HomeMy WebLinkAboutContracts & Agreements_40-1986_CCv0001.pdf PARKLAND USE AGREEMENT
This Parkland USE? Agreement (the "Atea ree7m.ent" ) is entered
into by and between Redlands Security Company. a California
general partnership ( "Grantor" ) and the City of Rediands
( "City" ) a municipal corporation organized and existing under
the laws of the State of California . This Agreement shall the
effective on and as of the date set forth below.
Recitals
A. Grantor is the owner of that CE?rtain parcel of !a-r-.d
located in tile City of Redlands and describe-d on Exhibit "A"
which is attached hereto and incorporated herein by reference
( one "Land" ) .
B . The Land Q immediately adjacent; to tile jennie Davis
Park which isowned, maintained and oper3ted 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, but for no other purpose ,
D . The it desifes to obtain a gift of the Land froin"I
Grantor and to use the Land to expand the Park.
E. The City has informed Grantor that it may be neCElSsary
to use; certain portions of the Land in conjunction with the
City' s water drainage system, which use may, at: all times or
from. time-to-time, interfere with use of all or a portion cof
the Land as a public park.
F . City and Grantor now desire to provide for a gift of
theLand to the City for use to expand the Park, and to provide
for the fula benefit of that gift to t lie Park should any
portion of the Land be used by the City for purposes other than
expansion of the Park, all pursuant to the terms of t h _s
Agreement .
gpeKative Provisions
NOW THEREFORE, in consideration of the above Recitals and
of the convenants and condizions contained herAll, 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, the power of termination described in Article Q
hereinbelow.
4/S/GO!20-001/17031, i
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 .
ii . Use of Land Bv Cir-v; 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 , arLd without limiting the generality of the foregoing ,
the City spec ificaliy acknowledges and agrees chat Grantor has
donated the Land to the City for use in expanding the Park, and
for no other purpose . Therefore, the City further specifically
agrees that if the Land, or any portion tihereof , shall ever
cease to be used as a City Park, or parking related thereto ,
which is open to the public. or shall ever be used, whether at
all times or from rime-to-time . as part of or in conjunction
with the City' s nate_ drainage system or the Zanja Creek
drainage, or if any portion of such water dfainage systern or
the Zanj -3 Creek is placed or routed upon any portion of the
Land. or if water is ever spread on any portion of the Land in
conjunction with the City' s =Wr drainage system ( 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. arid 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 .
MI . 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 Q above by strictly complying
with the following :
(a) Within 30 days 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 and 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" ) .
2
(b) Within 30 days of the occurrence of the
Reversion Contingency the it and Grantor shall each determine
their best estimate of the market value of the Affected
Portion, zinc! shall provide that estimate, in writing , t ) tine
other . City and Grantor shall he use he best efforts to
agree on the market value M the Affected Portion within SLICh
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 ``say 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 secuion 3 . 1 . ifr- such va --te is
less than. eqal uto. 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
may the cost of such appraisal .
(c) Within 60 days of the agreement by City and
Grantor on the marker 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 intcan account pursuant
to section 3 . 1(c) above, plus all interest accrued thereon,
shall be used, within 18 months of the deposin of such sum into
the account , to pay for capital improvements at the Park which
have not already been budgeted by the City . Such amounts shall
not Ise used for maintenance of the park, for any part of the
Park' s normal operation budget , to pay any MR 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.
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 E;Ut)jE!Ct to all of the
provisions hereof including , wAhout limitation, Article K and
section 3 . 1 hereinabove .
M Miscellaneous Matters .
4 . 1 The City specifically covenants to Grantor that
all necessary approvals to the execution of this Agreement have
3
been obtained and thatt this Agree mient , when executed by the
City and Grantor as provided hereinbelow, shall constitute the
legal , valid, and binding obligation of the City in 3ccordance
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 . Am yr
litigation concerning this Agreement between the parties hereto
shall be 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 Agieement including ,
without limitation, Articles Q and Q above , A intEonded as ,
nor shall any provision herecf be interpreted as , a limitation
on the remedies available in the event of a breach hereof . in
the event of a breach, the aggrived ria fty 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 orim.possible to assess ,
and that monetary damages will riot adequately compensate the
aggrieved party. ThEl parties , therefore, agrEle that in the
event of a breach, the court may award specific enforcement of
othef 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 here to 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 hefein shall be deemed to
include their heirs , successors and assigns .
