HomeMy WebLinkAboutReso 37-15 Community Park MOU RESOLUTION NO. 37- 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT
WHEREAS, the City Council was asked to consider a Memorandum of Understanding
(MOU) between the City of Dublin and the Dublin Unified School District (DUSD) to help DUSD
obtain the rights to a site to build a school, at minimal cost, while maintaining the ability of the
public to use the site for parks and recreation programs and services; and
WHEREAS, the purpose of the MOU is intended to set out in general terms the
agreements to be negotiated between the City and DUSD on the following:
1. A long-term, as-is, ground lease whereby DUSD will lease the New School/Park Site
from the City for a nominal sum for construction of a school and joint use facilities;
2. Construction of school and joint use facilities on the leased land by DUSD; and
3. Execution of a joint use agreement granting the City access to joint use facilities
under certain terms and conditions; and
WHEREAS, the City and DUSD discussed a proposal that involves re-designating land
currently designated as a Parks/Public Recreation (Community Park) for a joint use school and
park site ("New School/Park Site") and the development of a site currently dual-designated for
school and residential purposes for residential use ("Existing Reserved School Site"), within the
Jordan Ranch project area ("Project Area"); and
WHEREAS, to facilitate the transaction contemplated by the MOU, the City Council was
directed Staff on February 17, 2015 to initiate a General Plan and Eastern Dublin Specific Plan
Amendment Study, and other required entitlements, to allow use of approximately 10 acres of
property currently designated as Parks/Public Recreation (Community Park) for both school and
park purposes; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Memorandum of Understanding (MOU), attached hereto. as Exhibit A,
between the City of Dublin and the Dublin Unified School District(DUSD) to help DUSD obtain
the rights to a site to build a school, at minimal cost, while maintaining the ability of the public to
use the site for parks and recreation programs and services.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
.1.% - 1' a&A∎LA
ayor
ATTEST.
Cark,0 rder
City Clerk
Reso No. 37-15,Adopted 3-17-15, Item 8.2 Page 2 of 2
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding("MOU")dated February 17, 2015 ("Effective
Date"),is entered into by and between the City of Dublin(the "City") and the Dublin Unified
School District("DUSD"). The City and DUSD are each individually referred to as a"Party"
and collectively referred to as the"Parties."
RECITALS
WHEREAS,the City, DUSD, and the property owners have had preliminary discussions
regarding a proposal that involves the use of land currently designated as a community park for a
joint use school and park site("New School/Park Site") and the development of a site currently
dual-designated for school and residential purposes for residential use("Existing Reserved
School Site"),within the Jordan Ranch Project area("Project"),both of which are shown in
Exhibit"A"attached to this MOU(the"Proposal"); and
WHEREAS,DUSD is interested in this proposal because it does not have sufficient
funds at this time to purchase the Existing Reserved School Site within the Project and believes
the New School/Park Site is a suitable alternative location; and
WHEREAS, the City is interested in this proposal in order to help DUSD obtain rights
to the New School/Park Site to build a school in the Project,while at the same time maintaining
the ability of the public to use portions of the New School/Park Site for recreational,performing
arts,and park purposes; and
WHEREAS,the City recently acknowledged the adverse effect of the lack of State bond
funding for new school facilities, and joined DUSD in calling upon state legislators and the
Governor to act to assist DUSD in mitigating the impact of new development,by adoption of
City Council Resolution No. 175-14 on October 21, 2014; and
WHEREAS, effectuation of the Proposal would require a definitive agreement between
the Parties, and a separate agreement between the City and the developer of the Project
("Developer")since the Project has vested rights under a development agreement and the
Proposal would involve amendments to existing Project entitlements and new entitlements, in
addition to a range of other issues; and
WHEREAS,the Parties are interested in working together in good faith to take steps
needed to effectuate this Proposal; and
WHEREAS,the Parties now wish to enter into a memorandum of understanding to bring
clarity to their joint commitment and to set out in general terms the various roles each Party will
play and actions that need to be taken to effectuate the Proposal; and
WHEREAS, the terms and responsibilities set forth in this MOU are not intended to be
binding on the Parties until approval by the Parties of subsequent and more definitive agreements,if
any (the "Definitive Agreements"), with respect to the matters set forth herein, but shall serve to
guide the Parties in reaching Definitive Agreements.
NOW THEREFORE,the Parties hereby agree as follows:
Section 1. Purpose of this MOU. This MOU is an expression of a preliminary basis
for negotiations in an effort to reach Definitive Agreements concerning the following, among
others: 1)A long-term, as-is, ground lease whereby City will lease to DUSD and DUSD will
lease from the City the New School/Park Site for a nominal sum for construction of a school and
joint use facilities(the"Lease Agreement");2)Construction of school and joint use facilities on
the leased land by DUSD;and 3)Execution of a joint use agreement granting the City access to
joint use facilities under certain terms and conditions.
