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HomeMy WebLinkAbout07 - Fire Training Tower on City PropertyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 September 28, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Fire Chief Tim Riley, 644 -3101 triley(cDcity. n ewr)ort- beach. ca. us SUBJECT: Adopt Resolution 2004 -_, authorizing the City to enter into a Construction and Lease Agreement between the City and the Rancho Santiago Community College District to use District funds to construct a fire training tower on City property and share its use between the two parties ISSUE: Should the City (CITY) enter into an agreement with the Rancho Santiago Community College District (DISTRICT) to construct a fire training tower and share its use between the parties? RECOMMENDATION: Adopt Resolution 2004 -_, authorizing the CITY to enter into a Construction and Lease Agreement between the CITY and the Rancho Santiago Community College District (DISTRICT) to use District funds to construct a fire training tower on City property and share its use between the two parties. DISCUSSION: Background: The District has obtained proceeds through the passage of its Measure E Bond Election of 2002. A certain portion of these funds have been targeted for improvements to the vocation program to benefit qualified District students. In order to meet this goal, the District is expanding its partnerships between existing public safety agencies that provide vocation programs through the Santa Ana College (SAC) Fire Technology program, The City is one of these agencies. For many years, the Fire Department has relied on the educational and vocational programs coordinated through the SAC Fire Technology Department to assist in Rancho Santiago Comm. College District Agreement September 28, 2004 Page 2 assuring our emergency response personnel maintain a high- degree of professional competency. We currently participate in the SAC Wellness Program, the SAC Contract Instructor Program, and the SAC Emergency Medical Technician Recertification Program. All of these programs provide training to our members in a cost - effective manner through the community college system. Further, we rely on the SAC Basic Fire Academy as a key source for developing certified Firefighter 1 candidates to take our entry-level Firefighter test. I estimate these programs save us over $500,000 per year in increased training costs. Agreement to Construct and Lease the Training Tower: By adopting the attached resolution, the City finds that it is in the best interest of the City to promote the education and training of firefighters residing and working in the City; and that it is in the best interest of the City to enter into an agreement to construct a Fire Training Tower on City property, using District funds, and to lease said facility to the District on a mutually beneficial basis. The terms of said agreement are abbreviated below: 1) Term of the Agreement: The term is twenty -five (25) years from a mutually - agreed -upon Commencement Date. Generally, this will be the date when the premises are available for use by the District. 2) Improvement Allowance: The District will provide the City an improvement allowance of $350,000.00 once the City has completed the construction of the Fire Training Tower. 3) Lease of Premises: Said improvement allowance of $350,000.00 shall be considered the full and total lease payment for the twenty -five year term of the agreement. 4) Use of Facility: The premises shall be maintained and operated by the City. The District shall have reasonable access to the premises for use as an educational facility to conduct fire technology education and training classes for District students. The City and District will work cooperatively to develop a schedule for the use of the premises that provides maximum benefit to both parties. On August 30, 2004, the District adopted a Resolution approving the expenditure of $350,000.00 and authorizing the District to enter into this agreement. To maximize the regional nature of the SAC Fire Technology Program in Orange County, the District is entering into a similar agreement with the City of Costa Mesa and the North Net and Central Net Joint Powers Authorities. The value of multiple agreements is that no single training facility will be overburdened by District programs, thus reducing potential conflicts between District programs and municipal training needs. Rancho Santiago Comm. College District Agreement September 28, 2004 Page 3 Environmental Review: This agreement has no requirement for environmental review. Eventually, the construction project will be subject to normal public works environmental review requirements. Prepared n1 Submitted by: Ti iley, Fire 9hief Attachments: Resolution 2004 - Construction and Lease Agreement Rancho Santiago Comm. College District Agreement September 28, 2004 Page 4 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY OF NEWPORT BEACH APPROVING AN AGREEMENT BETWEEN THE CITY AND THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT TO CONSTRUCT A FIRE TRAINING TOWER AND SHARE ITS USE WHEREAS, the City of Newport Beach ( "City ") is a municipal corporation organized and operating pursuant to the laws of the State of California, and is authorized to enter into agreements with other governmental agencies; and WHEREAS, the City has an bona fide interest in constructing a fire training tower on City property for the express purpose of advancing the fire technology training and education of its employees; and WHEREAS, the City finds that it is in the best interest of the City to promote the education and training of firefighters working for the City and/or residing in the City; and WHEREAS, the Rancho Santiago Community College District ( "District "), through the Santa Ana College Fire Technology Department, has provided a great deal of fire technology education and training to City employees and others residing in its district; and WHEREAS, the City has benefited greatly from such a partnership with the District and wishes, to continue to do so for many years to come; and WHEREAS, the Board of Trustees of the District has adopted a resolution on August 30, 2004, approving the expenditure of up to $350,000.00 of the proceeds from the Measure E Bond Election of 2002 to build the improvements outlined in the agreement and authorizing the District to enter into this agreement with the City relating to the District's construction and use of the premises; and WHEREAS, information on the proposed agreement and the matters set forth in this resolution was presented to the City by the City Fire Department staff. NOW, THEREFORE, BE IT RESOLVED, the City of Newport Beach hereby declares, finds, and determines as follows: 1. It is in the City's best interest to promote the education and training of firefighters residing and working in the City of Newport Beach, and 2. It is in the best interest of the City to enter into the attached Construction and Lease Agreement with the Rancho Santiago Community College District pursuant to the terms and conditions outlined in the agreement. PASSED AND ADOPTED this day of 2004. AYES: NOES: ABSENT: ABSTAIN: CONSTRUCTION AND LEASE AGREEMENT BETWEEN RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, AS LESSEE, eI6 THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, AS LESSOR SAC -04 -048 DOCSSF/46516vl/22966 -0002 CONSTRUCTION AND LEASE AGREEMENT THIS CONSTRUCTION AND LEASE AGREEMENT (the "Agreement ") dated as of August _, 2004 (the `Effective Date "), is made and entered into by and between the RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, a ( "Lessee" or "District "), and the CITY OF NEWPORT BEACH, a municipal corporation, ( "Lessor" or "City"). RECITALS A. City is the owner of that certain real property located at Property Address: 1971 Mesa Drive, Newport Beach, California, a legal description of which is attached hereto as Exhibit A (the "City Land "). B. The District, through Santa Ana College, provides a vocational educational program for the benefit of selected eligible students of the District, under the State of California (the "State ") Plan of Vocational Educational and Federal Vocational Education Act, as amended, to provide use of fire academy facilities and equipment to prepare such students for vocation as a firefighter (collectively, the "Vocation Program "). C. The District has obtained proceeds though passage of its Measure E Bond Election of 2002 (the "Bond Proceeds ") to fund certain facilities improvement programs, including but not limited to, facilities programs related to expanding the Vocation Program for qualified District students. D. In order to meet the above stated goal, District desires to lease certain facilities located on the City Land (the "Fire Drill Facilities "), as described more specifically in Exhibit B attached hereto, and use a portion of the Bond Proceeds, in an amount not to exceed $350,000.00, SAC -04 -048 1 District Newport Beach D OC S SF/46516 v 1 /22966 -0002 for the construction of certain improvements to the Fire Drill Facilities (the "Improvements'), as more specifically described in Exhibit B attached hereto, for use by District students. E. This District has approved the expenditure of up to $350,000 of the Bond Proceeds to build the Improvements and authorized the District to enter into this Agreement with City relating to the District's construction and use of the Improvements and the Fire Drill Facilities (collectively the Improvements and the Fire Drill Facilities shall be referred to as the "Premises "). In order to meet the goals of the Vocation Program, District desires to expend up to $350,000 in Bond Proceeds to repair, renovate and improve the Facility. It is understood and agreed that City shall use reasonable efforts to complete construction of the Improvements by November 30, 2005, all as more particularly set forth in Exhibit B, attached hereto. F. The City finds that it is in the best interest of City to promote the education