HomeMy WebLinkAboutContracts & Agreements_13a-1990_CCv0001.pdf PARKLAND USE AGREEMENT
This Parkland Use Agreement (the "Agreement" ) is entered into
by and between Redlands Security Company, a California general
partnership ("Grantor" ) and the City of Redlands {"City" ) a
municipal corporation organized and existing under the laws of the
State of California. This Agreement shall be effective on and as
of the date set forth below.
Recitals
A. Grantor is the owner of that certain parcel of land
located in the City of Redlands described on Exhibit "A" and shown
on the drawing marked Exhibit "A-1 " which are attached hereto and
incorporated herein by reference (the "Land" ) .
B. The Land is immediately adjacent to the Jennie Davis Park
which is owned, maintained and operated for the public benefit by
the City (the "Park" ) .
C. Grantor now desires to donate the Land to the City for
expansion of the Park, the development and maintenance of a portion
of a bike trail system and installation and maintenance of a fully
covered and enclosed underground drainage system, but for no other
purpose.
D. The City desires to obtain a gift of the Land from
Grantor and to use the Land for the expansion of the Park and the
development and maintenance of a portion of a bike trail system.
E. City and Grantor now desire to provide for a gift of the
Land to the City for use to expand the Park and to develop and
maintain a portion of a bike trail system, and to provide for the
full benefit of that gift to the Park should any portion of the
Land be used by the City for purposes other than expansion of the
Park or the development and maintenance of a portion of a bike
trail system, all pursuant to the terms of this Agreement.
Operative Provisions
NOW THEREFORE, In consideration of the above Recitals and of
the covenants and conditions contained herein, Grantor and City
agree as follows:
I. , Donation of Land.
1. 1 Concurrently with the execution hereof, Grantor will
convey to the City fee simple title to the Land, subject, however,
to the power of termination described in Article II hereinbelow.
4/S/RO014-005/PKLAND.USE 1
1.2 Conveyance of the Land to the City shall be
accomplished by execution and delivery to the City of that certain
Grant Deed, a copy of which is attached hereto as Exhibit "B" and
which is incorporated herein by reference.
Use of Land By City; Reversion to Grantor.
The City specifically covenants that the Land, or monies
equal to the value of the Land, will be used to improve and/or
expand the Park, which improvement and expansion shall be in
addition to improvement and expansion which would occur
notwithstanding the gift herein described. In furtherance thereof,
and without limiting the generality of the foregoing, the City
specifically acknowledges and agrees that Grantor has donated the
Land to the City for use in expanding the Park, and for the
development and maintenance of a portion of a bike trail system and
installation and maintenance of a fully covered and enclosed
underground drainage system for the purpose of carrying storm and
irrigation surface drainage ( "Drainage System" ) and for no other
purpose. The City further specifically agrees, notwithstanding any
prior installation of the Drainage System, that if the Land, or any
portion thereof, shall ever cease to be used as a City Park or a
bike trail, which is open to the public, (the occurrence of any
such event being referred to herein as the "Reversion
Contingency" ) , then and thereupon the conveyance of the Land to the
City shall be null and void and the Land shall, on demand, revert
to Grantor, its successors and assigns, who shall then have the
absolute right to reenter the Land and repossess the same to the
exclusion of all others.
III . Avoidance of Reversion.
3. 1 In the event of the occurrence of any Reversion
Contingency, the City may, so far as that Reversion Contingency is
concerned, prevent the exercise of Grantor' s right to reenter as
described in Article II above by strictly complying with the
following:
(a) Within 30 days of the receipt by City of
written notice from Grantor of the occurrence of the Reversion
Contingency, the City shall give written notice to Grantor of its
election to exercise its rights under this section 3 . 1 . Such
notice shall set forth a detailed description of the portion of the
Land which is the subject of the Reversion Contingency which
portion shall be the entire portion of the Land which is affected
by or may reasonably be expected to be affected by the Reversion
Contingency (such area being referred to herein as the "Affected
Portion" ) .
