POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: X B
MEETING DATE: 10/25/2022
TITLE
Resolution 2022-32 Approving Transfer of the Veteran’s Memorial Building from the County of Mendocino to the City of Point Arena
RECOMMENDED ACTION
Approve or Deny Resolution 2022-32 or direct staff
ANALYSIS
For the past two years, the City of Point Arena has been in negotiations to take ownership of the Veteran’s Memorial Building from the County of Mendocino. It has been a lengthy process.
On May 24, 2022, the City Council approved an Agreement to Transfer ownership of the building from the County of Mendocino to the City of Point Arena for the amount of one (1) dollar.
On July 26, 2022, the City Council approved a Memorandum of Understanding with the County for the County’s continued use of the Sheriff’s Substation. All other MOU’s, such as the one between the City, County, VFW and Coastal Seniors, are now void.
The Veteran’s Building Ad Hoc Committee has requested a meeting with Coastal Seniors to develop a new Memorandum of Understanding for their use of the facility. Items to discuss will include a fair share of utility costs, continued use of the kitchen for congregate meals, rent for said use, and finding a new location for Coastal Seniors’ administrative offices.
The acquisition of the building simplifies the process for obtaining funding for the rehabilitation and renovation of the building. The County will no longer need to be involved with the project. This allows the City to manage the future of the building which is an important asset for the residents of Point Arena and the surrounding area.
FISCAL IMPACT
Likely increased cost for maintenance; possible increase in utility payments and rent by non-governmental occupants.
ATTACHMENTS
• Resolution 2022-32 Authorizing City Manager to Execute Purchase Agreement • Certificate of Acceptance
• Agreement to Transfer between City of Point Arena and County of Mendocino • Memorandum of Understanding between the City of Point Arena and the County of Mendocino
CITY MANAGER SIGNATURE
_________________________________
Paul Andersen, City Manager
RESOLUTION NO. 2022-32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POINT ARENA AUTHORIZING
THE CITY MANAGER TO EXECUTE PURCHASE AGREEMENT FOR REAL PROPERTY, APN# 027-061-04
WHEREAS, the County of Mendocino and the City of Point Arena wish to enter into an agreement to transfer the ownership of the Point Arena Veterans Memorial Building located at 451 School Street, Point Arena, CA 95468 from the County of Mendocino to the City of Point Arena; and
WHEREAS, the City and County have negotiated a purchase agreement that is acceptable to both parties; and
WHEREAS, a Memorandum of Understanding ensuring the use of the building by the Mendocino County Sheriff’s Department has been negotiated; and WHEREAS, securing the property puts the City in a position to rehabilitate and renovate the building for use as a community center.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Point Arena authorizes the City Manager to execute the purchase of real property located at 24000 South Highway 1, APN# 027-061-04.
PASSED AND ADOPTED The foregoing Resolution No. 2020-32 was passed and adopted at a Regular meeting of the Point Arena City Council on the 25 th day of October 2022 by the
following vote. Motion by _______________, Seconded by ________.
Ayes:
Nays:
Absent:
Abstain:
________________________________________
Scott Ignacio, Mayor
ATTEST:
_________________________________
Paul Andersen, City Clerk
Certificate of Acceptance
THIS IS TO CERTIFY that the interest in real property, APN 027-061-04, conveyed by Grant Deed dated ___________from COUNTY OF MENDOCINO to the CITY OF POINT ARENA, a Municipal Corporation, is hereby accepted by Order of the City Council of the City of Point Arena, by the undersigned City Manager on behalf of said City Council, pursuant to authority conferred by RESOLUTION NO. 2020-xx of the City Council of the City of Point Arena, adopted the 25 th day of
October, 2022, and the Grantee consents to recordation of said Grant Deed by its duly authorized City Manager.
DATED: ____________________ ____________________________________ Paul Andersen, City Manager
ACKNOWLEDGEMENT
STATE OF CALIFORNIA, COUNTY OF MENDOCINO:
On ___________________, 2022, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Paul Andersen, known to me , or who proved to me on the basis of satisfactory evidence, to be the City Manager of the City of Point Arena, the corporation described in and that executed the with in instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation, and he acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have set my and affixed my Official Seal on the date hereinabove set forth.
____________________________
NOTARY PUBLIC in and for said
County and State.
