% PX-108 DENSITY
D-115A REMOVE EXISTING ASPHALT AND DISPOSE OF OFF-SITE. SAWCUT CLEAN EDGE PX-109 PATCH DAMAGED ASPHALT, SLURRY SEAL ASPHALT TO REMAIN. SE ONSTRUCTION
PLAN FOR BOUNDARY
Preserve (PX-)
D-105 PX-101 RETAIN AND PROTECT EXISTING FLAGPOLE
D-103 PX-109 D-115A
PX-113 PX-103 RETAIN AND PROTECT EXISTING SIGN
PX-106 PX-106 RETAIN AND PROTECT EXISTING CHAIN LINK FENCE PX-108 RETAIN AND PROTECT EXISTING CONCRETE
PX-109 RETAIN AND PROTECT ALL EXISTING TREES AS LABELED.
PX-110 PX-122 DETAIL
PX-130 PX-110 RETAIN AND PROTECT EXISTING ABOVE GROUND SITE UTILITIES INCLUDING POLES PX-110 BOXES, AND LIGHTS.
-PX 429-
D-112 PX-113 RETAIN AND PROTECT EXISTING DIESEL TANK
PX-115 RETAIN AND PROTECT EXISTING BUILDING AND ALL ASSOCIATED UTILITIES D-103 D-103
PX-122 RETAIN AND PROTECT EXISTING SIGN ON FENCE
PX-124 RETAIN AND PROTECT EXISTING STREET SIDEWALK
Parcel Boundary PX-125 RETAIN AND PROTECT EXISTING STAIRS AND HANDRAIL LIMIT OF WORK Construction Plan
P-302
ADA ACCESSIBILITY
AD-101 RAMP AT PAVILION. SEE DETAIL.
AD-102 RAILING AT PAVILION. SEE DETAIL.
VETERANS MEMORIAL
BUILDING PAVING/SURFACING
P-301
P-301 CONCRETE STANDARD GREY, MEDIUM BROOM FINISH
EXPANSION JOINTS PLACED AND SCORE LINES SPACED PER PLAN P-302 ENHANCED CONCRETE WITH DECORATIVE STAMP, STANDARD GREY. STAMP TO MATCH EXISTING CONCRETE IN PLAYGROUND.
S-105 P-304 BARK MULCH 4' DEPTH WITH GEOTEXTILE FABRIC BENEATH,
SALVAGED FROM WIGGLY GIGGLY PLAYGROUND
S-119
P-304 SITE FURNISHINGS
AD-102 P-301 LOCALLY SOURCED BOULDER - SEE BOULDER SCHEDULE FOR S-105
SIZES.
AD-101 S-119 LOCALLY SOURCED LOG - HORIZONTAL
P-304
SS-107 SITE STRUCTURES
SS-106 18 HIGH CONCRETE STAGE. STANDARD GREY, UGHT BROOM
FINISH ON STAGE FLOOR, SMOOTH TROWEL FINISH ALL OTHER
S-119 SURFACES.
$ 125 SS-107 18 X36 SIZE PAVILION BY ICON. BASE BID. OWNER PURCHASED CONTRACTOR INSTALLED. SEE DETAIL SHEET L2.5. CONTACT:
ST 102 S KYLE KNOX@ PARK PLANET, 541-315-0001
SS-106
$ 122
- S-105
Parcel Boundary City to Maintain Proposed Site Furnishings • LIMIT
LIMIT OF WORK
Irrigation Plan
SYMBOL MANUFACTURER/MODEL
HUNTER MP2000 PROS-04-PRS40-CV-F R
HUNTER MP3000 PROS-04-PRS40-CV-F A
HUNTER MP3000 PROS-04-PRS40-CV-F B
HUNTER MP3500 PROS-04-PRS40-CV-F LB
PIPE TRANSITION POINT TO SHRUB DRIP LINE
TRANSITION FROM PVC LATERAL TO DOUBLE DRIP LINE
ROWS AT SHRUB ROWS/GROUPS PER DETAIL. INSTALL WITH
RISER IN CARSON 910 VALVE BOX.
- DRIP LINE SHALL BE PRESSURE-COMPENSATING HUNTER
HDL-06-12-CV DRIP LINE WITH 0.6 GPH FLOW, CHECK VALVE,
12' EMITTER SPACING, OR APPROVED EQUAL
- BLANK TUBING SHALL BE HUNTER HDL-BLNK, OR EQUAL
½½™1½ - DRIP TUBING NOT SHOWN ON PLANS.
KEN .-
HUNTER ICZ-101-25
DRIP CONTROL ZONE KIT. TIN. ICV GLOBE VALVE WITH 1IN.
HY100 FILTER SYSTEM. PRESSURE REGULATION: 25PSI.
1½" FLOW RANGE: 2 GPM TO 20 GPM. 150 MESH STAINLESS
STEEL SCREEN.
12*
1¼*
1½"
CONNECT TO (E) MAIN LINE
•EXISTING MAIN LINE, CONFIRM
LOCATION AND SIZE IN FIELD
City to Maintain Proposed Irrigation as part of the master irrigation plan Landscaping Plan
PLANT SCHEDULE
MIT OF WORK
SYMBOL CODE BOTANICAL NAME
TREEE
LF LYONOTHAMNUS FLORIBUNDUS ASPLENIFOLUS
MP MELALEUCA NESOPHILA
VETERANS MEMORIAL
BUILDING
MC MYRICA CALFORNICA
SH
cW CUPRESSUS MACROCARPA WILMA GOLDCRES
0000E FN FRANGULA CALIFORNICA EVE CASE
JUNIPERLS HORIZONTALIS MONBER
L5 LEUCADENDRON X SAFARI SUNSET
IT FROM
ASE BID) GRASSES
CK CALAMAGROSTIS X ACUTIFLORA "KARL FOERSTE
00 CP CAREX PRAEGRACILIS
Gag
GROUNDCOVERS
AE ARCTOSTAPHYLOS X EMERALD CARPET
CAREX TESTACEA
TURF SOO
City to Maintain Proposed Plantings BOLERO PLUS SOD AVAILABLE FROM DELTA BLUEGR
EXISTING TREE
E. LAUREL ST.
VETERANS MEMORIAL
APN: 00818301
N. WHIPPLE ST.
APN: 00818312
N. HARRISON ST.
APN: 00818303
APN: 00818311
Exhibit C Licensed Area Area of License
NORTH
PARCEL BOUNDARY