Section 2. Good Faith Efforts to Negotiate. The Parties shall use their best reasonable
efforts to successfully negotiate one or several Definitive Agreements that will describe the
terms and conditions for executing and implementing the Proposal. The Parties shall diligently
and in good faith pursue such negotiations. Furthermore, the Parties shall use their best
reasonable efforts to obtain any third-party consent, authorization, approval, and exemptions
required in connection with the transactions contemplated hereby, including,but not limited to,
negotiations with Developer. This MOU does not impose any binding obligation on the Parties to
grant any approvals or authorizations, nor does it obligate the Parties to agree to any specific
terms or obligations in future Definitive Agreements.
Section 3. Terms. The negotiations hereunder shall be based on the following general
principles and responsibilities:
A. Upon completion of the following contingencies, City and DUSD will execute the
Lease Agreement whereby DUSD leases from the City the New School/Park Site
for a nominal sum, equal to$1 per year, subject to further negotiation.
1. City will process and consider applications for any planning, zoning and
other City approvals, including any associated CEQA review, in
accordance with all legal requirements and standards,to allow the
development of a school and joint use City and DUSD park facilities on
the New School/Park Site. Upon approval of this MOU, the City will
initiate processing any required General Plan Amendments.
2. City will facilitate dedication of the New School/Park Site by Developer
to the City for public purposes.
3. City will consider and process, in accordance with all legal requirements,
an application to allow the develop ment of residential use on the Existing
Reserved School Site.
4. The City's obligation to take final action on Items 1-3, above, is
contingent upon the following:
a. DUSD providing City with written confirmation demonstrating
California Department of Education and DUSD Board approval of
the use of the New School/Park Site as a school site.
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b. DUSD providing City with written confirmation from the DUSD
Board of sources and availability of adequate financing. as well as
project schedule, to construct the proposed school. including ior
use facilities.
5. DUSD shall consult City on design matters during the school facilities
design process to ensure that the facilities being proposed meet the needs
of both DUSD and the City.
6. City and DUSD will collaborate during the design process to create a list
of school and park facilities that will be developed and available for joint
use between City and DUSD.
B. The Lease Agreement will require the following:
1. DUSD will construct a school and joint use park facilities on the New
School/Park Site.
2. DUSD will maintain, once constructed,all joint use facilities to an agreed
upon level of service between the City and DUSD.
3. DUSD will allow the City to reserve the Dublin High School Center for
Performing Arts and Education for use by local and community groups
for an agreed-upon number of days annually.
4. City and DUSD will enter into a joint use agreement for use of certain
facilities and areas located on the New School/Park Site by the City and its
residents.
C. The City and DUSD will, separately from the Lease Agreement negotiations,
enter into good faith negotiations on amending the existing master joint use
agreement to include additional schools in the Eastern Dublin area.
Section 4. No Obligation to Proceed. Nothing in this MOU creates a binding
obligation unless and until the Parties enter into the Definitive Agreement(s). Each Party
expressly acknowledges and agrees that this MOU creates no obligation on the part of any Party
except for each Party to continue negotiations in good faith to effectuate the Proposal and to use
its best reasonable efforts to effectuate the terms of this MOU. Further,the Parties expressly
acknowledge and agree that this MOU does not commit the City to any planning, zoning or other
City approvals needed to implement the intent of this MOU, and all City actions will be subject
to the further discretionary action by the City in compliance with all applicable legal
requirements.
Section 5. Counterparts. This MOU may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one instrument.
Section 6. Execution of Definitive Agreements. If the Parties successfully negotiate
one or several Definitive Agreements,the Parties shall recommend approval of said Definitive
Agreements to their respective governing bodies. No Party shall have any legal obligation to
MOU with City for Joint Use 3
SF 761853v1
grant any approvals or authorizations until a Definitive Agreement has been approved by their
respective governing bodies.
Section 7. Term. The provisions of this MOU shall expire 1 year from the Effective
Date of this MOU,but may be extended by mutual written consent of the Parties if needed. This
IOU may be terminated at any time by delivery of written notice by either Party to the other
Party.
IN WITNESS WHEREOF,the Parties have executed this Memorandum of Understanding,
effective as of the date first written above.
CITY OF DUBLIN
By:
David Haubert,Mayor
DUBLIN UNIFIED SCHOOL DISTRICT
By:
Amy Miller, Board President
2397011.2
MOU with City for Joint Use 4
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Exhibit "A"
(Location of the New School/Park Site and Existing Reserved School Site)
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MOU with City for Joint Use 5
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