HomeMy WebLinkAbout5/2/2012 - STAFF REPORTS - 2G 40�QALM N.
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4</FOR City Council Staff Report
Date: May 2, 2012 CONSENT CALENDAR
Subject: APPROVAL OF AN AGREEMENT AS TO GRANT OF RIGHT-OF-WAY
AND FUTURE REIMBURSEMENT RELATED TO THE PALM SPRINGS
TENNIS CENTER
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City and the Palm Springs Unified School District ("District") have reached
agreement on the terms associated with the granting of rights-of-way to the City for
Hermosa Drive and Baristo Road adjacent to the Palm Springs Tennis Center.
RECOMMENDATION:
1) Approve an agreement with Palm Springs Unified School District for Grant of
Right-of-Way and Future Reimbursement— Palm Springs Tennis Center; and
2) Authorize the City Clerk to accept the grant of rights-of-way for Hermosa Drive
and Baristo Road from the District; and
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City has been working on a federally funded project to extend Hermosa Drive
between Arenas Road and Baristo Road, which includes installation of a storm drain
system. This federally funded project is being administered to benefit the future Agua
Caliente Band of Cahuilla Indians cultural museum. The project requires the City to
formalize right-of-way for Hermosa Drive within the Palm Springs Tennis Center, which
is on property owned by the District, but leased by the City. The City and District have
reached agreement on the District's granting the City rights-of-way for Hermosa Drive
and Baristo Road adjacent to the Palm Springs Tennis Center. The terms of the
agreement were negotiated by the City Attorney's office and District Counsel. Staff
recommends the Council to approve the agreement to allow for the District to grant and
convey required rights-of-way to the City.
rfENA NO.
City Council Staff Report
March 21, 2012- Page 2
Amendment No. 3 to Agreement No. 5235
FISCAL IMPACT:
The terms of the agreement defer payment of the fair market value of the rights-of-way
onto a future owner of the District's property, at the time that future owner may develop
the property. There is no financial obligation of the City itself to make this payment, now
or in the future.
SUBMITTED:
Prepared by: Recommended by:
/2144 /,/,1 12jij-�
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
y-
Thomas J. Wilspfi, Asst. City Manager David H. Ready, City-M er
Attachments:
1. Agreement
002
AGREEMENT
AS TO GRANT OF RIGHT-OF-WAY
AND FUTURE REIMBURSEMENT
PALM SPRINGS TENNIS CENTER
THIS AGREEMENT is made by and between the City of Palm Springs, a
California charter city ("City'), and the Palm Springs Unified School District, a public
school district of the state of California ("District'), effective this day of
, 2012.
RECITALS
A. District is the owner of a parcel of land in the City of Palm Springs (the 'Property"),
which is approximately 9.22 acres, identified by Assessor's Parcel Number 508-100-
024, and more particularly described in Exhibit A attached hereto and incorporated
herein.
B. City and District entered into a Lease and Agreement on or about August 7, 1974,
(the "Lease") which granted City a leasehold interest over approximately 7 acres of
the Property for recreational purposes. A copy of the Lease is included as Exhibit B
attached hereto and incorporated herein.
C. City and District have extended the Lease through the end of its original term of 36
years, to June 30, 2010, in accordance with the provisions therein.
D. City and District executed Amendment No. 1 to the Lease on January 12, 2010,
extending the term of the Lease an additional 2 years to June 30, 2012.
E. City and District have approved Amendment No. 2 to the Lease, extending the term
of the Lease an additional 3 years to June 30, 2015.
F. Section 7 of the Lease states:
The City may require the construction of portions of three streets for its use of this
property. If the City makes such a determination, the City agrees to construct the
portions of the streets at its sole expense. The District agrees to grant necessary
street rights of way in the event the street construction is required by the City, as
follows:
(a)A width of 30 feet along the length of the Westerly property line.
(b)A width of 40 feet along the length of the Southerly property line.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
Page 1 of 6 003
(c) A width of 40 feet along the length of the Northerly property line.