and training of firefighters residing in the City, and authorizes the City to enter into this Agreement with District on the terms and conditions provided in this Agreement. NOW, THEREFORE, for and in consideration of the mutual obligations of the parties hereto, it is mutually agreed as follows: AGREEMENT SECTION 1. PREMISES City leases to District, and District leases from City the Premises (the "Lease "). SECTION 2. TERM OF LEASE, OF AGREEMENT 2.1 The term of the Lease shall be for twenty-five (25) years commencing on the later of (i) the date City has substantially completed the Improvements as mutually determined by both SAC -04 -048 2 District Newport Beach DOCSSF /46516v 1/22966-0002 parties, or (ii) the date District students are able to occupy the Premises, as mutually determined by both parties (the "Commencement Date "). 2.2 Within ten (10) days of the Commencement Date, City and District agree to execute a verification verifying the Commencement Date and the expiration date of the Lease. 2.3 This Agreement shall commence on the Effective Date and shall terminate on the Expiration Date of the Lease. Notwithstanding the above, Section 6 of this Agreement shall survive the termination of this Agreement. SECTION 3: CONSTRUCTION AND PAYMENT OF IMPROVEMENTS 3.1 City shall design and construct the Improvements in accordance with the provisions set forth in Exhibit C attached hereto. 3.2 District agrees to provide City an improvement allowance of $350,000 for the Improvements (the "Improvement Allowance "). The Improvement Allowance shall be paid to City as set forth in Exhibit C. 3.3 During the term of the Lease, District shall have unlimited access and use of the Premises subject to reasonable rules and regulations, such as notice requirements or compliance with manufacturers specifications, as may be required by the City. SECTION 4. IN LIEU RENT AND PAYMENT OF OTHER CHARGES 4.1 The total rent for the use of the Premises during term of the Lease shall be Three Hundred Fifty Thousand Dollars ($350,000.00) and payable in full by District on the Commencement Date. In lieu of payment of such rent, District shall have the right, and hereby exercises its right, to tender as full payment of the rent the Improvement Allowance. District shall not be required to pay any other rent during the term of the Lease. SAC -04 -048 3 District Newport Beach DOCSSF /46516v 1122966 -0002 4.2 City shall be responsible for payment of all costs, charges, taxes, impositions, insurance and other obligations assessed against or arising from the City Land and Premises. If District pays any costs that is the obligation of City under this Section 4.2 to protect its interests under this Lease, District shall be entitled to reimbursement by City the full amount of such payments within ten (10) days of demand for such payment. SECTION 5. USE OF FACILITIES The Premises shall be maintained and operated by the City. The District shall have reasonable access to the Premises for use as an educational training facility to conduct fire technology education and training classes for District's students. The City and District will work cooperatively to develop a schedule for the use of the Premises that provides maximum benefit to both parties. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS 6.1 The District shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, agents, employees and volunteers from all losses, costs, expenses, claims or liabilities for injury to any person or damage to any property arising out of, or in any manner connected with the negligent acts, error or omissions of District, its officers, employees, agents or volunteers in the performance of this Agreement. Notwithstanding the above, District shall not defend or indemnify City for losses or damages that are caused by the sole negligence or willful misconduct of City or its agents. 6.2 The City shall defend, indemnify and hold harmless District, its elected and appointed officials, officers, agents and employees from all losses, costs, expenses, claims or liabilities for injury to any person or damage to any property arising out of, or in any manner connected with the SAC -04 -048 4 District Newport Beach DOCS SF/46516v 1 /22966-0002 negligent acts, error or omissions of City, its officers, employees or agents in the performance ofthis Agreement. Notwithstanding the above, City shall not defend or indemnify District for losses or damages that are caused by the sole negligence or willful misconduct of District or its agents. SECTION 7. INSURANCE 7.1 City and District, at their sole expense, shall each secure and maintain during the term of this Agreement the following insurance: 7.1.1 Commercial General Liability and excess Liability insurance relating to personal and bodily injury and death, and damage to other's property, limits of $3,000,000 per occurrence and $5,000,000 aggregate. 