2000 - Savannah Memorial Park - Memorandum of UnderstandingA MEMORANDUM OF UNDERSTANDING BETWEEN
THE vii'OF RO'S-itEMEAD
AND
EL MONTE CEMETERY ASSOCIATION dba: SAVANNAH MEMORIAL PARK
WHEREAS, Savannah Memorial Park cemetery, located at 9263 Valley Boulevard, was founded in
1850 over 150 years ago; and
WHEREAS, the Savannah Memorial Park is located on Valley Boulevard, a key commercial corridor
in Rosemead, and in close proximity to Rosemead Park and Rosemead High School
on Mission Drive; and
WHEREAS, the remains of many early American pioneers and prominent citizens of the Rosemead
and El Monte communities, including several war veterans, are buried at the
Savannah Memorial Park cemetery; and
WHEREAS, in 2012 the Savannah Memorial Park was designated a California Historical Landmark;
and
WHEREAS, the City of Rosemead (hereinafter "City") has an interest in seeing that the Savannah
Memorial Park is appropriately maintained and preserved as a valued community
resource, and that interest is consistent with the City's Strategic Plan which identifies
Rosemead as Today's Small Town America, a community that Honors Tradition; and
WHEREAS, the El Monte Cemetery Association (hereinafter "Cemetery Association") has requested
small financial contributions from the City of Rosemead to partially offset costs to
improve the Savannah Memorial Park; and
WHEREAS, while the City's adopted budget does not include specific financial allocations to provide
direct funding to the Cemetery Association, the City Council desires to provide the
Cemetery Association with assistance in maintaining the facility in an aesthetically
pleasing and functioning manner as such upkeep is in the public interest benefit and
improve the general welfare of the City of Rosemead; and
NOW, THEREFORE, the City and the Cemetery Association agree as follows:
1. The City authorized the City Manager, as resources permit and in the City Manager's sole
discretion, determine to provide "in-kind" or other services and assistance to the Cemetery
Association in accomplishing its objectives to maintain and improve the Savannah Memorial
Park. Examples of such in-kind services include: access to lower cost services through City
contracts such as landscape maintenance, irrigation repair, tree trimming, concrete and
asphalt work, etc. In addition, as resources permit on a case-by-case basis, the City will make
the services of skilled and semi -skilled workers available for completion of short term projects
such as yard maintenance, minor metal work for fence and gate repair, small concrete work,
painting, etc. The City Manager or designee is hereby authorized to work with the Cemetery
Association to provide "in-kind" or other services and assistance to maintain/or implement
improvements at Savannah Memorial Park. The total value of City assistance will not exceed
Thirty -Thousand Dollars ($30,000) a year unless an increase by the Council is obtained. The
City Manager will keep a record of the in-kind services or other amounts provided.
2. On a one time basis the City Manager is authorized to reimburse the Cemetery Association
$1,500 to cover costs recently incurred to mow the lawn in recognition that the prior MOU had
expired but this provision would have otherwise been considered by the City Manager to
provide assistance.
Tne City will, on a case-by-case basis as circumstances permit and in its sole discretion,
proviae 11'i-Kinau services to ine i @meter y i-kssoclatlon to assfsc, In pUOIICIiy ana prommions for
events at the Savannah Memorial Park.
4. Each party agrees to indemnify, defend and hold harmless the other party, its elected and
appointed officers, employees, agents and volunteers from any and all liability, obligation,
cost, claim or damage howsoever caused by reason or any injury, whether to body, property
or to any person or to property by reason of any act, neglect, default or omission of the
other party or any of its agents, employees, subcontractors or representatives arising out
of or in any way connected with the performance of services as permitted by law.
5. For purposes of clarification, the Cemetery Association will in no way assume Workers
Compensation liability for employees, agents or subcontractors of the City who perform
services at Savannah Memorial Park.
6. In the event services are provided at the discretion of the City Manager, the City Manager will
work with the Cemetery Association on the scope and manner of the work. The City Manager
will have the ultimate determination as to the work to be done and in what manner. If the
parties cannot agree on the scope and manner of the work, the City Manager at his/her sole
discretion may determine not to provide assistance.
7. The term of this Memorandum of Understanding shall be for a period of five years beginning
June 1, 2022 and expiring May 31, 2027 and shall be renewable upon written consent of both
parties. Either party may terminate this agreement by providing 30 days written notice to the
other party.