G. At all times relevant to the Lease and its extensions, the provisions of Section 7 of
the Lease have applied.
H. City has developed and operated the leased area of the Property as a public tennis
complex consistent with the terms of the Lease, and in 1975 completed construction
of street improvements on Baristo Road adjacent to the Southerly property line at its
sole expense to facilitate operation of the public tennis complex in accordance with
the terms of the Lease.
I. City has determined it requires the construction of street improvements on Hermosa
Drive adjacent to the Westerly property line, and has initiated a capital improvement
project to extend Hermosa Drive between Arenas Road and Baristo Road consistent
with its General Plan.
J. In accordance with Section 7 of the Lease, by letter dated October 27, 2010, City
requested District to grant necessary street rights of way along the Westerly and
Southerly property lines to accommodate the planned street improvements on
Hermosa Drive and the existing street improvements on Baristo Road. A copy of
City's letter is included as Exhibit C attached hereto and incorporated herein.
K. District, by letter dated January 10, 2011, responded to City's request by requiring
City to obtain an appraisal and to offer District fair market value for the requested
street rights of way. A copy of District's letter is included as Exhibit D attached
hereto and incorporated herein.
L. City has asserted that Section 7 of the Lease requires District to grant the requested
street rights of way and excludes any requirement for City to compensate District.
M. District has asserted that Section 7 of the Lease does not explicitly state that District
shall grant the requested street rights of way without payment of just compensation.
N. City has completed an appraisal of the District's Property, dated November 29,
2011, prepared by Raymond L. Dozier, MAI, (the "Appraisal"). The Appraisal has
determined a fair market value of the District's Property of$8.26 per square foot.
O. The area of right of way required to formalize the existing street improvements on
Baristo Road is approximately 10,768 square feet. The area of right of way required
to dedicate the proposed street improvements on Hermosa Drive is approximately
21,333 square feet.
P. The Parties acknowledge and agree that any future development or intensification of
use of the Property would require the dedication and improvement of street rights-of-
way on Baristo Road and Hermosa Drive contemplated in this agreement.
Dedication of these rights-of-way and installation of street improvement prior to such
Agreement as to Dedication of Right-of-Way— Palm Springs Tennis Center
Page 2 of 6 004
development or intensification of use confers a substantial benefit for any
subsequent developer of the Property. It is the desire of the Parties, to the
maximum extent permitted under the law, to provide a mechanism by which costs
associated with or deffered as a result of such dedication and improvement can be
recovered or recouped.
Q. The Parties are amenable to working together to resolve their differences regarding
granting of the requested street rights of way while allowing City to move forward
with its capital improvement project which directly benefits District's Property.
NOW THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the Parties agree as follows:
1. District agrees that the existing street improvements on Baristo Road are long
established and have perpetuated the City's enjoyment and use of District's Property
consistent with the terms of the Lease, and that the fair market value of the right of
way to formalize Baristo Road is $0.
2. District agrees to the current fair market value of $8.26 per square foot determined
by City's Appraisal, and that as of the effective date of this Agreement, the just
compensation for the dedication of right of way for Hermosa Drive is $176,210.58.
3. Upon execution of this Agreement, District agrees to execute a Grant of Right-of-
Way conveying to City the rights of way for Hermosa Drive and Baristo Road,
included as Exhibit E attached hereto and incorporated herein, under the following
conditions:
a. This Agreement shall be recorded with the Riverside County Recorder to
sufficiently encumber the obligations outlined herein upon successors and
assigns of District's Property.
b. At such time as District conveys the Property to a third party (the "Future
Owner"), and the Future Owner (or its agent) applies for discretionary
entitlements from City for development of the Property, the City shall include
therein City's ordinary and reasonable conditions of approval an obligation to
reimburse the District the then current fair market value for the dedication of right
of way for Hermosa Drive, as determined by a certified appraiser mutually
agreeable to the District and Future Owner and which amount shall be no less
than $176,210.58 ("Reimbursement Amount:").
c. Upon the Future Owner's satisfaction of City's obligation to reimburse the District,
the City shall coordinate with the Future Owner to make payment of the
Reimbursement Amount to the District as a condition precedent to receiving final
City approvals related to a discretionary entitlement granted to the Future Owner
for the Property.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
Page 3 of 6 005
4. This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such county, and the Parties
agree to submit to the personal jurisdiction of such court in the event of such action.
5. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the Parties. The terms
of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654) that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
6. Any notice, demand, request, consent, approval, or communication that either party
desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the
address set forth below. Notice shall be deemed communicated seventy-two (72)
hours from the time of mailing if mailed as provided in this Section. Either party may
change its address by notifying the other party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To District: Palm Springs Unified School District
Attention: Superintendent
980 E. Tahquitz Canyon Way
Palm Springs, California 92262
7. No amendments or other modifications of this Agreement shall be binding unless
through written agreement by all Parties.
8. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law. In the event that any one
or more of the phrases, sentences, clauses, paragraphs, or sections contained in
this Agreement shall be declared invalid or unenforceable by valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections
of this Agreement, which shall be interpreted to carry out the intent of the parties.
9. Except as may be expressly provided for in this Agreement, nothing contained in this
Agreement is intended to confer, nor shall this Agreement be construed as
conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center
Page 4of6 006
10.District shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employes from any claim, action, or proceeding against the City
of Palm Springs or its agents, officers, or employees to attack, set aside, void, or
annul any action of the City to implement the provisions of this Agreement including
without limitation any imposition of conditions of approval of any entitlement on the
Project as required under the terms of this Agrement.
11. Nothing in this Agreement shall be construed or interpreted as limiting the ability or
the right of the District and any subsequent owner of the Property from negotiating a
waiver or release of the provisions of this Agreement.
12. District shall disclose the terms of this Agreement to any purchaser of the Property
prior to the sale of the Property.
13.The above-referenced Recitals are hereby incorporated into the Agreement as
though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
14.The persons executing this Agreement on behalf of the Parties warrant that they are
duly authorized to execute this Agreement on behalf of Parties and that by so
executing this Agreement the Parties are formally bound to the provisions of this
Agreement.
* * * SIGNATURES ON NEXT PAGE
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center 007
Page 5 of 6
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date:
By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attorney City Clerk
"DISTRICT"
Palm Springs Unified School District
Date:
By:
Christine J. Anderson
Superintendent
APPROVED AS TO FORM: ATTEST
By: By:
Clarissa Canady,
Special Counsel
Dannis Woliver Kelly
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center 008
Page 6 of 6
EXHIBIT "A"
Legal Description of Property
That certain real property in the City of Palm Springs, County of Riverside, State of
California, more particularly described as follows:
The Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section
14, Township 4 South, Range 4 East, San Bernardino Meridian, in the City of Palm
Springs, County of Riverside, State of California.
Excluding therefrom that portion of said Southwest Quarter of the Northeast Quarter of
the Southeast Quarter of Section 14, described as follows:
Beginning at the Southeast comer of said Southwest Quarter of the Northeast Quarter
of the Southeast Quarter; thence Northerly along the Easterly line thereof, a distance of
461.00 feet; thence Westerly, parallel with the South line of said Southwest Quarter of
the Northeast Quarter of the Southeast Quarter, a distance of 220.00 feet; thence
Southerly, parallel with the Easterly line of said Southwest Quarter of the Northeast
Quarter of the Southeast Quarter, a distance of 461.00 feet to the Southerly line of said
Southwest Quarter of the Northeast Quarter of the Southeast Quarter; thence Easterly,
along said Southerly line, a distance of 220.00 feet to the Point of Beginning.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center 009
Exhibit A
EXHIBIT "B"
Lease Agreement
The City and District Lease Agreement follows this page.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center 010
Exhibit B
P.S. Unified School lease 7 acres
to City for Tennis Complex
AGREEMENT #1079 (Original 8-7-74)
MO #2236, 8-7-74
LEASE AND AGREEMENT -
PALM SPRINGS UNIFIED SCHOOL DISTRICT of RIVERSIDE COUNTY hereby
leases to the CITY OF PALM SPRINGS the real property hereinafter de-
scribed upon the following terms and conditions:
1. The real property herein leased consists of approximately
seven (7) acres of unimproved land in the City of Palm Springs, County
of Riverside, State of California, described as follows:
The Southwest Quarter of the Northeast Quarter of the
Southeast Quarter of Section 14, T.4S, R.4E, S.B,B. & M„
in the City of Palm Springs, County of Riverside, State
of California.
