1 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) entered into on the _________ day of ____________________, 2022, by and between the County of Mendocino (hereinafter referred to as “County”) and City of Point Arena (hereinafter referred to as “City”).
WHEREAS, the Point Arena Veterans Memorial Building (hereinafter referred to as “Building”) is located at 24000 South Highway One, Point Arena, California (hereinafter referred to as “Premises”); and
WHEREAS, the County has transferred the Building and the Premises to the City pursuant to that Transfer Agreement dated June 7, 2022 (the “Transfer Agreement”); and WHEREAS, during the County’s ownership of the Building, the County occupied a portion of the Building for use as the Mendocino County Sheriff’s substation; and WHEREAS, the City and the County desire for the County to continue to use of a portion of the Building, more particularly described in Attachment A, as the Sheriff’s substation; and WHEREAS, pursuant to the Transfer Agreement, as referenced in Attachment B, between the County and the City, said use of the Premises and the Building shall be at no cost to the County.
NOW, THEREFORE, it is understood by the City and the County that a portion of the Building and Premises shall be utilized by the County pursuant to the following terms:
1. City shall be responsible for and perform all major Building maintenance as necessary, and all routine, minor maintenance and repair services for the entire facility and assure that the Building is maintained in a clean and safe manner.
2. The City of Point Arena shall pay all operating and maintenance costs of the Building, including waste disposal and all utilities.
3. County shall have, at no cost, use of the space identified on Attachment A, as well as access to certain amenities associated with its occupancy, including but not limited to restroom and kitchen facilities in the Building and parking on the Premises. Use of such areas shall correspond to substation operations.
4. All parties hereby agrees to accept the use of the Building in “as is” condition, understanding that City makes no representations as to the Building’s condition or suitability for the proposed use.
5. The City shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from any use of the Premises by the County.
The County shall indemnify, and hold City, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of occupancy and use of the Premises by County as described herein, unless arising out of the negligence or misconduct of City.
6. County shall procure and maintain for the duration of this MOU insurance against claims for injuries to persons or damages to property, including the Premises, which may arise from or in connection with its use of the Premises pursuant to this MOU. 2 Certificates of Insurance shall be furnished to City with General Liability Endorsements evidencing at a minimum the following:
a. Combined single limit bodily injury liability and property damage liability - $1,000,000 each occurrence.
b. Vehicle/Bodily Injury combined single limit vehicle bodily injury and property damage liability - $500,000 each occurrence.
7. City and County shall not assign or transfer this MOU to any other party.
8. This MOU may be amended by the parties hereto only in writing executed by both City and County.
9. Each party to this MOU shall have the right to cancel this MOU upon thirty (30) days written notice to the other party.
10. Upon termination of this MOU, County will peaceably and quietly surrender to City the portion of the Building shown in Attachment A in as good a state or condition as it is now, or may be put into hereafter, reasonable use and wear and damage by the elements excepted.
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written.
CITY OF POINT ARENA
COUNTY OF MENDOCINO
JANELLE RAU, Director
General Services Agency
___________________________________
SCOTT IGNACIO, Mayor
_________________________________
APPROVED AS TO FORM:
APPROVED AS TO FORM:
CHRISTIAN CURTIS, County Counsel
By:________________________________
Deputy
GINERVA CHANDLER, City Attorney
_________________________________
INSURANCE REVIEW:
By _____________________________
RISK MANAGEMENT
By signing above, signatory warrants and
represents that he/she executed this
Agreement in his/her authorized capacity
and that by his/her signature on this
Agreement, he/she or the entity upon
behalf of which he/she acted, executed
this Agreement
April 22, 2016
N
POINT ARENA VETERANS HALLBuilding Floor Plan 1/8" scale Mendocino County Sheriff
HVAC
Assembly
Kitchen
Sheriff's Offices: 215 SF
96'-8"
48'-8"
21'-8"
21'8"
County of MendocinoExecutive OfficeFacilities and Fleet Division 851 Low Gap RoadUkiah, CA 95482707-234-6068
Project No.: Planning doucment Approximate Building Area: 5030 SF