HomeMy WebLinkAbout1999-02-16; City Council; Resolution 99-690 0
RESOLUTION NO. 99-69
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT
OUTLINING AN ACQUISITION STRATEGY FOR THE SALE OF THE
PINE SCHOOL PROPERTY FOR COMMUNITY RECREATION
PURPOSES
WHEREAS, the City of Carlsbad has solicited the sale of the Pine
property from Carlsbad Unified School District (CUSD) for many years as a rr
8 fulfilling the need for parkland in the City’s Northwest Quadrant, and;
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acknowledges the acquisition of parkland in the City’s Northwest Quadrant 10
WHEREAS, the Parks and Recreation Element of the Carlsbad Gene
’I // priority for the goal of park development, and;
l2 Ii WHEREAS, CUSD has indicated a willingness to sell the Pine School prl
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14 order to better meet the facility needs of the students within the District, and;
15 I/ WHEREAS, the City and CUSD have prepared a Memorandum of
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strategy to effectuate the sale of the Pine School property to allow for communit 17
Understanding (a copy of which is attached hereto and made a part of) outlining
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recreation purposes and to aid the facility needs of CUSD. 18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, the following:
1. That the above recitations are true and correct.
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2. That the Mayor is hereby authorized to sign a Memoran
Understanding between the City and CUSD outlining an acc
25 11 strategy for the sale of the Pine School property and,
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3. That the City Council does hereby authorize staff to pursue the ac
of the Pine School property for community recreation purposes a1
to Council for final approval of the sale when specifics of the ac
have been further defined.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Citl
of the City of Carlsbad, California, held on the 16th day of February , 199!
following vote to wit:
AYES: Council Members Lewis, Hall, Nygaard and Kulchin
NOES: None
ABSENT: Council Member Finnila
ATTEST:
, KAREN R. KUNDTZ, Assistant City Clerk
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a e MEMORANDUM OF UNDERSTANDING BETWEEN THE ciw OF CARLSBAD
(CITY) AND THE CARLSBAD UNIFIED SCHOOL DISTRICT (DISTRICT) FOR THE
SALE OF THE PINE SCHOOL PROPERTY
In consideration of the City of Carlsbad's long standing solicitation to acquire the Pine
School site for community recreation purposes; and, in consideration of Carlsbad
Unified School Districts current desire to negotiate the sale of the Pine School property
to more effectively address the facility needs for the students within the District, the
following Memorandum of Understanding (MOU) is offered to each respective Board fa
review, advisement and approval.
This MOU serves to memorialize the collaborative endeavors of staff to date in
promoting good faith efforts while developing strategies and goals to ultimately
accomplish the sale of the Pine School site. Having been the subject of discussion at
the November 18, 1998 City/School Coordinating Committee, it was the
recommendation of both staff and representatives from each respective Board that the
majority of each Board should consider this matter and direct their staff accordingly wit1
respect to the goals and strategies as outlined below:
1. District shall sell the Pine School site to the City for the appraised value prior to
May 31, 1999.
2. An appraisal of the site shall be commissioned to determine a fair and equitable
purchase price for the 7.2 acre site referred to as the Pine School property.
i. .City and District shall seek to retain the appraisal services of a mutually
acceptable, reputable and neutral party at a shared cost.
ii. In an effort to identify a fair and equitable property value, shared input to
the appraisal process from the City and District shall be encouraged.
Issues related to that process wiil include but may not be limited to
utilizing underlying General Plan and Zoning designation (absent public
use of the property), facility demolition and removal, hazardous waste
removal, etc.
iii. In the event either party shall disagree with the appraised value, an
additional appraisal may be commissioned. The total cost of such
appraisal shall be assumed by the requesting party. The actual purchase
price may then require further negotiations, resulting in an inability to me€
the time deadlines stated above.
3. All efforts shall be made to implement the appraisal process and complete the
acquisition in a timely manner to accommodate C.U.S.D.'s need to fund the
acquisition of the Calavera School site.
4. City shall lease back the Pine School site to the District for the continuation of
current District functions occurring on the property. Specifically those functions are
the Carlsbad Village Academy, the Pine School classroom use by elementary
students until their relocation to the Jefferson School, and the District maintenance
functions currently existing onsite. Terms of the lease shall address but may not be
limited to the following:
e e i. A minimum time frame to allow occupancy by the District for all District
functions currently in use on the site shall be two (2) years from the date of purchase.
ii. Relocation efforts shall be actively pursued by the School District and thl
District will waive any rights to reimbursement for relocation expenses.
iii. A fair Lease rate will be negotiated by the parties.
iv. Contingent upon future development plans for the site, adequate notice
for the School District to vacate the site shall be.provided.
v. Indemnification of City will be provided by District during the Lease-back
term.
CARLSBAD UNIFIED SCHOOL DISTRICT .-1
By:
Steve Cade, President
12/29/38
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