Excepting therefrom that portion of said Southwest Quarter
of the Northeast Quarter of the Southeast Quarter of Sec-
tion 14, described as follows:
Beginning at the Southeast corner of said Southwest Quarter
of the Northeast Quarter of the Southeast Quarter; thence
Northerly along the Easterly line thereof, a distance of
461.00 feet; thence Westerly, parallel with the South line
of said Southwest Quarter of the Northeast Quarter of the
Southeast Quarter, a distance of 220.00 feet; thence
Southerly, parallel with the Easterly line of said South-
west Quarter of the Northeast Quarter of the Southeast
Quarter, a distance of 461.00 feet to the Southerly line
of said Southwest Quarter of the Northeast Quarter of the
Southeast Quarter; thence Easterly, along said Southerly
line, a distance of 220.00 feet to the Point of Beginning.
2. The term of this lease shall be three (3) years commencing on
July 1, 1974. The City shall have the option to renew said lease for an
additional term of three (3) years, which shall be deemed automatically
exercised upon the payment of the rent for the last year of the original
term, unless concurrently therewith the City shall notify the District
in writing that it does not desire to renew. The City shall have the
option in like manner to renew for successive periods of three (3) years,
but this lease shall not continue past a total of thirty-six (36) years.
All renewals shall be upon the same terms and conditions as the original
term.
011
3. The rent for the leased premises shall be at the annual rate
of One Hundred Fifty Dollars ($150.00), payment to be made on or about
December 15 of each year.
4. The premises leased shall be used exclusively for recreational
purposes. The City shall have the right to construct and maintaia
buildings on the premises, which shall at all times belong to the City.
Such buildings may be removed by the City on the expiration of this
leave or die term of the last renewal, and if nor so removed within 90
days of the expiration date, shall become the property of the District.
Such buildings and any other facilities installed by the City shall be
for recreational purposes. Any improvements made by City shall contorm
to City standards and requirements of lam. They shall be maintained in
a safe and sightly condition consistent with other buildings owned by
the city.
5. City shall hold the District harmless from all liability for
personal injury or property damage arising out of the use or possession
of the premises by the City. In addition, the City shall have the
bistzict named as an additional insured on its public liability policy
for liability claims arising from use of the premises herein demised.
5. It is understood that the City intends to use the property as
a public temis complar., possibly including enclosed handball courts.
The City may enter into concession or other sirilar agreements with -
other indzviduale to manage the operations of the complex.
7. The City may require the const"ttion of portions of three
streets for its use of this property. If the City =kes such a deter-
- urination, the City agrees to construct the portions of the streets at
its sole eNpense. The District agrees to grant necessary street rights
of way in the event the street construction is required by the City,
as fnlloaa:
-Z_
012
(a) A width of 30 feet alone the length of the Westerly
property line.
(b) A width of 40 feet along the length of the Southerly
property line.
(c) A width of 40 feet along the length of the Northerly
Property lice.
8. District will cooperate with the City in, the proVi.dim8 of
necessary casements as may be required by utility companies to service
their lines and equipment which may be located on the site.
9. Except as herein provided, the ➢istriet shell have np ether
respbw-Ibility to City rscept to insure to the City the quiet enjoyment
of the premises.
