MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE HUNTINGTON BEACH CITY SCHOOL DISTRICT - HBCSD
This Memorandum of Understanding ("MOU"), dated this day of 2022, is between the City of Huntington Beach ("City") and the Huntington Beach City School District ("HBCSD) collectively, "the Parties".
RECITALS
WHEREAS, Brookfield Properties (the "Developer") purchased the property commonly referred to as 21141 Strathmoor Lane (APN 149-302-17) (the "Property") and submitted an application for General Plan Amendment No. 20-002/Zoning Map Amendment No. 20- 002/Tentative Tract Map No. 19136/Conditional Use Permit No. 20-024/Mitigated Negative Declaration No. 20-002 to the City to develop a planned unit development with 85 single family residences (the "Project"); and
WHEREAS, A planned unit development requires a mutual benefit for the residents of the project as well as the general public (i.e. public benefit); and WHEREAS, The City Council and the City of Huntington Beach Planning Commission voted to approve the Brookfield Homes development project at the former Gisler Middle School site; and
WHEREAS, In addition to installing certain improvements at Gisler Park, the Developer agreed to provide $500,000 to the City to be used for alternative/new field recreational opportunities to replace the lighted field at Gisler Middle School; and WHEREAS, If the funds are not being used toward the installation of overhead lighting fixtures and/or field improvements at a HBCSD property for recreational use, the City shall 1 retain the funds and have the right to use the money for another park and recreation community benefit, as set forth as part of the Project approvals; and WHEREAS, City and HBCSD wish to memorialize the distribution and use of the $500,000.00 in accordance with the approvals of the Brookfield Project; and NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the Parties covenant and agree as follows:
SECTION 1. TERM
This MOU will become effective on the date it is approved by both City Council and HBCSD Board of Trustees, or June 30, 2022, whichever is sooner (the "Effective Date"), and shall terminate two (2) years thereafter (the "Term"), except with respect to any obligations which are to be performed thereafter.
SECTION 2. OBLIGATIONS OF CITY
1. The City will establish a special fund/account and place the $500,000.00 provided by Developer into said account to be used to fund new lighted field at any of the remaining school sites and/or field improvements (collectively referred to as the "Permitted Uses").
2. In part, the $500,000.00 may be used for architect and engineering costs, feasibility studies, environmental studies, site-specific analysis, schematic design, construction, and related soft costs or other costs agreed to by the Parties in identifying and providing the Permitted Uses.
3. At the end of the two-year term from City Council approval on October 19, 2021, any remaining non-committed developer funds as part of the $500,000 may be used by the City of Huntington Beach as set forth in the Project approvals. The City will not use 2 these funds or consider the funds "non-committed" if there is significant progress made toward a Permitted Use.
SECTION 3. OBLIGATIONS OF HBCSD
1. HBCSD will follow established procedures for public schools to procure and execute facilities projects, including competitively bidding the approved Permitted Uses consistent with California Public Contract Code section 20111.
2. During the feasibility and pre-construction phase, HBCSD approved invoices of expenditures will be presented to the City finance department for reimbursement.
3. Based on feasibility studies, the HBCSD administration will identify a location for a field and/or field improvement projects) and present the proposal with a detailed scope of work, along with the total estimated cost, inclusive of contingencies to the City for approval. Prior to presenting the project to HBCSD Board of Trustees for approval, written approval from the City's Principal Planner must be obtained.
HBCSD will submit their funding draw request to the City for processing.
4. In the event that unexpected conditions are encountered which increase the approved construction cost for the Permitted Uses, HBCSD shall consult with the City's Principal Planner prior to executing a change order for the additional labor and/or materials, which additional cost shall be added to the total cost of the Permitted Uses and shall be subject to the City's reimbursement obligation under this MOU.
5. Within fifteen (15) days of each funding draw request, the City will provide payment to the HBCSD.
3 SECTION 4. NOTICE
Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows:
City HBCSD
City of Huntington Beach Huntington Beach City School District 2000 Main Street, P.O. Box 190 8750 Dorsett Drive
Huntington Beach, CA 92648 Huntington Beach, CA 92646
Attn: Attn: Jenny Delgado, Assistant Superintendent,
Phone: (714) 536-5291 Administrative Services
Phone: (714) 964-8888
If a party desires to change the address for notices set forth herein, said party will provide 30 days advance written notice to the other party of any such change.
SECTION 5. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party.
SECTION 6. CONTROLLING LAW AND VENUE
The rights and liabilities of the Parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California.
4 SECTION 7. SECTION TITLES
The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU.
SECTION 8. ASSIGNING AS BREACH
Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written.
Huntington Beach City School District CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California
By:
Mayor
Print Name
ITS:
ATTEST:
City Clerk
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager City Attorney MU
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