Attachment B
BOS Agreement No. 22-135
AGREEMENT TO TRANSFER
The parties hereto, The City of Point Arena, a municipal corporation, hereinafter referred to as "City" and the County of Mendocino, a political subdivision of the State of California, (hereinafter referred to as "County"), agree among themselves as follows:
WHEREAS, Government Code §37461 authorizes a City to "provide and maintain buildings, memorial halls, and meeting places for Veterans' patriotic, fraternal, and benevolent associations"; and
WHEREAS, Military and Veterans §1262 states that any county may provide, maintain, or provide and maintain buildings, memorial halls, meeting places, memorial parks, or recreation centers for the use or benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies; and WHEREAS, Military and Veterans §1262(h) provides that a county may join with any incorporated city in the county in the accomplishment of the above purposes as set forth in Military and Veterans §1262 and to that end hold jointly with such city all property acquired, and expend money in conjunction with such city in accomplishing the above purposes. Title to any property jointly so acquired by a county and a city may at any time be conveyed by either of the Joint owners to the other without consideration other than to carry out the purposes of this section; and
WHEREAS, Military and Veterans §1266 provides that when a city or county has provided for and maintained a building for the benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies, the provision of that facility and its acceptance by such organizations constitute a dedication of that property to a public purpose.
The dedication cannot be revoked unless the organizations have violated the terms and conditions of the dedication, the city or county has dedicated substitute facilities, the organizations have consented to the city or county action, or have abandoned use of the facilities; and
WHEREAS, the County of Mendocino owns and operates a Veterans' Memorial Building located within the incorporated city limits of the City of Point Arena, generally described as Assessor's Parcel No. 027-061-04 and more particularly described in Exhibit A attached hereto, and hereinafter referred to as "Property"; and
WHEREAS, City desires for the County to transfer the Property to the City and is willing to accept said Property, including acceptance of the terms and conditions set forth in this AGREEMENT.
NOW, THEREFORE, we agree as follows:
1. County agrees to transfer to City and City agrees to accept from County the Property, upon completion of all terms and conditions as set forth in this Agreement.
2. Conditions of said transfer include:
6 a. The Property shall be dedicated to a public purpose and must be maintained and made available for use by veteran's organizations in accordance with Division 6, Chapter 2 of the California Military and Veterans Code. This condition shall be stated on the Grant Deed.
b. County shall be able to continue to use a portion of the Property for the Sheriffs substation at no cost to the County. This condition shall be memorialized via a memorandum of understanding between the County and the City to be executed contemporaneously with the property transfer.
3. The transfer price to be paid by City to County for the Property shall be the sum of one dollar ($1.00) plus all related transfer costs, to be paid by City by cash, cashier's check, or bank certified check no later than 2:00 p.m. on the business day before the transfer date.
4. County shall prepare and record a duly executed Grant Deed conveying the Property to the City.
5. Title and possession shall pass upon recordation of the Grant Deed to the extent authorized by law; provided, however, that Coast Seniors, Inc. shall continue their occupancy of the Property subject to the terms of the memorandum of understanding dated July 13, 2011, and amended on November 9, 2018, and all applicable federal, state and local laws and regulations. Recordation of the Grant Deed shall occur not later than thirty (30) days following the execution of this Agreement, unless extended pursuant to the written agreement of both City and County.
6. County makes no warranties of any kind to City that the title conveyed to City will not be encumbered by any easements, licenses, conditions, covenants, restrictions, liens or other rights not disclosed by the public record and known to County or of which County should have known.
7. Purchaser accepts the Property in "AS IS" condition at the date of the Contract of Sale, including, without limitation, any defects or environmental conditions affecting the Property, known or unknown. PURCHASER ACKNOWLEDGES THAT NEITHER
COUNTY NOR ITS AGENTS HAVE MADE ANY WARRANTIES, IMPLIED OR EXPRESSED, RELATING TO THE CONDITION OF THE PROPERTY. County and its agents shall not be responsible for the repair, replacement or modification of any deficiencies, malfunctions or mechanical defects in the material, workmanship and mechanical components of the appurtenant structures and improvements prior or subsequent to closing. County makes no representation or warranty as to the condition of personal property, title to personal property or whether any personal property is encumbered by liens. Purchaser agrees that County shall have no liability for any claim or losses. Purchaser or Purchaser's successors and/or assigns may incur as a result of any condition or other defect which may now or hereafter exist with respect to the Property.
8. In the case of litigation between County and City relating to this transaction, the prevailing party shall be entitled to reasonable attorney's fees, expert witness fees, and court costs.
9. There are no intended third party beneficiaries of this Agreement. 7 10. This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete an exclusive statement of the terms of the Agreement, pursuant to the Code of Civil Procedure, Section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties.