10. This lease shall inure to the beue£it of and be binding upon
the lawful successors and assigns of the respective parties.
MCDTED AT palm Springs, California on /t-:1-/jw»6 -7 0 1974.
U
ATTEST: CITY CP PALM SPRINGS, CALIPORNIA
Deputy City Cleric City Manage
RLVIWFD & APPROVED
PALM SPRINGS UNIFIED SCHOOL DISTRICT
or RIVERSIDE COUNTY
APPROVED BY THE CITY COUNCIL
BYES.NO. aD.�L 74/ Superintendent o44'chools
-3-
013
Amend 1 to A1079
AMENDMENT NO. 1 TO LEASE AND AGREEMENT BETWEEN PALM SPRINGS
UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS
This Amendment ("Amendment") to the Lease and Agreement ("Agreement') by and
between Palm Springs Unified School District("District") and the City of Palm Springs ("City")
dated August 7, 1974 is hereby made and entered into as of this 2—day of un0 010 and
shall become effective as of the I"day ,of)uly,2010("Effective Date") as follows:
WHEREAS, the District and City entered into the Agreement for purposes of allowing
the City to lease the District's property located on Baristo Road, Palm Springs, CA ("Property");
and
WHEREAS,the City desires to extend the term of the Agreement; and
WHEREAS, the District is willing to allow for such extension, subject to certain terms
and conditions set forth in this Amendment.
NOW,THEREFORE,DISTRICT AND CITY HEREBY AGREE AS FOLLOWS:
1. Lease and Agreement The District and. City represent and warrant that the
aforementioned Agreement is the true, correct and complete Agreement and that there have been
no written or oral amendment(s)to the Agreement. All capitalized terns not otherwise defined
herein shall have the meanings given in the Agreement. A copy of the Agreement is attached
and incorporated as Exhibit"A."
2. Term. The tern of the Agreement is extended for two (2) additional years from the
expiration of the current renewal tern. The Agreement shall terminate on June 30, 2012 unless
the parties mutually agree to extend the Agreement. After the first year, the District or City may
terminate the Agreement upon ninety(90)days written notice to the other party.
3. Rent. Section 3 of the Agreement is revised as follows:
The rent for the leased premises shall be at the annual rate of Forty
Six Thousand Five Hundred and Two Dollars ($46,502.00),
payment to be made on or before July 1 st of each year.
4. Assignment or Sublease. The City may assign or sublet this Agreement or any right or
privilege the City might have under this Agreement,so long as it obtains the prior written
consent of District, which consent may be withheld and/or conditioned at the discretion of the
District. In lieu of the termination or expiration of the Agreement, City shall assign this
agreement to a third party, at District's discretion.
5. Binding Effect: Partial Invaliditv. This Amendment shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns. If any provision of
this Amendment shall be held invalid or unenforceable by a court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Amendment or
the Agreement.
014
G. Full Force and Effect_ No Other Amendments. The Agreement is hereby modified
with respect to the terms set forth herein, and any other portion thereof as necessary to
implement the foregoing. Except as specifically set forth in this Amendment,the land age of the
Agreement shall remain unmodified and in full force and effect as executed by the parties.
7. Counterparts, This Amendment may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an original and all
of which shall constitute one and the same instrument.
g. Inconsistencies. In the event of any inconsistency between the terms of this Amendment
and those of the Agreement, the terms of this Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
015
IN R'ITNESS '*i'HEREOF, the parties have, by their duly authorized representarives,
executed this Amendment, in duplicate, as of the Effective Date set forth above, and agree that
this Amendment shall constitute binding modifications to the Lease.
PALM SPRINGS UNIFIED SCHOOL DISTRICT
By: fl 4A�
Name: ames Novalc
Its: Assi t Supeziatendent of Business Services
CITY OF PALM SPRINGS
By:
Name:Mr.David H. Read} , Ph.D.
Its: City Manager
APPROVED BY C11Y COUNCIL
ATTEST.