4 . 6 The City specifically covenants :hat it will , at
any time, execute any documents required by the internal
Revenue Service or otherwise reasonably requested by Grantor to
document tie 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 .
4
!N WITNESS WHEREOF , the a tM a have executed h_ _
Agreement ... effective thisday of December , 1986 .
"Grantor''ara rS#
REDLANDS SECURITY COMPANY,
a California al.
a r
Arthur Gro orw
General Partner
THE CITY OF REDLANDS, a
California municipal
corporation
s
i
And:
._#.
its : _.C1.ty � � -
The-t portion of Block 29, BARTON RANCH, in the City of Redlands,
County of San Bernardino, State of California, as per plat re-
corded 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 0' 431 15" West along the center-
line of said New York Street, 320 . 00 feet to the TRUE POINT OF
BEGINNING; thence North 890 541 32" East parallel with the afore-
said South line of the North 1/2 of Block 29, 616. 00 feet; thence
North 00 431 15" West parallel with the centerline of said New
York Street, 80. 00 feet to a point on the North line of the South
400 feet of said North 1/2 of Block 29 of the BARTON RANCH; thence
South 89' 54 ' 32" West along the North line of the South 400 feet
of said North 1/2 of Block 29, 616. 00 feet to a point on the
centerline of said New York Street; thence South 0* 43 ' 15" East
along the centerline of New York Street, 80. 00 feet to the point
of beginning.
EXCEPTING therefrom the Westerly 40 feet lying within New York Street.
SUBJECT to a 15 foot wide drainage easement, the centerline of
said 15 foot wide drainage easement being 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 01 43 ' 15" West along the center-
line of said New York Street, 320 . 00 feet; thence North 89' 541
3211 East along a line parallel with the aforesaid South line of
the North 1/2 of Block 29 , a distance of 530. 00 feet to the TRUE
POINT OF BEGINNING of said easement; thence at right angles North
00 051 28" West 80. 00 feet to the Northerly terminus of said
easement.
EXCEPTING therefrom that portion conveyed to the City of Redlands
by deed recorded December 23, 1935 in Book 1108, Page 367,
Official Records of said County, described as follows:
BEGINNING at a point on the East line of New York Street, said
point being the Northwest corner of the South 400 feet of the
Wast 853. 30 feet of the North 1/2 of said Block 29; thence along
the North line of the aforesaid South 400 feet, East 50 feet;
thence Southwesterly 54 . 60 feet to a point on the East line of
New York Street; thence along the East line of New York Street
North 22 feet to the point of beginning.
I
EXHIBIT,,y'
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
REID & HELLYER (JKM)
A Professional Corporation
599 N. Arrowhead Avenue
San Bernardino, CA 92412
Assessor's Parcel No:
171-021-02
GRANT DEED WITH POWER OF TERMINATION
This indenture is made this 11th day of December, 1986,
between Redlands Security Company, a general partnership
("RSC"), and the City of Redlands, a California municipal
corporation (the "City").
WHEREAS, RSC is seized in fee simple of that parcel of real
property which is described on Exhibit "A" attached hereto
and incorporated herein by reference (the "Land");
WHEREAS, the Land is immediately adjacent to the Jennie
Davis Park (the "Park") which is owned, maintained and
operated for the public benefit by the City and which is
now located upon land previously donated to the City by
Arthur Gregory, Sr. ;
WHEREAS, RSC now wishes to honor Arthur Gregory, Sr. by a
gift of the Land from RSC to the City for expansion of the
Park, but for no other purposes;
WHEREAS, RSC and the City have entered into a "Parkland Use
Agreement" (the "Agreement"), of even date herewith,
concerning RSC's gift of the Land and the City's use
thereof.
NOW, this indenture witnesseth as follows:
1. Grant of Real Property.
RSC does hereby grant the Land to the City and its
successors and assigns on the condition subsequent that the
Land shall be used by the City only in expanding the Park, and
for no other purpose, as provided in the Agreement which is
incorporated herein by reference.