7.1.2 All risk insurance policies for the full replacement value of the: (i) Premises and (ii) District's property in and all other contents of the Premises (collectively "District's Property"). The City shall maintain the all risk insurance policy with respect to the Premises and the District shall maintain the all risk policy with respect to the District's property. Each policy shall be without deduction for depreciation and standard fire insurance and extended coverage including vandalism and malicious mischief and sprinkler leakage endorsements relating to the Premises. 7.2 Each party shall promptly notify the other thirty (30) days in advance in the event of any cancellation or reduction of coverage. 7.3 In lieu of retaining commercial general liability insurance pursuant to Section 7.1.1, each party may present to the other a Certificate of Self Insurance evidencing the party's current self- insurance retention amount per occurrence. Should either party exercise this right, such party shall provide updates regarding the amount of such party's self - insurance retention as maybe requested by the other party from time to time. SAC -04 -048 5 District Newport Beach DOCSSF/46516v 1 /22966-0002 7.4 In case of damage or destruction to the Premises and upon mutual consent of both parties, City and District shall use the insurance proceeds attributed to the damage or destruction of the Premises, to restore, repair or replace the Premises. In the event that 1) both parties do not consent to the repair or restoration of the Premises; or 2) the Premises cannotbe repaired or restored, the insurance proceeds shall be distributed to the District in an amount up to the undepreciated value of the Improvements, subject to any offsets as maybe required by Section 6.1. The distribution of such insurance proceeds shall be calculated by dividing $350,000 (the Improvement Allowance) by 25 (the term of the Agreement) multiplied by the number of years remaining on the 25-year period at the time of the distribution. For example, if the insurance proceeds are distributed to the District after 15 years, there would be ten years left on the Agreement and the distribution would be calculated as follows: [$350,000 divided by 25 = $14,000] x 10 = $140,000. SECTION 8. ASSIGNMENT AND SUBLETTING District shall not assign, transfer, mortgage, pledge, hypothecate or encumber this Agreement or any interest therein, and shall not sublet the Premises or any party thereof (collectively, a "Transfer ") without the prior written consent, which shall not be unreasonably withheld. Notwithstanding anything to the contrary in this Section 8, District shall have the right to Transfer this Agreement to a State of California community college district without the prior consent of City; provided, however, that such community college district uses the Premises for the purposes stated in Section 5 and provided further that District provides City with prior written notice. Any Transfer from District by merger or consolidation shall not require the consent of City, provided that District provides City with prior written notice. SECTION 9. REMOVAL OF FIXTURES AND EQUIPMENT SAC -04 -048 6 District Newport Beach DOCSSF/46516 v 1 /22966 -0002 Within thirty (30) days of the expiration of this Agreement, District shall, at its sole costs and expense, removal all movable trade fixtures, vehicles, movable equipment, inventory, movable personal property, furniture and antennas placed on the Premises by District. District shall also repair and restore those portions of the Premises physically altered by the installation of such fixtures and equipment to their pre - installation condition, normal wear and tear excluded. Failure of District to remove fixtures and equipment and/or restore the Premises to its pre - installation condition shall result in City removing such fixtures and equipment and, if necessary, restoring the Premises at District's sole cost and expense, plus administrative costs. SECTION 10 MISCELLANEOUS 10.1 All notices, demands, consents or approvals which maybe or are required to be given by either party to the other hereunder shall be in writing and shall be deemed to have been fully given when delivered in person to such representatives of City and District as shall from time to time be designated by the parties for the receipt of notices, or when deposited in the United States mail, certified, postage prepaid, or by express delivery service with a delivery receipt and addressed If to City at: Fire Chief City of Newport Beach P.O. Box 1768, 3300 Newport Blvd. Newport Beach, CA 92658 -8915 With a copy to: City Clerk City of Newport Beach P.O. Box 1768, 3300 Newport Blvd. Newport Beach, CA 92658 -8915 If to District at: Santa Ana College Fire Technology Department 1530 West 17`h Street Santa Ana, Ca. 92706 -3398 With copy to: Rancho Santiago Community College District, SAC -04 -048 7 District Newport Beach DOCSSF/46516v1/22966 -0002 Mark J. Zacovic, Ph.D., Vice Chancellor, Ph.D 2323 N. Broadway Santa Ana, Ca. 92706 -1640 or to such other address with respect to either party as that party may from time to time designate by notice to the other given pursuant to the provisions of this Section 10.1. 