James Thompson
City Clerk
APPRO D AS TO FORM:
By:
N : Doug]KC- WtlaiW Esq-
Its_ City ttoruey
016
i
PALM SPRINGS UNIFIED SCHOOL DISTRICT
AMENDMENT No. 2
TO LEASE AND AGREEMENT No A1079
This Amendment No.2 dated September 02,2011 to Lease and Agreement No.A1079 between the Palm
Springs Unified School District and City of Palm Springs herewith attached and incorporated to the terms
and conditions of the original agreement and any previous amendment(s).
[x] This amendment represents a change to services described as follows:
Amendment No. 1—Item 2"Term"
The Lease and Agreement shall terminate on June 30,2015 unless the parties mutually agree to
extend the Agreement.
[x] This amendment represents a change in compensation described as follows:
No Change to compensation
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT AND ANY PREVIOUS
AMENDMENT(S) SHALL REMAIN THE SAME.
City of Palm Springs Palm Springs Unified School District ,
Signature Date Date
David H. Ready, Esa Ph IS- C uy manager
Print Name and Title Christine J. Anderson,Ed.D., Superintendent
760-322-8350 September 27,2011
Phone Date of Board of Education Approval
APPRO AS TO FORM:
City Att rney Date
ATTEST:
APPROVED BY CITY COUNCIL
o9/tt�It
r is zotl 2• N• f�1a.i9
Clerk Date
Ameodment No 2 to A107
017
EXHIBIT "C"
City Letter Requesting Right of Way
A copy of the City's letter follows this page.
Agreement as to Dedication of Right-of-Way— Palm Springs Tennis Center
Exhibit C 018
1
OF ?ALM Sp
P"Z City of Palm Springs
U N
Department of Public Works and Engineering
• o,, e' . 3200 East Tahquitz Canyon Way-Palm Springs,California 92262
o....o Tel: 760 323-8253•Fax: 760 322-8325-Web:w . al nn soa. ov
C,y</FO RN�P t ) t ) P �p � g S
June 7, 2011
Ms. Julie Arthur
Executive Director
Facilities Planning and Development
Palm Springs Unified School District
980 East Tahquitz Canyon Way, Suite 202
Palm Springs, California 92262
Re: Dedication of Right-of-Way for Baristo Road and Hermosa Drive
Palm Springs Tennis,Center; APN 508-100-024
Dear Ms.Arthur,
As you know, the Palm Springs Unified School District ("District") entered into a lease
agreement ("Lease Agreement") with the City of Palm Springs ("City")on August 7, 1974, for a
parcel of District-owned land. As a part of that Lease Agreement, the District agreed to grant
necessary street right-of-way in the event that street construction is required by the City.
informed you in my letter on October 27, 2010, that the City is pursuing plans to extend
Hermosa Drive from Arenas Road to Baristo Road, and that it is necessary for the District to
grant the required 30 feet of right-of-way for Hermosa Drive ("right-of-way") pursuant to the
terms of the Lease Agreement. In your response, dated January 10, 2011, you indicated that it
would be necessary for the City to have an appraisal based on fair market value prepared for
just compensation of the easement area and submit the appraisal with a corresponding offer
letter to the District. I forwarded your letter to our City Attorneys office for review and
consideration.
In a subsequent telephone conversation your attorney, Clarissa Canady, indicated to the City's
Assistant City Attorney, Christina Petteruto, that the Lease Agreement is silent regarding
payment, and that the District may therefore require the City to pay just compensation for the
right-of-way. Notwithstanding this position, Ms. Canady indicated to Ms. Petteruto that she
would discuss the issue with the District and provide a response. Despite numerous attempts
by Ms. Petteruto to contact Ms. Canady since that time, we have not received any response.
The City maintains its position that the granting of the right-of-way was negotiated as part of the
terms of the Lease Agreement, and that payment by the City is not required. I have again
enclosed a Grant of Right-of-Way Deed to facilitate the District's granting of right-of-way for
Baristo Road and Hermosa Drive. The District's cooperation in granting the right-of-way as
soon as possible is appreciated.