(b) Within 30 days of the expiration of the period
specified in section 3 . 1 (a) above, the City and Grantor shall each
determine their best estimate of the market value of the Affected
Portion, and shall provide that estimate, in writing, to the other.
City and Grantor shall then use their best efforts to agree on the
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market value of the Affected Portion within such 30 day period.
If Grantor and City cannot agree upon the market value of the
Affected Portion within such 30 day period, they shall then seek
to immediately agree on an appraiser or, if they cannot agree
within 20 days, either may petition the presiding judge of the San
Bernardino Superior Court for designation of an independent real
estate appraiser. The appraiser so selected shall immediately
undertake to conduct a market-value appraisal of the Affected
Portion. The value arrived at by such appraiser shall be binding
on City and Grantor for purposes of this section 3.1 . If such
value is less than, equal to, or exceeds, by less than 5%, the
value set forth in the City ' s written estimate of the value,
Grantor shall pay the cost of the appraiser. Otherwise, the City
shall pay the cost of such appraisal.
(c) Within 60 days of the agreement by City and
Grantor on the market value of the Affected Portion or within 60
days of the obtaining of an appraisal, as the case may be, the City
shall deposit into a segregated, interest bearing account at a bank
or savings and loan association a sum equal to the agreed upon or
appraised value, as the case may be, of the Affected Portion.
(d) The sum deposited into an account pursuant to
section 3. 1 (c) above, plus all interest accrued thereon, shall be
used, within 18 months of the deposit of such sum into the account,
for one of the following purposes : ( i) to pay for capital
improvements at the Park which have not already been budgeted by
the City (such amounts shall not be used for maintenance of the
park, for any part of the Park' s normal operation budget, to pay
any debt incurred in providing prior capital improvements, for
improvement or maintenance of any other City property, nor for any
other purpose except capital improvements at the Park, or (ii)
donated to the A. K. Smiley Public Library Endowment Fund, to be
administered by the Library Board of Trustees.
3.2 After following the procedures set forth in
section 3. 1 above as to the Affected Portion all of the Land except
such Affected Portion shall remain subject to all of the provisions
hereof including, without limitation, Article II and section 3 . 1
hereinabove.
IV. Miscellaneous Matters.
4. 1 The City specifically covenants to Grantor that all
necessary approvals to the execution of this Agreement have been
obtained and that this Agreement, when executed by the City and
Grantor as provided hereinbelow, shall constitute the legal, valid,
and binding obligation of the City in accordance with the terms
hereof.
4.2 This Agreement is entered into in the City of
Redlands, County of San Bernardino, State of California and shall
be governed by the laws of the State of California. Any litigation
concerning this Agreement between the parties hereto shall be
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instituted and prosecuted in the Courts in San Bernardino County,
California, and the parties waive any right to a change of venue.
4.3 Nothing contained in this Agreement including,
without limitation, Articles II and III above, is intended as, nor
shall any provision hereof be interpreted as, a limitation on the
remedies available in the event of a breach hereof. In the event
of a breach, the aggrieved party may, in lieu of the remedies set
forth herein, bring an action in a court of competent jurisdiction.
In the event such an action is brought, the parties hereto
specifically agree that monetary damages would be extremely
difficult or impossible to assess, and that monetary damages will
not adequately compensate the aggrieved party. The parties,
therefore, agree that in the event of a breach, the court may award
specific enforcement or other equitable remedies to redress such
breach and to, as much as possible, give the aggrieved party the
full expected benefit of this Agreement.
4.4 In the event of any litigation between the parties
hereto with respect to the subject matter hereof, the prevailing
party in such action, in addition to whatever other remedies the
Court may deem proper, shall be entitled to an award of reasonable
attorney' s fees and costs incurred on the prosecution of such
action.