The City Manager was authorized by the City Council to execute this MOU on the City's
behalf. The Officers signing for the Cemetery Association below are authorized to sign this
MOU on behalf of the Cemetery Association,
CITY OF
Pi 121 ZUl
Ben Kim, City_„Wnager Date
EL MONTE CEMETERY ASSOCIATION
dba: SAVANNAH MEMORIAL PARK
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o 4 President Date
Z 6C,-6�,4 JVice President Date
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REIMBURSEMENT AGREEMENT
CITY OF ROSEMEAD
and
EL MONTE CEMETERY ASSOCIATION
THIS REIMBURSEMENT AGREEMENT ( "Agreement ") is entered into on this 13 '" day
of August, 2013 ( "Effective Date ") by and between the CITY OF ROSEMEAD, a municipal
corporation (the "City ") and the EL MONTE CEMETERY ASSOCIATION, a California
non - profit corporation ("EMCA!'), collectively referred to as the "Parties."
Recitals
WHEREAS, the City is a municipal corporation that, in the course of its municipal
police powers has the authority to enhance the public peace, safety and general welfare
of the City and for the City's residents.
WHEREAS, EMCA is a private, non - profit, 501(c)(3), organization that owns a
fee interest in that certain real property commonly known as Savannah Memorial Park
Cemetery ( "Cemetery"), located at 9263 Valley Boulevard in the City of Rosemead,
California. EMCA's mission is to preserve and maintain the Cemetery, which is
recognized by the State Office of Historic Preservation as a California Historic
Landmark, No. 1046.
WHEREAS, the City's Strategic Plan includes a strategy to "Preserve Historical,
Cultural, and Natural Resources," and to that end, the City has an interest in seeing that
the Cemetery is appropriately maintained and preserved as an important local historic
site.
WHEREAS, the access road to the Cemetery ( "Access Road ") is currently in a
state of disrepair and requires reconstruction.
WHEREAS, the City is currently engaged in a road resurfacing improvement
project on Muscatel Avenue near the Cemetery, and due to the Access Road's close
proximity to the Muscatel Avenue project, the City's contractor agreed to a price of Fifteen
Thousand Dollars ($15,000.00) for the rehabilitation of the Access Road (the "Project ") in
conjunction with the Muscatel Avenue project.
WHEREAS, EMCA lacks sufficient funds to pay for the Project so as to complete
rehabilitation on the Access Road at the negotiated price in conjunction with the Muscatel
Avenue project.
WHEREAS, EMCA has requested that the City permit them to reimburse the City
for the costs of the Project.
WHEREAS, the City Council adopted Resolution 2013 -47 making the
appropriate findings to authorize the City to fund the Project and directed the City
Manager to execute the necessary reimbursement agreement with the EMCA.
1
way of example, the first annual payment will be due to the City within one (1)
year of the Effective Date of this Agreement, and the second annual payment
will be due to the City within two (2) years of the Effective Date of this
Agreement.
C. Payments to Citv All payments to the City by EMCA under this Agreement will
be made by check, unless otherwise specified herein.
3. Right of Entry and Access During the period beginning on the Effective Date of this
Agreement through and including the Date of Completion of the Project, EMCA
agrees to allow City and its employees, agents, representatives, consultants,
contractors and subcontractors entry into and access over the Cemetery for the sole
purposes of completing and monitoring the scope of work for the Project as
described in Exhibit "B."
4. Insurance, Hold Harmless and Waiver A certificate of all such insurance policies
required by this Agreement shall be delivered to the City prior to the commencement
of any work on the Project. No such insurance shall be canceled or modified without
thirty (30) days prior written notice to the City.
A. Hold Harmless Beginning on the Effective Date of this Agreement and
continuing through the Date of Completion of the Project, EMCA hereby agrees
to waive and hold harmless the City, its officers, representatives, agents, and
employees from and against any and all liability, damages, costs, losses,
claims and expenses, suits, actions, proceedings, and judgments, including
attorney fees, however caused, resulting directly or indirectly from or connected
with the construction of the Project and /or EMCA's performance or breach of
this Agreement.
B. Liability Insurance EMCA shall furnish to City and maintain in force until the
Date of Completion of the Project a policy of general liability insurance. The
policy shall provide coverage for combined single limit bodily injury and /or
property damage in an amount not less than One Million Dollars ($1,000,000)
per occurrence. Such policy of insurance shall specifically provide that any
other insurance coverage that may be applicable to the loss shall be deemed
excess coverage and EMCA's insurance shall be primary.
5. Defaults Failure or delay by either party to perform any covenant, term, or
provision of this Agreement to be performed by such party within the time provided
herein constitutes a default and breach of the Agreement.
6. Applicable Law The laws of the State of California shall govern the interpretation
and enforcement of this Agreement.