019
i
Ms.Julie Arthur
June 7, 2011
Page 2
If you have any questions, please feel free to contact me at(760)323-8253, extension 8744, or
by e-mail at Marcus.Fuller@palmspringsca.gov.
Sincerely,
/k t.., q
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
i
enc
I
CC.' Christina Petteruto
file
020
EXHIBIT "D"
District's Letter
A copy of the District's letter follows this page.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center Q 21
Exhibit D
PALM SPRINGS UNIFIED SCHOOL DISTRICT
0
980 EAST TAHQUITZ CANYON WAY
JUN 2� 29tl PALM SPRINGS, CALIFORNIA 92262-0119
(760) 416-6000
=�r;�neerm�''Fvc�
BOARD OF EDUCATION: JUSTIN BLAKE,President-GARY JEANDRON,Clerk
RICHARD CLAPP,Member-KAREN CORNETT,Member-SHARI STEWART,Member
June 16, 2011
Mr. Marcus Fuller
Assistant Director of Public Works
Assistant City Engineer
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
RE: Dedication of Right-of-Way for Baristo Road and Hermosa Drive
Palm Springs Tennis Center; APN 508-100-024
Dear Mr. Fuller:
The Palm Springs Unified School District (District) is in receipt of your June 7, 2011 letter requesting a
dedication of a Right-of-Way for the above mentioned property. Per our conference call with legal counsel
on June 13, 2011, the District maintains its position that it is entitled to just compensation for granting the
right-of-way.
As stated in my January 10, 2011 letter, upon receipt of the offer letter, I will do my best to facilitate
granting the right-of-way as soon as possible. The California Education Code process for granting a right-
of-way requires two Board meetings; one for the notice of public hearing to grant a right-of-way and one
following meeting which dedicates the grant of right-of-way. Please be aware, the District has only one
Board meeting during the summer months of July and August. I can be reached at 760/416-6113 if you
have any questions.
Sincerely,
e�2�
J_xecutive
rthur
Director
acilities Planning& Development
JA:dd
cc: James Novak
Clarissa Canady
022
EXHIBIT "E"
Grant of Right of Way
The Grant of Right of Way document follows this page.
Agreement as to Dedication of Right-of-Way—Palm Springs Tennis Center 023
Exhibit E
Recording
Requested by and
After Recording
Return to:
City Clerk
City of Palm Springs
Box 2743
Palm Sotinos CA 92263 (FOR RECORDERS USE ONLYI
Pursuant to Govemmerd Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply.
File No. R 10-15 NO DOCUMENTARY STAMPS NEEDED
GRANT OF RIGHT-OF-WAY
For a valuable consideration, receipt of which is hereby acknowledged, Palm Springs Unified
School District, a public school district of the state of California, GRANTOR, hereby grants to
the City of Palm Springs, a California charter city and municipal corporation, GRANTEE, a right-of-
way for streets, highways, underground sewers, public utility installations and other appurtenant uses,
together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for
public use, in, on, under, over and across the real property in the City of Palm Springs, County of
Riverside, State of California, described as follows:
Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a
part hereof.