11. Any fees related to this transaction and not specifically addressed within this Agreement shall be paid by the City.
12. To the fullest extent permitted by law, City shall hold harmless, defend and indemnify the County of Mendocino, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, and (2) is caused in whole or in part by any negligent act, omission or willful misconduct of City, City's agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The County may participate in the defense of any such claim without relieving City of any obligation hereunder.
13. The City is advised to avail themselves of legal counsel or land title professional guidance to assure they understand any other documentation needed to clear title along with risks or limitations associated in this agreement. 8 tit
Executed by City this c:J � day of Jt111'< , 20�j._
Executed by County this 13th day of --=J_u_n_e ___ , 2022.._. cou� MENDOCINO
By: __ ]__uJ-+-"""""---------
Ted Williams, Chair, 06/13/2022
Board of Supervisors
ATTEST:
DARCIE ANTLE, Interim Clerk of said Board
By:�Deputy 06/13/2022
I hereby certify that according to the
provisions of Government Code section
25103, delivery of this document has been
made.
By: _ __._ __ ..__ _____ _
Deputy 06/13/2022
INSURANCE REVIEW:
RISK MANAGER
By -7�W\Q.'-.L G__r•(\1-� •
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
COUNTY COUNSEL REVIEW:
APPROVED AS TO FORM:
CHRISTIAN CURTIS,
County Counsel
By: M� K� D�
EXECUTIVE OFFICE/FISCAL REVIEW:
By:;;/���
Deputy CEO
9 EXHIBIT "A"
Property Description
The most Northerly 200.00 feet as measured at right angles to the North line of the following described real property.
A portion of fractional Section 12, Township 12 North, Range 17 West, Mount Diablo Meridian, situate in the County of Mendocino, State of California, and more particularly described as follows:
COMMENCING at an iron pipe at the Southeast corner of land of Arnold L. Ormsbee and Kathleen E. Ormsbee, as shown on the Record of Survey recorded August 17, 1953, in Map Case 1, Drawer 9, Page 147, Mendocino County Records; thence from said point of commencement North 21 ° 22' 50" West, 241.49 feet to the point of beginning; thence from said point of beginning North 34 ° 53' 1 0" West, 195.84 feet to a point; thence North 54 ° 17' 30" West, 448.61 feet to a ¾ inch iron pipe; thence South 88° 02' 40" West, 274.28 feet to a ¾ inch iron pipe; thence South 0
° 39' 1 0" West, 488.8 feet to a point; thence North 84 ° 34' 1 0" East, 760.0 feet, more or less, to the point of beginning.
10 PA#2.3-2-41
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.
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.
COUNTY OF MENDOCINO
JANELLE RAU, Director
General Services Agency
APPROVED AS TO FORM:
CHRISTIAN CURTIS, County Counsel
By: ____________ _
Deputy
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
3 See Signatures on Page 4
IN WITNESS WHEREOF
DEPARTMENT FISCAL REVIEW:
County of Mendocino
Janelle �au, Director1 General ?'1rvice Agency
\..__J/l/', ·u ,(/I_ r;(;·_,,(_, l_ - .
DEPARTMENT HEAD DATE
Budgeted: l:g) Yes D No
Budget Unit: 1610 ------------
Line Item: ------------- N/A
Grant: D Yes 0 No
Grant No.: -------------
DARCIE ANTLE, Chief Executive Officer
. I -,,
'. I f .-, . , � t ( ,. k' ,-, I By:\.., _J .. L
1 I u ... A./ x_ L'f--i-v l__.
PURCHASING AGENT
0&/30/2022
Date: ____________ _
INSURANCE REVIEW:
By: -:-1�0-i'\�) ... L (�\!.}y\1.lJ.t __
Risk Management
0&/30/W.2.2
Date: ____________ _
EXEC�T"'�O:FICE/;1�
By: _..;;;�_.,A....,__ _________ _
Deputy CEO or Designee
0&/30/2022 Date: ____________ _
CONTRACTOR/COMPANY NAME
By: ___________ _
By: __________ _
Date: ____________ _
Date: ____________ _
NAME AND ADDRESS OF CONTRACTOR:
Scott Ignacio, Mayor
Ginerva Chandler, City Attorney
PO Box 67
Point Arena, CA 95468
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
COUNTY COUNSEL REVIEW:
APPROVED AS TO FORM:
CHRISTIAN M. CURTIS,
::."�/�-
Deputy
0&/30/WV..
Date: ____________ _
Signatory Authority: $0-25,000 Department; $25,001- 50,000 Purchasing Agent; $50,001 + Board of Supervisors Exception
Mendocino
to
County
Bid Process
Business
Req
License:
uired/Completed
Valid D
D ______ _
Exempt Pursuant to MCC Section: ________ _
4 See Signature on Page 3
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