ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by: Bill Tuck, Right-of-Way Agent Meeting Date: August 12, 2025 Approved by:
Greg Mayer, Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: FIRST AMENDMENT TO THE AGREEMENT FOR SHARED USE OF FACILITY WITH
VISTA IRRIGATION DISTRICT
RE
COMMENDATION: Adopt City Council Resolution No. 2025- , approving the First Amendment to the agreement for shared use of facility between the City of Vista and Vista Irrigation District.
CO
RRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
P
RIOR CITY COUNCIL ACTION: On May 27, 1997, the City Council approved Resolution No. 97- 61 approving an agreement for shared use with and grant of an easement to Vista Irrigation District and authorizing the Mayor to execute said documents of behalf of the City (Vote: 5-0).
S
TATEMENT ON THE SUBJECT: In May of 1997, the City entered into an agreement with the Vista Irrigation District (VID) allowing shared use of a building and water distribution facilities located on property owned by the City at 1962 E Vista Way (formerly 1070 Old Taylor Street). Under the agreement, VID is the sole owner of the building and the City uses a portion of the building for fire station storage.
The C
ity is now undertaking a project to demolish and reconstruct Fire Station No. 3 on the property and desires to paint the building and roof to match the exterior features of the future reconstructed Fire Station.
The First Amendment to the agreement will memorialize VID’s consent to the City’s work on the building.
VID’s Board has approved and signed the amendment (Exhibit 2).
F
ISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Resolution No. 2025- , approving the First Amendment to the agreement for shared us e of
facility between the City of Vista and Vista Irrigation District.
2. First Amendment
3. Original Agreement
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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00029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT FOR SHARED USE OF FACILITY WITH VISTA IRRIGATION
DISTRICT
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On May 27, 1997 the City entered into an agreement with the Vista Irrigation District allowing shared use of a building and water distribution facilities located on property owned by the City at 1962 East Vista Way (formerly 1070 Old Taylor Street).
B. The City now desires to amend the agreement with the Vista Irrigation District to paint the building and roof to match the exterior features of the future reconstructed Fire Station on the property.
2. Action.
A. The First Amendment to the agreement between the City of Vista and Vista Irrigation District for shared used of facility is approved and the Mayor is authorized to execute the amendment.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 12, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250730170728
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
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EXHIBIT 2
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AGREEMENT FOR SHARED USE OF FACILITY
This Agreementis entered into between the Vista Irrigation District (' District') and the City of Vista (' City') and approvedby the District's Board of Directors at the meeting of June 4, 1997 and the Vista City Cotmcil atthe meetingof lemy 27, 1997 in view of the following:
The District desires to construct a building and water distribution facilities on property owned by the City at 1070 Old Taylor Street, A floor plan of the proposed building and distribution facilities is shown on ' Exhibit A' attached hereto and made a part hereof by reference. The building will mutually benefit the District and the City.
The City has granted an easement in favor of the District for the construction, operation, and maintenance of said building and facilities togetherwith the fight of ingressthereto and egress therefrom by practical route.
Now, Therefore, in consideration of the foregoingand mutual obligations of the parties herein, District and City agree as follows:
The District will be solelyresponsiblefor all costs associated with the designand construction of the buildingand District facilities above and below ground. The building exterior architectural features will match those of the newly remodeled Fire Station. The City shall review and approve buildingplans as to compliancewith exterior materials and architectural features prior to construction at no cost to the District.
The City shall have an irrevocable license to use that portion of the building shown as ' Storage Area For Fire Station' on Exhibit A. City shall not interfere with the nonnai operation of District's facility. The District is the sole owner of the building.
The City will be solelyresponsiblefor all routine maintenance of the interior portion of the building shown as ' Storage Area For Fire Station". The District shall be solelyresponsiblefor all maintenance of the buildingexterior and the interior portion of the buildingshown as ' Pressure Redudng Station" on Exhibit A. The District shalt maintain the exterior of the building in good condition, including but not limited to the removal of graffiti within seven ( 7) daysof receipt of notice.