Dated: Palm Springs Unified School District, a
public school district of the state of
California
By
James Novak, Assistant Superintendent
024
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY SIGNER
County of ❑ INDIVIDUAL(S)
❑ CORPORATE
On before me, OFFICER(S)
Date Name, Title of Officer TITLE(S)
personally appeared
NAME(S) OF SIGNER(S) ❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ who proved to me on the basis of satisfactory evidence to be the person(s) ❑ TRUSTEE(S)
whose name(s) is/are subscribed to the within instrument and acknowledged to ❑ SUBSCRIBING WITNESS
me that he/she/they executed the same in his/her/their authorized capacity(ies), ❑ GUARDIAN/CONSERVATOR
and that by his/her/their signatures(s) on the instrument the person(s), or the ❑ OTHER
entity upon behalf of which the person(s)acted, executed the instrument. SIGNER IS REPRESENTING:
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of
this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
025
EXHIBIT "A"
STREET RIGHT-OF-WAY FOR
BARISTO ROAD AND HERMOSA DRIVE
A right-of-way for public streets, highways, underground sewers, public utility
installations and other appurtenant uses located in the West Half (WY2) of the
Southwest Quarter (SW'/) of the Northeast Quarter (NE'/<) of the Southeast
Quarter (SE%) of Section 14, Township 4 South, Range 4 East, San Bernardino
Meridian, in the City of Palm Springs, County of Riverside, State of California,
more particularly described as follows:
Beginning at the southwest corner of the West Half (WY2) of the Southwest
Quarter (SWY<) of the Northeast Quarter (NE%) of the Southeast Quarter (SE'/<)
of Section 14, Township 4 South, Range 4 East, San Bernardino Meridian, said
point also being the centerline intersection of Baristo Road and Hermosa Drive;
Thence, North 00008'42" West, a distance of 656.12 feet along the westerly line
of said West Half (WY2), and along said centerline of Hermosa Drive, to a point at
the centerline intersection of Arenas Road and Hermosa Drive, said point also
being the northwest corner of said West Half(WY2);
Thence, North 89044'20" East, a distance of 30.00 feet along the northerly line of
said West Half(W'/);
Thence, South 00008'42" East, parallel with the westerly line of said West Half
(W'/), a distance of 586.08 feet;
Thence, South 45014'16" East, a distance of 42.36 feet to a point located 40.00
feet northerly of the southerly line of said West Half (WY2);
Thence, North 89040'10" East, parallel with the southerly line of said West Half
(WY:), a distance of 269.21 feet to a point on the easterly line of said West Half
(W'/a);
Thence, South 00008'17" East, a distance of 40.00 feet along the easterly line of
said West Half (WY2) to the southeast corner of said West Half (WY2.), said point
also being on the centerline of Baristo Road;
Thence, South 89040'10" West, a distance of 329.21 feet along the southerly line
of said West Half (WY2) and the centerline of Baristo Road to the southwest
corner of said West Half (WY2) and the Point of Beginning.
Subject to existing easements, covenants, rights and rights-of-way of record.
Containing 32,102 square feet or 0.737 acres, more or less.
026
EXHIBIT "A"
(Continued)
STREET RIGHT-OF-WAY FOR
BARISTO ROAD AND HERMOSA DRIVE
Exhibit "B" attached hereto and by this reference made a part hereof.
Prepared by or under the direction of:
oyy\��5 LAlk2a
CG„a
Marcus L. Fuller P.L.S.7987 a 3I fl
/0)124/0 Exp. 1 2113 1/1 0 *� 3
q�OF OAl-����
027
EXHIBIT "B" N
l i l I W E
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130 01 I S
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' N 89'44'20" E - 30.00`
ARENAS ROADco
— — — —
W o
coLn
Co
EXP
3( !J * Q 'cc
� D
OFCAt� �G.
I 4
'
- - '30" S 00'08'17" E
40.00'
BAR/STO ROAD6
P.O.B.
S.W. COR. V612 I � - - - - - - - - - - -
SWYa NFY4 SEY4 I RIGHT-OF-WAY
SEC. 14 T.4S. R.4E. TO BE ACQUIRED
FAL4 APPROVED: 27 U
CITY OF PALM SPRINGS DA
H PUBLIC WORKS & ENGINEERING r 111,1114 / 7987
DEPARTMENT AST. DIRECTOR OF PUBLIC WORKS/ P.L.S.
ASST. CITY ENGINEER
HERMOSA DRIVE DESIGN BY: SCALE: FILE NO.
LEGAL DESCRIPTION: F.U.P. 1. = 150' R 10-15
SEE EXHIBIT "A" CHECKED BY: PROJECT NO. SHEET NO.:
M.L.F. 1 OF 1
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