2. Power of Termination.
RSC expressly reserves for itself and its successors
and assigns a Power of Termination so that if the City, or its
successors and assigns, shall ever cease to use the Land for
Public Park purposes as provided in the Agreement, or be in
material breach of any provision of the Agreement, then, RSC,
or its successors and assigns, may re-enter the Land.
3. Exceptions to the Grant.
In addition to the Power of Termination created
herein, this Grant shall be subject to:
EXEMPT FROM STATE AND LOCAL REAL
PROPERTY/SUPPLEMENTAL TAXES
3/S/R0014-001/0269V I
a. General and special taxes which are a lien, if
any;
b. Bonds and assessments of record, if any;
C. Covenants, conditions, restrictions,
reservations, rights-of-way and easements of
record, if any;
d. The effect of the Agreement.
4. Obsolescence of Power of Termination.
By acceptance of this conveyance, the City covenants
and agrees that, because this conveyance is made in honor of
Arthur Gregory, Sr. , the Power of Termination created herein
shall be of actual and substantial benefit to the holder of
such Power and such Power shall not become obsolete, as defined
in California Civil Code §885.040, during the life of any of
the natural partners of RSC or so long as such Power is held by
the kin, by blood or by marriage, of any of such natural
partners.
5. Exercise of Power of Termination.
Exercise of the Power of Termination created herein,
or avoidance thereof, shall be governed by the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the date and year first above written.
REDLANDS SECURITY COMPANY,
a California general partnership
By
THE CITY OF REDLANDS, a California
municipal corporation
By:
Its:
And:
Its:
2
'T r
n
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Redlands
post office Box 280 Property situate in San Bernardino County
Redlands , Calif . 92373 Amount of Documentary Transfer lax Due, $_NCgae* , The
consideration or value on which the tax due was computed wa-
Assessor ' s Parcel NO: of 0Bens or enoumttincc,,t rernaininr
171-021-02 on merest or operly C c:d at the time of sale,
-- -
matureof party determining the tax or his agent
*Consideration less than $100
GRANT DEED- WIT11 POWER OF TERMINATION
This indenture is made this 11th day of December , 1986 ,
between Redlands Security Company, a general partnership
("RSC" ) , and the City of Redlands, a California municipal
corporation (the "City" ) .
WHEREAS, RSC is seized in fee simple of that parcel of real
property which is described on Exhibit "A" attached hereto
and incorporated herein by reference (the "Land" ) ;
WHEREAS, the Land is immediately adjacent to the Jennie
Davis Park (the "Park" ) which is owned, maintained and
operated for the public benefit by the City and which is
now located upon land previously donated to the City by
Arthur Gregory, Sr . ;
WHEREAS, RSC now wishes to honor Arthur Gregory, Sr . by a
gift of the Land from RSC to the City for expansion of the
Park, but for no other purposes;
WHEREAS, RSC and the City have entered ;-to a "parkland L'se
Agreement" (the "Agreement" ) , of even date herewith,
concerning RSC' s gift Of the Land and the City' s use
thereof .
NOW, this indenture witnesseth as follows :
1. Grant of Real Property.
RSC does hereby grant the Land to the City and its
successors and assigns on the condition subsequent that the
Land shall be used by the City only in expanding the Park , and
for no other purpose, as provided in the Agreement which is
incorporated herein by reference.
2 . Power of Termination.
RSC expressly reserves for itself and its successors
and assigns a Power of Termination so that if the City, or its
successors and assigns , shall ever cease to use the Land for
Public Park purposes as provided in the Agreement , or be in
A. JAA
material breach Of any Provisi011 Of the Agreement , then, RISC,
or its successors and assigns , may re-enter the Land.
3 . K:xce ons to the Grant .
kj _
In addition to the Power of Termination created
a . General and special taxes which are a lien, if
any;
b. Bonds and assessments of record, if any;
C . Covenants , conditions , restrictions ,
reservations , rights--of-way and easements of
record , if any;
d . The effect of the Agreement .
4 . Obsolescence of Power of Termination.
By acceptance of this conveyance, the City covenants
and agrees that , because this conveyance is made in honor of
Arthur Gregory, Sr . , the Power of Termination created herein
shall be of actual and substantial benefit to the holder of
such Power and such Power shall not become obsolete, as defined
in California Civil Code §885.040, during the life of any of
the natural partners of RSC or so long as such Power is held by
the kin, by blood or by marriage, of any of such natural
partners .
5 . Exercise of_ Power.. of Termination.
Exercise of the Power of Termination created herein,
or avoidance thereof , shall be governed by the Agreement .
IN WITNESS WHEREOF, the parties hereto have set their hands
on the date and year first above written.
REDLANDS SECURITY COMPANY,
a California gener partnership
By
..................
THE CITY OF REDLANDS, a California
municipal corporation
By:
Its : Icity Manaqe.r.
And : ,, � , 4",,' ....
Its : — City Clerk"-
2
s
STATE OF CALIFORNIA }
. ss .
COUNTY OF SAN BERNARDINO }
On this 30th day of December , 1986, before me,
B. San�ez , a Notary Public in and for said County
and State , personally appeared John E Holmes and Lorrie__wzer,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the personswho executed the within
instrument as City Manager and City Clerk or on
behalf of the municipal corporation therein named and acknowledged
to me that the municipal corporation executed it .
WITNESS my hand and official seal .
OFFICIAL SEAL
an6. SANCHEZ Notary Public in and Tior said
�
IMwiNo CWJKY County and State
MY Can",6V.JM 12.1987
STATE OF CALIFORNIA }
. ss.
COUNTY OF SAN BERNARDINO )
On his day of December , 1986 , before me,
Susan eresa a ing a Notary Public in and for said County
and State , personally appeared Arthur Gregory, Jr . ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed this
instrument on behalf of the partnership and acknowledged to me
that the partnership executed it .
WITNESS my hand and official seal .
IOMNAl SEAL)
KF.
SUSAN TERESA WALLING Notary Public in and For said
Ni11AN RNAR - D COUNTY County and State
SAN BERYARDfNO COUNTY
my Commisoon Expires Sept. 251 1989
That portion of Block 29, BARTON RANCH, in the City 6f Redlands,
County of San Bernardino, State of California, as per plat re-
corded 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 00 43 ' 15" West along the center-
line of said New York Street, 320. 00 feet to the TRUE POINT OF
BEGINNING; thence North 89" 541 32" East parallel with the afore-
said South line of the North 1/2 of Block 29, 616. 00 feet; thence
North 0* 431 15" West parallel with the centerline of said New
York Street, 80. 00 feet to a point on the North line of the South
400 feet of said North 1/2 of Block 29 of the BARTON RANCH; thence
South 890 541 32" West along the North line of the South 400 feet
of said North 1 /2 of Block 29, 616. 00 feet to a point on the
centerline of said New York Street; thence South 0* 43 ' 15" East
along the centerline of New York Street, 80. 00 feet to the point
of beginning.
EXCEPTING therefrom the Westerly 40 feet lying within New York Street.
SUBJECT to a 15 foot wide drainage easement, the centerline of
said 15 foot wide drainage easement being 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 00 431 15" West along the center-
line of said New York Street, 320. 00 feet; thence North 89* 541
32" East along a line parallel with the aforesaid South line of
the North 1/2 of Block 29 , a distance of 530. 00 feet to the TRUE
POINT OF BEGINNING of said easement; thence at right angles North
00 051 28" West 80. 00 feet to the Northerly terminus of said
easement.
EXCEPTING therefrom that portion conveyed to the City of Redlands
by deed recorded December 23, 1935 in Book 1108 , Page 367 ,
Official Records of said County, described as follows :
BEGINNING at a point on the East line of New York Street, said
point being the Northwest corner of the South 400 feet of the
West 853. 30 feet of the North 1/2 of said Block 29; thence along
the North line of the aforesaid South 400 feet, East 50 feet;
thence Southwesterly 54 . 60 feet to a point on the East line of
New York Street; thence along the East line of New York Street
North 22 feet to the point of beginning.