10.2 This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 10.3 Any titles of the several parts and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. "Paragraph" and "section" may be used interchangeably. 10.4 This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the City and District and where the term "City" or "District" is used in this Agreement, it shall mean and include their respective successors and assigns. 10.5 Time is of the essence in the enforcement of the terms and conditions of this Agreement. 10.6 This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 10.7 If either of the parties hereto commences a lawsuit to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs SAC -04 -048 8 District Newport Beach DOCSSF /465 16v 1 /22966 -0002 of suit, including fees and costs on appeal, from the other party. 10.8 Each party shall deliver to the other party, at the time this Agreement is executed by that party, a certified resolution of its Board or City Council, as appropriate, to indicate the authorization of the making of this Agreement by that party. 10.9 If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 10.10 This Agreement and any memorandum hereof maybe executed in counterparts, each of which shall be considered an original, and all of which shall constitute one and the same instrument. SAC -04 -048 9 District Newport Beach DOCSSF /46516v 1 /22966 -0002 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and attested to by their proper officers hereto duly authorized as of the day and year first written above. CITY OF NEWPORT BEACH, a municipal RANCHO SANTIAGO COMMUNITY corporation COLLEGE DISTRICT Date: Date: By: By: Name: Name: Mark J. Zacovic Ph.D. S f 31/04— Title: Title: Vice Chancellor, Business Operations/Fiscal Services ATTEST: City Clerk APPR V D'AS TO FORM: L City Attorney SAC -04 -048 10 District Newport Beach DOCSSF/46516vl/22966 -0002 EXHIBIT A DESCRIPTION OF CITY LAND Lots 57 through 60, Tract No. 706, per map recorded in Book 21, Page 25 of Maps, in the office of the County Recorder, County of Orange, California And known as: 1971 Mesa Drive, Newport Beach, CA SAC -04 -048 11 District Newport Beach DOCSSF /46516v 1/22966 -0002 EXHIBIT B DESCRIPTION OF FIRE DRILL FACILITIES IMPROVEMENTS The City will be providing a fire training tower of from 2-4 stories in height suitable for conducting ladder evolutions, fire simulation, hoisting and lowering and rescue related activities SAC -04 -048 12 District Newport Beach DOCSSF /46516v l /22966 -0002 EXHIBIT C PROVISIONS RELATING TO THE DESIGN, CONSTRUCTION AND REIMBURSEMENT OF IMPROVEMENTS General Requirements A. City's Plans. 1. Prior to City preparing plans for the design and construction of the Improvements (the "City's Plans'), City and its architect and/or engineer(s), if any, shall thoroughly familiarize themselves with all local building codes, this Exhibit C, as well as verify by physical inspection, the accuracy and completeness of the existing site conditions. City's Plans shall be prepared and performed with full knowledge of and in compliance with this Exhibit C and applicable legal requirements including, but not limited to, all energy conservation, hazardous materials laws, and handicap access requirements. City's Plans shall be prepared by architect(s) and/or engineer(s) fully qualified and licensed in the State of California, to the extent required by California law. 2. City shall submit to the District, for District's preliminary review, preliminary design drawings for the Improvements. 3. Within fifteen (15) days following the District's approval of the preliminary design drawings, City agrees to submit to the District, for District's final review, the final construction drawings for the Improvements. B. Approval of City's Plans. I. City's Plans and the design and quality of the Improvements shall be subject to the reasonable approval by the District. 2. If City's Plans are not disapproved by District within fifteen (15) days of submittal, District shall be deemed to have approved City's Plans. 3. District's approval of City's Plans shall not create any responsibility or liability whatsoever on the part of District, including, without limitation, for their completeness, sufficiency, design, workability or compliance with applicable legal requirements, and shall not relieve City of any of City's responsibility or liability, including, without limitation, conformance to the terms and provisions of this Exhibit C. 4. Any changes to the approved City's Plans requested by City shall be subject to the District's reasonable approval. C. Requirements for City's Work. 1. At the District's sole cost, District shall have the right, but not the obligation, to perform any work or complete any punchlist items that City has failed to construct in accordance with the approved City's Plans after ten (10) days'written notice from the District. City shall reimburse District for such