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EXHIBIT 3
o
o
o
The City and the District agree not to store any hazardous materials, as defined in the latest edition of the Uniform Fire Code, within the building unless such hazardous material is stored in an approved container meeting the requirements of the Uniform Fire Code. Hazardous materials storage shall not exceed amounts allowed in the Uniform Building Code, Chapter 3.
The building will have a separate electrical service provided by the San Diego Gas Electric Company. The San Diego Gas & Electric Companyaccount shall be the sole responsibility of the District.
The District shall be solely responsible for the restoration, in kind, of any and all existing landscaping or other existing City improvements disturbed or destroyed by the construction of this facility excludingthose improvements located within the area to be occupied by the facility.
This Agreement is made between the District and the City and may not be assigned without written approval of the non- assigningparty. Such approval by the non- assigningparty shall not be unreasonablywithheld.
This Agreement represents the entire understanding of the District and the City as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement shall not be modified, altered or terminated except in writing signedby both parties.
The District shall save, indenmify and hold harmless the City against any liability, loss, cost, damageand expense caused by or atising from ( I) an act(s) or omission(s) of District, its employees, agents, contractors, successors and assignsor ( ii) the location and existence of District's above and below ground facilities, whether defective or othenvise; including, but not limited to any such loss, cost, damage, liability and expense arising from damageto or destruction of real and personal property or injury to or death of any person. Notwithstanding the forgoing, the District shall hold harmless the City againstdamageto or destruction of Districts facilities caused by an act(s) of a third party(s).
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10. In the event either party commences legal action against the other relating to the subjectmater of this agreement the prevailingparty shall be entitled to recover court costs and attorney's fees as set by the court.
Vista Irrigation District City of Vista
Gloria £ McClellan,
Mayor
ApprovedAs To Form
Kent H. Foster,
General Council
Attest:
l~ SeiBert,
City Clerk
o Form
MUST BE NOTARIZED
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30" PIPE
TO EAST
VISTA WAY
I
30" PIPE
20'- 8"
DOOR
FLOW
METER
ACCESS I
DOOR
9'.- 4"
STORAGE AREA
FOR
FIRE STATION
E PRV
16" CLA- VAL
SCALE: 1/ 4"= 1'- 0"
6- 16
E PRS
LAYOUT
FIGURE 6~7
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ALIFORNIA ALL- PURPO~ ACKNOWLEDGMENT
State of California
County of San Dieqo
On May 1, 1997 beforeme,
personally appeared Joh'z A. Amodeo
Gilbert Aquilera, Notary Public
Name and Title of Officer ( e. g., " Jane Doe, Nota~ Public") Name(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(.~-) whose name(.~.) is/ arc.subscribed to the within instrument and acknowledged to me that he,'.~, ,~.c/*,~ey executed the same in his/. hedt.~eir authorized capacity(icc), and that by his/ hcr/fi'~ r signature(a) on the instrument the person(e), or the entity upon behalf of which the person(.s-) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~
v~ Public
OPTIONAL
Though the information below is not required by/ aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Aqreement for Sabred Use of Facility Document Date: May 1, 1997 Number of Pages: 3
Signer(s) Other Than Named Above: Gloria E, McClellan, Jo Siebert, J. WayneDernetz and Kent Foster
Capacity(ies) Claimed by Signer(s)
Signer's Name: John A. Amodeo
Individual
Corporate Officer
Title(s):
Partner-- [] Limited [] General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other: _ Ge~n. eral Manager
Signer Is Representing:
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Signer's Name:
Individual
Corporate Officer
Title(s):
Partner-- [] Limited [] General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
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1996 National Notary AsSOciation · 8236 Remmet Ave., P. O. Box 7184 * Canoga Park, CA 91309- 7184 Prod No 5907 Reorder: Call Toll- Free 1- 800- 876-6827 08/12/2025
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