7. Notices Any notices, requests, or approvals given under this Agreement from one
party to another may be personally delivered or deposited with the United States
Postal Service for mailing, postage prepaid, registered or certified mail, return receipt
requested to the following addresses:
3
ATTACHMENT W
DESCRIPTION OF PROJECT LOCATION
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Detailed Parcel Information
Records for this property are kept at the Headauarters Office
( "How frequently is the information updated on this site ?" and other FAQs )
Property Information
Assessor's ID No.
5391 - 014 -904
Site Address
9263 VALLEY BLVD
Improvements
ROSEMEAD CA 91770
Property Type
Other
Region / Cluster
28/28601
Tax Rate Area (TRA)
08216
Real Estate Exemption
etgViewAssess
Recent Sale Information
Latest Sale Date
Indicated Sale Price
2013 Roll Values
Recording Date
00/00/1975
Land
$0
Improvements
$0
Personal Property
$0
Fixtures
$0
Homeowners' Exemption
$0
Real Estate Exemption
$0
Personal Property Exemption
$0
Fixture Exemption
$0
Tax bill payment information for 2013 -14
as well as any changes to the 2013 Roll Values
will be available after September 30, 2013.
Property Boundary Description
LOT COM AT INTERSECTION OF N LINE OF VALLEY BLVD (PER C
F 1417) WITH E LINE OF TR NO 5165 TH E ON SD N LINE
422.05 FT TH N 0¢34'25" E TO SW LINE OF ... SEE MAPBOOK FOR
MISSING PORTION ... QUITO
Building Description(s)
No building information is available for this parcel.
Page 1 of 1
http : / /maps.assessor.lacounty.gov /mapping /rolldata.asp ?ain= 5391014904 8/29/2013
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: LOAN AGREEMENT WITH SAVANNAH MEMORIAL PARK (EL MONTE
CEMETERY ASSOCIATION) FOR ACCESS ROAD RECONSTRUCTION
SUMMARY
The City has a Memorandum of Understanding (MOU) with the El Monte Cemetery
Association for the provision of in -kind services at Savannah Memorial Park Cemetery
(Savannah) located at 9263 Valley Boulevard. Since Savannah is a California Historic
Landmark and located in a major commercial corridor in the City, it is beneficial to the
City that the facility is properly maintained and preserved. Through the MOU, the City
has helped Savannah address maintenance issues such as fence repair, debris
removal, tree maintenance, and general handyman duties.
Recently, the City was approached by Savannah in regards to the access road at their
facility. The road is currently in a state of disrepair and requires reconstruction.
Accessing a City contract for road resurfacing on Muscatel Avenue, Savannah will be
able to realize a significant cost savings in completing repairs to their access road. Such
cost savings include low unit costs for materials and reduced mobilization costs due to
Savannah's close proximity to the Muscatel Avenue project location.
The parties were able to negotiate a price of $15,000 for the rehabilitation of the access
road at Savannah. Representatives from Savannah are requesting that the City assist
with financing in order to fund this improvement. As proposed, such financing would be
an interest -free loan and include an upfront payment of $3,000 by the Cemetery
Association followed by ten (10) annual payments of $1,200.
Staff Recommendation
It is recommended that the City Council approve Resolution No. 2013 -47, authorizing the
City Manager to execute a loan agreement in an amount not to exceed $12,000 with the
El Monte Cemetery Association in order to finance a portion of the costs for access road
improvements at Savannah Memorial Park (California Historic Landmark No. 1046).
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
August 13, 2013
Page 2 of 3
DISCUSSION
The Savannah Memorial Park Cemetery (Savannah) is located in the commercial district
of Valley Boulevard and is in close proximity to Rosemead Park and Rosemead High
School. Savannah was founded over one hundred sixty (160) years ago in 1850 by
pioneer residents of what is now known as the west San Gabriel Valley. The remains of
many early American pioneers and prominent citizens, including war veterans, are
buried at the historic cemetery. In addition, Savannah is recognized by the State Office
of Historic Preservation as a California Historic Landmark, No. 1046.
The City has an interest in seeing that Savannah is appropriately maintained and
preserved as an important local historic site. The City's Strategic Plan includes a
strategy to "Preserve Historical, Cultural, and Natural Resources ". To that end, the
City's assistance with projects and improvements will help ensure that the site remains a
viable community resource with local, regional and state -wide significance.
The City has been able to negotiate a price of $15,000 for the rehabilitation of the
access road at Savannah. As proposed, the work would take place in conjunction with
the City's street resurfacing improvement project on Muscatel Avenue. Since Savannah
is in close proximity to the project location, the contractor has agreed to charge reduced
mobilization fees associated with the repair of the access road. The contractor also
agreed to extend the unit costs to complete improvements to the access road. It should
be further noted that progress payments for the improvement work at Savannah would
be billed separately from the Muscatel project billing.