4.5 This Agreement shall be binding on the parties
hereto and their respective heirs, successors, and assigns, and
any reference to the City or Grantor herein shall be deemed to
include their heirs, successors and assigns.
4.6 The City specifically covenants that it will, at
any time, execute any documents required by the Internal Revenue
Service or otherwise reasonably requested by Grantor to document
the gift to the City herein described or to allow Grantor and/or
the partners thereof, to take a charitable deduction for reason of
such gift.
IN WITNESS WHEREOF, the parties have executed this Agreement
to be effective this 5?�#-day of +%T-9h, 1990 "
rd
-T-VTA4--L m
"Grantor"
P
REDLANDS SECURITY COMPANY, a
California general partners
By:
Arthur Grect V,
rUiur Greg Jr.
General Par
o
4
"City"
THE CITY OF REDLANDS, a
California municipal
corporation
By
*T . Mayor _
And:
Its7: --rC-. tv ClArk _.
STATE OF CALIFORNIA j SS
COUNTY OF SAN BERNARDINO )
J , in the year 1990 ,
On this �rh _ day of unepublic, personally appeared
before me, B. Sanchez, Notary personally
r rp-anrv. Jr.
known to me (or proved to me on tsitheofwithinfacinstrumentncas
to be the person #st who executedof the company
General Partner g executed it.
therein named and acknowledge to me that the company
IN WITNESS WHEREOF, I hereunto set my hand and official seal .
OFF Oft
B. SANCHEZ
�� My Commission Expires /12/91
.kno 1 .1941
On this 5th , day of June , in the year 1990 ,
before me, B. Sanchez, Notary Public, in and for said State,
personally appeared CHARLES G. DEMIRJYN, known to me to be the MAYOR
of the City of Redlands, and LORRIE POYZER, known to me to be the
CITY CLERK of the City of Redlands, of the municipal corporation that
executed the within instrument, and known to me to be the persons who
executed the within instrument on behalf of the City of Redlands
therein named, and acknowledged to me that the City of Redlands
executed the within instrument.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
[16 =- --- I
VX COL"V B. SANCHEZ
My Commission Exp res 6/12/91
That portion of Block 29, BARTON RANCH, in the City of Redlands, County of
San Bernardino, State of California, as per plat recorded In Book 6 of Maps,
Page 19, records of said County, described as follows:
COMMENCING at the intersection of the centerline of New York Street and the
South line of the North 1/2 of said Block 29, produced Westerly; thence North
890 54' 32" East along the South line of said North 1/2 of Block 29, 616.00
feet; thence continuing along the South line of said North 1/2 of said Block 29,
275.71 feet to a point 386.8 feet West of the West line of Texas Street as shown
on said map; thence North 00 42' 12" West parallel with the West line of said
Texas Street, 290.70 feet to the South right of way line of Redalnds Boulevard,
formerly known as Central Avenue and formerly known as Highway 99; thence North
580 15' 45" West along said right of way line, 23.24 feet to the Southeast corner
of that tertian parcel of land conveyed to the City of Redlands by deed recorded
September 28, 1934 in Book 996, Page 195, Official Records of said County, said
corner also being the True Point of Beginning; thence South 890 54' 32" West along
the South line of the aforesaid parcel conveyed to the City of Redlands, 56.85
feet to an angle point therein; thence North 580 15' 45" West along the
Southwesterly line of the aforesaid parcel conveyed to the City of Redlands, 183.41
feet to the most Westerly corner of the aforesaid parcel conveyed to the City of
Redlands; thence South 890 54' 32" West parallel with the South line of the North
1/2 of said Block 29, 44.15 feet; thence South 00 43' 15" East 56.50 feet; thence
North 670 41' 38" East 62.93 feet; thence South 580 15' 45" East 227.35 feet;
thence North 00 42' 12" West 47.35 feet; thence North 310 44' 15" East 10.04 feet to
the True Point of Beginning.
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