DOCSSF/465 16v 1/22966-0002 SAC -04 -048 costs within fifteen (15) days of receipt of a written and itemized invoice for such costs. If City fails to reimburse the District within such fifteen (15) day period, any unpaid sum shall accrue interest at the rate of ten percent 10 %) per annum from the date due and payable until the date it is paid. 2. City, at its sole cost and expense, shall be responsible for obtaining all necessary permits including, but not limited to, building and health department permits for the performance of such work and for the payment of any impact, capacity, usage, and/or similar fee in connection with such work. 3. Within ten (10) days after completion of the Improvements, City shall provide the District with a copy of City's recorded valid Notice of Completion. 4. Within thirty (30) days, after completion of the Improvements, City shall deliver to the District: (i) a copy of the final signed -off building inspection card, permit or report with respect thereto; (ii) original forms of all stop notice waivers or releases from all parties supplying labor and/or materials for the Improvements; and (iii) if required, a certification from the architect or engineer of record that the work is complete and the Improvements have been constructed in accordance with the approved City's Plans and this Exhibit C. 5. All work shall be performed and completed in accordance with any legal requirements including, but not limited to compliance with any public bidding requirements, if any, under the Public Contract Code. II. City's Use of a Contractor A. Contractor Selection. City may select any qualified and licensed contractor for the construction of the Improvements. City shall provide the District with a copy of the contract with its contractor prior to commencement of the construction of the Improvementsand the District shall have the right to disapprove such contractor on reasonable grounds. City's contractor shall do all of the construction of the Improvements. B. Prior to commencement of the construction of the Improvements, City or City's contractor shall provide District with a construction schedule in "bar graph" form indicating the completion dates of all phases of City's Work. City shall work to ensure that City's contractor diligently perform said work in a manner and at times that do not impede or delay completion of the Improvements or create a labor disturbance or work stoppage of any kind. City and/or City's contractor shall be responsible for the repair, replacement or clean -up of any damage caused by City's contractor to any City property including, but not limited to, damage to other contractors' work. City and City's contractor shall comply with legal requirements and all rules and regulations established by District in the construction of the Improvements. III. Improvement Allowance Notwithstanding anything to the contrary contained in this Exhibit C, for the purpose of City's initial construction of theImprovements, District agrees to contribute an amount not to exceed Three Hundred Fifty Thousand Dollars ($350,000) ( "Improvement Allowance ") toward the cost of the design and construction of the Improvements. In the event the cost of the design and construction of the Improvements exceeds the Improvement Allowance, such excess amount shall be borne solely by City. 2 DOCSSF /46516v1/22966 -0002 SAC - 04-048 A request by City for payment of the Improvement Allowance must be made in writing and addressed to the District at District's address. Provided such request is received by the District on or before the fifth (5) day of a calendar month and City has complied with all the conditions relating to such request, such payment shall be payable by the District on or before the last day of the same calendar month. In the event such request is received after the fifth (5th) day of a calendar month, such payment shall be payable by the District on or before the last day of the following calendar month. The District shall pay the Improvement Allowance to City in accordance with the following provisions: A. The Improvement Allowance shall be payable upon City's written request as set forth above, and delivery to the District all of the following: Receipts or other documentary evidence of paid invoices; 2. A copy of City's recorded, valid "Notice of Completion'; 3. Original stop notice waivers or releases from all parties supplying labor and/or materials for City's Work; 4. Copies of any building permits, indicating inspection and approval by the issuer of said permits; and 5. A certification from the architect or engineer of record that the work is complete and the Improvements have been constructed in accordance with approved City's Plans, Exhibit C, and applicable legal requirements. City shall not be entitled to any payment for any additional work that is not evidenced by a signed agreement between City and the District entered into prior to the date City performs such additional work. DOCSSF/46516v1/22966 -0002 SAC -04 -048