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HomeMy WebLinkAboutCarlsbad Unified School District; 1999-10-22; MOU’ ,r 1 .a e : r -. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD (CITY) AND THE CARLSBAD UNIFIED SCHOOL DISTRICT (DISTRICT) FOR THE SALE OF THE PINE SCHOOL PROPERTY In consideration of the City of Cartsbad’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 for 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 with 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 will 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 meet 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: P - *‘A l -- . l m ,, - 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 the 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 By: & ti Steve Cade, President - arlsbad Unified School District 801 Pine Avenue l Carlsbad, CA 92008 w (760) 729-9291 l FAX (760) 729-9685 . ..a world class district February 1,1999 Mr. Keith Beverly Senior Management Analyst City of Carlsbad 1200 Carlsbad Village Drive C&bad, CA 92008 Dear Keith, I received the materials on the appraiser, Randy Tagg, and have had an opportunity to review his work. He appears to be very thorough and knowledgeable of properties in our area. The next step I believe we need to take is to meet directly with him. Would you prefer that I make those arrangements or would you prefer to do tbis and would you wish to be there for the meeting? Let me know soon. On another matter, I am concerned that the success of this approach of using a single appraiser will result in some possible negative consequences if we do not plan in advance the specific parameters/criteria for conducting the appraisal. I know that we have established in former meetings that medium-high residential density is the current appropriate zoning. However, we have not clearly established the total number of units that could be built under that zoning or the potential types of development. Given the fact that the Senior Center is contiguous to this property and the fact that a great deal of development across town for senior retirement housing/care facilities has occurred recently, I believe this must be considered. And, of course, we both know that this large of a parcel located so centrally downtown, without habitat problems, is a valuable piece of property. We are interested in making sure that before we turn loose an appraiser to begin his work, all these factors and others are figured into the picture. Perhaps it would be timely to have another meeting as soon as we select the appraiser to discuss these issues. - _’ .- Keith Beverly City of Carlsbad February 1,1999 Page 2 I will present the last draft of the Memo of Understanding between us at my next Board meeting on February lOti. However, I would like to be able to answer questions that might arise concerning the specifics/parameters of how the appraisal will proceed. Let’s talk soon on how this can be accomplished. * Cheryl Ernst Superintendent cc: John Blair, Assistant Superintendent, Business Services, CUSD Frank Mannen, Assistant City Manager, City of Carlsbad Ken Price, Recreation and Park Planning Manager, City of Carlsbad WRITE IT - DON’T SAY IT! TO Keith Beverly / Recreation Date February 22 0 Reply Wanted 19 99 From Kathleen Shoup / Clerk's IIDNo Reply Necessary ATTACHED ARE TN0 ORIGINAL MEMORANDUM OF UNDERSTANDING with the Carlsbad Unified School District. Per your conversation with Karen Kundtz, Assistant City Clerk, you are to arrange to have the appropriate person at CUSD sign both documents. They will retain one original and you will arrange to have the second original returned to the City Clerk's Office. If you run into any problems please give me a call as soon as possible. . February 23,1999 Cheryl Earnst, Superintendent Carlsbad Unified School District 801 Pine Ave. Carlsbad, CA. 92008 Dear Cheryl, Enclosed are two (2) copies of City Council Agenda Bill #15,064, which includes, Resolution No. 99-69, your letter dated February 1, 1999, and the Memorandum of Understanding (MOU), all of which reference the acquisition strategy of the Pine School site. Pursuant to the Carlsbad School Board’s action on February 11, 1999, the Carlsbad City Council approved the attached MOU on February 16,1999. As per your request, their action considered and approved the recommendation of the School Board to delete the previous Section 4. # iv. of the draft, “consideration for incorporafion of the /ease payment may be included as part of the purchase price. ’ In addition, reference to your letter dated February I,1999 has been made a part of the supporting documentation of public record through the Council’s motion to consider it as part of the record of their hearing. Please have one (1) of the enclosed MOU’s signed by the Board President and return it to me so that our City Clerk may retain it for our records. The other copy is for the record of CUSD. I look forward to continued success in this acquisition process while working with you and your staff. Sincerely, KEITH BEVERLY 1 SENIOR MANAGEMENT ANALYST Attachment c: CUSD Business Manager, John Blair Assistant City Manager, Frank Mannen Recreation & Park Planning Manager, Ken Price WJSRARY~DKEl’lli’S LML IPBBICUSD CWERLY EARNST-PINE SCHOOL 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (619) 434-2825 l FAX (619) 434-7185