Savannah's Board of Directors and President Joanne Russell- Chavez have requested
the City's assistance with financing a portion of the improvements to the access road.
As proposed, Savannah has $3,000 available to make an upfront payment on the
project. The remainder of the balance, $12,000, would be paid in annual installments
over a period of ten (10) years.
The execution of an agreement to provide a loan to the Savannah Memorial Park
Cemetery and permit this work to be completed, serves a proper public purpose due to
the very unique historical status of the site as discussed above. Protection and proper
maintenance of this historical site will benefit the City and its residents by providing a
safe and well maintained entrance to the site and assist in increasing use of the
Savannah as a State historical site.
FINANCIAL REVIEW
The total loan amount for this project is $12,000. Such amount would be financed
interest -free over a period of ten (10) years. This loan amount is not included in the
current Fiscal Year 2013 -14 budget and would require an appropriation from general
fund reserves.
City Council Meeting
August 13, 2013
Page 3 of 3
Submitted by:
Chris Marcarello
Director of Public Works
Attachments:
(1) Letter Request
(2) Resolution No. 2013 -47
A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ROSEMEAD
AND
EL MONTE CEMETERY ASSOCIATION dba: SAVANNAH MEMORIAL. PARK
WHEREAS, Savannah Memorial Park cemetery, located at 9263 Valley Boulevard, was
founded in 1850 over 150 years ago; and
WHEREAS, the Savannah Memorial Park is located on Valley Boulevard, a key commercial
corridor in Rosemead, and in close proximity to Rosemead Park and
Rosemead High School on Mission Drive; and
WHEREAS, the remains of many early American pioneers and prominent citizens of the
Rosemead and El Monte communities, including several war veterans, are
buried at the Savannah Memorial Park cemetery; and
WHEREAS, the City of Rosemead (hereinafter "City ") has an interest in seeing that the
Savannah Memorial Park is appropriately maintained and preserved as a
valued community resource, and that interest is consistent with the City's
Strategic Plan which identifies Rosemead as Today's Small Town America, a
community that Honors Tradition; and
WHEREAS, the El Monte Cemetery Association (hereinafter "Cemetery Association ") has
requested small financial contributions from the City of Rosemead to partially
offset costs to improve the Savannah Memorial Park; and
WHEREAS, while the City's adopted budget does not include specific financial allocations
to provide direct funding to the Cemetery Association, the City Council desires
to provide the Cemetery Association with "in- kind" services and to assist the
Cemetery Association in maintaining the facility in an aesthetically
pleasing and functioning manner; and
NOW, THEREFORE, the City and the Cemetery Association agree as follows:
1. The City, as resources permit, will provide "in- kind" services to the Cemetery
Association in accomplishing its objectives to maintain and improve the Savannah
Memorial Park. Examples of such in -kind services include: access to lower cost
services through City contracts such as landscape maintenance, irrigation repair, tree
trimming, concrete and asphalt work, etc. In addition, as resources permit on a case -
by -case basis, the City will make the services of skilled and semi - skilled workers
available for completion of short term projects such as minor metal work for fence and
gate repair, small concrete work, painting, etc. The City Manager or designee is
hereby authorized to work with the Cemetery Association to provide "in- kind" services
to maintain /or implement improvements at Savannah Memorial Park.
2. The City will, on a case -by -case basis as circumstances permit, provide in -kind
services to the Cemetery Association to assist in publicity and promotions for events at
the Savannah Memorial Park.
3. Each party agrees to indemnity and hold harmless the other party, its officers,
employees, agents and volunteer from any and all liability, obligation, cost, claim or
damage howsoever caused by reason or any injury, whether to body, property or to
any person or to property by reason of any act, neglect, default or omission of the
other party or any of its agents, employees, subcontractors or representatives arising
out of or in any way connected with the performance of services.
For purposes of clarification, the Cemetery Association will in no way assume Workers
Compensation liability for employees, agents or subcontractors of the City who
perform services at Savannah Memorial Park.
4. The term of this Memorandum of Understanding shall be for a period of five years and
shall be renewable upon written consent of the parties thereto. Either party may
terminate this agreement by providing 30 days written notice to the other party.
The agreement of the parties to this Memorandum of Understanding is signified by the
following signatures.
CITY OF ROSEMEAD
zi��
Steven Ly, Mayor
io ll
Date:
EL MONTE CEMETERY ASSOCIATION dba: SAVANNAH MEMORIAL PARK
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Dwain C. Crum, President
Date: