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HomeMy WebLinkAboutDeeds & Easements_C-16RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENTTO: NAME CITY CLERK CITY OF REDLANDS STREET ADDRESS P.O. BOX 3005 REDLANDS, CA 92373 CITY, STATE & ZIP CODE Electronically Recorded in Official Records, County of San Bernardino 810312017 BOB DUTTON 04:14PM ALS SN.' Wiz,. TiR7fKs r ASSESSOR - RECORDER - CLERK 367 City of Redlands Clerk Doc #: 2017-0317946 Titles: 1 Pages: 7 Fees .00 Taxes .0u Cther 00 PAID •00 PER GOVERNMENT CODE SPACE ABOVE FOR RECORDER'S USE ONLY SECTION 6103 GRANT DEED Title of Document . lum ORL I m THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) Recording Requested By and When Recorded Mail to: City Clerk City of Redlands P.O. Box 3005 Redlands CA 92373 GRANT DEED THIS GRANT DEED (this "Deed") is executed as of the 6`h day of June, 2017, from the Watchom Lincoln Memorial Association, a California Non -Profit Public Benefit Corporation ("Grantor"), to the City of Redlands, a municipal corporation organized and existing pursuant to California law, ("Grantee") and to the Watchorn Lincoln. Memorial Association (,Remainder Grantee"), as their interests are described below. WITNESSETH: NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor does hereby grant, bargain and sell; unto Grantee, all the real property more particularly described on Exhibit A, attached hereto and made a part hereof, together with, all of Grantor's right, title and interest in all buildings, improvements, fixtures, easements, tenements, hereditamen.ts, and appurtenances of every kind or nature belonging thereto (hereinafter collectively referred to as the "Property"), subject to all matters of record or that would be reflected on an accurate survey. The Property is conveyed to Grantee subject to the remainder interest (power of termination) conveyed to Remainder Grantee attached as Exhibit `B" hereto and incorporated herein by this reference. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor does hereby grant, bargain and sell, unto Remainder Grantee, a power of termination with respect to the Property pursuant to the terns and provisions set forth in Exhibit "B" hereto, which shall run with the land. 1N, WITNESS WHEREOF, this instrument is executed as of the date stated heremabove. APN: 0171-291-20-0-000 The undersigned grantor(s) declare(s): DOCUMENTARY TRANSFER TAX S0.00 I Exhibit B - 2017 05-18 (Red) Grant Decd. WLMA to City 5.4.2017 "Grantor" Watchorn Lincoln Memorial Association A California Non -Profit Public Benefit Corporation CERTIFICATE OF ACCEPTANCE AND ACKNOW"I.LEDGMECT This is to certify that the interest in real property conveyed by the above Grant Deed from the Watchorn Lincoln Memorial Association, a California Nora -Profit Public Benefit Corporation, as Grantor, has been accepted by Grantee, and the Grantee consents to recordation thereof, and agrees to be bound by the Restrictions and Pourer of Termination set forth in Exhibit "B" to the Grant Deed. This is to further certify that the Power of Termination conveyed by the above Grant Deed from the Watchorn Lincoln Memorial Association, a California Non -Profit Public Benefit Corporation, as Grantor, to the Watchorn Lincoln Memorial Association, as Remainder Grantee, has been accepted by the Remainder Grantee, and Remainder Grantee consents to recordation thereof, and agrees to be bound by the Restrictions and Pourer of Termination set forth in Exhibit "B" to the Grant Deed. "Grantee" Dated: 72017 City of Redlands, a municipal corporation organized and existing pursuant to California law AC qu 1 rtinez anager Dated: , 2017 "Remainder Grantee" Watchom Lincoln Memorial Association A California Non -Profit Public Benefit Corporation 2 Exhibit B - 2017 05-1 & (Red) Grant Deed. 'ULMA to City 5.4.2017 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } ) SS. COUNTY OF SAN BERNARDINO ) ©n `i :hP _ %(>!i , 2�7, before me, .�€Ct t i 'Ck(y1S a Notary Public, personally appeared, L t W t n I ±b2:� c who proved to me on the basis of satisfactory evidence to be the personN whose name(s) is/ice subscribed to the within instrument and acknowledged to me that he/§f e tk2y executed the same in his/h-ear/0it authorized capacity(ras), and that by his/hw/their signatureN on the instrument the person(.), or the entity upon behalf of which the persons' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) =ftrRardino iNS Notary Public California County z2175775 nDec 15, a0a0 a Exhibii B -2017 05-16 (Red) Grant Deed. WIMA to City 5.4.2011 LEGAL DESCRIPTION A.P.N.: 0171-291-20-0-000 Real property in the City of Redlands, County of San Bernardino, State of California; described as follows: LOTS 10,11,12 AND 21, BLOCK "E", ORANGE GROVE ADDITION, IN THE CITY OF REDLANDS, COUN T Y OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY. 5 Exhibit B - 2017 05-18 (Red) Grant Deed, WL1v1A to Lily 5.4.2017 RESTRICTIONS AND POWER OF TERTNU AT.ION The Property (as defined in the attached Grant Deed) granted to the City of Redlands, a municipal corporation existing pursuant to California law, ("GRANTEE") shall be subject to a power of termination (as defined in California Civil Code §885.010 [or similar provisions of future California state statutes]) conveyed to the Watchorn Lincoln Memorial Association., a California Non -Profit Public Benefit corporation, (" WLMA"). WLMA, or any successor holder of the poorer of termination, shall be referred to herein as "Holder" or "Remainder Grantee". GRANTEE, and its successors in interest, shall at aI.l times: (i) Make use of and maintain the Property- as a public facility for meetings, activities, luncheons, dinners, performances and other events, or any combination of the foregoing, to promote cultural, philanthropic, educational or public library values (including, without limitation, access to books, ideas, resources, information, artifacts and archives) for the benefit of the citizens of Redlands and the surrounding communities (all collectively referred to as the "Permitted Uses") and for no other purposes; (ii) Refrain from mortgaging the Property or pledging or creating a security interest in the Property for any purpose; and (iii) Refrain from allowing or causing any lien or judgment of any kind to be levied against the Property. The occurrence of any one or more of the following shall constitute a "Termination Event'' for the purposes of this Power of Termination: (a) a failure or cessation on the part of GRANTEE, at any time and for any reason, to make use of the Property for the Permitted Uses for a continuous period of six (6) months or longer where such failure or cessation is not cured by GRANTEE within the applicable time set forth below; or (b) a failure on the part of GRANTEE to meet the requirements of Items (d) and/or (iii) immediately above where such failure is not cured by GRANTEE within the applicable time set forth below. With respect to a failure or default by GRANTEE under Item (a) immediately above, the period allowed for GRANTEE to cure the failure or default is 180 days from receipt of written notice from Holder. With respect to a failure or default by GRANTEE under Item (b) immediately above, the period allowed for GRANTEE to cure the failure or default is 60 days from receipt of written notice from Holder. Upon the occurrence of a Termination Event, the fee simple title to the Property shall be subject to termination by Holder in accordance with the notice and other provisions of California Civil Code §885.050 (or similar provisions of future California state statutes). Prior to the Holder exercising the power of termination, Holder will give written notice of the 7 Exhibit B - 2017 05-18 (Red) Grant Deed. kit.1v1A to City 5.4.2017 Termination Event to GRANTEE. If GRANTEE fails to cure the Termination Event within the applicable time period specified hereinabove, Holder shall be entitled to exercise the right of termination by further notice and without treed for civil litigation in accordance with §885.050. The rights and duties of Holder hereunder are assignable by the Holder, and its successors in interest, upon written appointment and acceptance thereof duly executed by Holder and by each appointed successor, but only to an entity that then qualifies as a tax- exempt, non-profit public benefit corporation. Any such appointment and acceptance shall be effective upon recordation in the official records of the County of San Bernardino. Upon proper exercise of the power of termination by Holder, the Holder will thereupon acquire title to the Property. If Holder then qualifies as a tax-exempt, non-profit public benefit corporation, Holder -Mll, as the Remainder Grantee, thereafter continue to hold and utilize the Property for the Permitted Uses. If Holder should elect not to continue to hold title to the Property, or if Holder does not then qualify as a tax-exempt, non-profit public benefit corporation, then the Holder will convey the Property to a successor Remainder Granter; appointed by the Attorney General of the State of California (herein the "Attorney General"). In such event, the Attorney General shall appoint one or more tax-exempt, non-profit public benefit entities which must agree in writing to accept and hold the Property for the Permitted Uses and which satisfy the following requirements: each such organization must (i) operate in the City of Redlands or its surrounding communities and (ii) be dedicated to charitable purposes which are compatible with the Permitted Uses. Notwithstanding the provisions set forth herein, the parties intend that the Lease (herein "Lease") of the Property between WLMA, as Landlord; and The Contemporary Club, a California Non -Profit Public Benefit Corporation, as Tenant, which is dated December 30, 2015 (with 'W`LMA's rights, obligations, duties, and responsibilities as Landlord under the Lease being assigned to and assumed by the City of Redlands, a California general law city, pursuant to an Assignment of Lease Agreement executed contemporaneously with the execution of the Grant Deed to which this Exhibit "B" is attached), shall not be terminated by any exercise of the power of termination. If it is determined that such Lease is terminated by exercise of the power of termination, then, immediately upon obtaining; title to the Property following exercise of the power of termination, the Remainder Grantee (as Landlord) shall enter into a new lease with the Contemporary Club, with the same terms as set forth in the original Lease. These RESTRICTIONS AND POWER OF TERMINATION shall run with the Property for a term of thirty (30) years from the date of recordation of the Grant Deed to which this exhibit is attached; provided, however, that Holder shall be entitled to preserve the pourer of termination pursuant to California Civil Code §885.030 (2), except that such preservation shall be limited to 25 years from the date of recordation of the notice of intent to preserve the power of termination (so that the maximum term of the power of termination will be 55 years). 8 Exhibit B - 2017 05-18 (Red) Grant Deed. WLMA to City 5A2017