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CIT9 OF SAN BERNARDlaCb - REQUEOr FOR COUNCIL ACQ)N
From:
Mayor Evlyn Wilcox
Subject: Sturges Auditorium
;Y'IT
Dept:
Mayor's Office
April 29, 1987
Date:
Synopsis of Previous Council action:
November 28, 1984 - RDA sold Sturges Auditorium to Sturges Center for the Arts
Recommended motion:
Adopt resolution authorizing City Clerk to accept Deed to Sturges
Auditorium
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Signature
Contact person:
Mayor Evlyn Wilcox
Phone: 5114
Supporting deb IUached:
Ward: Fi r~t
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Nol3.:
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CITOOF SAN BERNARDIO - REQUEO' FOR COUNCIL ACON
STAFF REPORT
On or about November 28, 1984, the Redevelopment Agency of the
City of San Bernardino transferred its interest in the Sturges
Auditorium to the Sturges Center for the Arts, a California
non-profit corporation. Under the auspices of the Sturges
Center for the Arts, the Sturges Auditorium has been
refurbished and is presently in a state to be used for its
intended purposes of hosting fine arts and cultural arts events
in the community.
The Sturges Center for the Arts propose to transfer the
ownership of the Sturges Auditorium to the City of San
Bernardino for 10ngterm maintenance and operation by the
Department of Parks, Recreation and Community Services. The
transfer is subject to the condition that the property be used
in perpetuity for the preservation and encouragement of fine
arts and cultural arts for the community. This condition is
contained in the covenants referred to in the deed and which
were originally incorporated in the Disposition and Joint
Development Agreement between the RDA and the Sturges Center
for the Arts, a copy of which is attached to the resolution.
75,0264 4/29/87
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE OF A CORPORATION GRANT DEED FROM STURGES CENTER FOR
THE ARTS, A CALIFORNIA NON-PROFIT CORPORATION RELATING TO STURGES
AUDITORIUM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Clerk of the City of San Bernardino is
7 hereby authorized and directed to accept on behalf of said City
8 the Corporation Grant Deed from Sturges Center for the Arts, a
9 California non-profit corporation. This Grant Deed transfers to
10 the City the ownership of that real property commonly known as
11 "Sturges Auditorium" as more specifically described in said
12 corporation Grant Deed, a copy of which is attached hereto,
13 marked Exhibit "A" and incorporated by reference herein as fully
J4 as though set forth herein.
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SECTION 2. This Corporation Grant Deed is accepted subject
16 to those covenants, dedications, and restrictions on the use of
17 Sturges Auditorium set forth in that document entitled
18 "Disposition and Joint Development Agreement" recorded as
19 Document No. 84-287808 in the office of the San Bernardino County
20 Recorder on December 3, 1984, a copy of which is attached hereto
21 as Exhibit "B" and incorporated by reference herein as fully as
22 though set forth herein.
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SECTION 3. The City Clerk of the City of San Bernardino is
24 directed to have the Corporation Grant Deed recorded with the San
25 Bernardino County Recorder.
26 I HEREBY CERTIFY that the foregoing resolution was duly
27 adopted by the Mayor and Common Council of the City of San
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4/29/87
J5
Mayor of the City of San Bernardino
Approved as to form:
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18 Cit;tttorney .
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4/29/87
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RECORDED AT THE RtoutsT Of
MST AM[I1ICNt TITLllhSU~CI CQ.
~ Aoques by!
Ill'D!\'ELOPME AGENCY
r.~...n r.~:~ed. aU to:
r.~t'l'![~Cj\MfN AGENCY Of THE
em Oi s,,~ BE NARDING. CA DISPOSITION AND JOINT DEVELOPMENT l\l"dlEEIlENT
:: =';j~~ ~~ :~4~IS AGREEMENT i. .ade and entered into this -L- day of
3 tJo.f^~"", 1914, by and bet....n the aEDEVELOPI4ENT AGENCY
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OP 'l'HE,ClTY OF SAN BE~~ARDINO, a public body corporat.
(hereinafter called .Agency.), and STURGES CENTER FOR THE
a California non-profit corporation (hereinafter called
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"Foundaticn") .
The parties agree a. follows:
SECTION 1. Recital..
141 Agency ia the owner of premi... commonly known a. the
Sturges Auditorium, located at the ~uthw.st,corner of ~E" Street
and Ei9hth Street in the City of S.n B.rnardino, the exact le9al
de.cription of ..hich property i. .et forth in Exhibit 'A' .ttach~
hereto and incorporated herein by reference. Agency is willing
to sell this property at a nominal price to Foundation, with
certain assurances that the property will be used in the public
interest, and for the promotion and furtherance of cultural
pursuits and the promotion of the arts in the San 8e~nardino
area.
1.2 Foundation is a non-profit corporation recently foraed
for the purpole of preserving and restoring the 8S0-seat
auditorium known a. Sturges Auditorium, in recognition of it.
outstanding architectural significance. Foundation proposes that
the Sturges Auditorium will provide a permanent art activity
center for the City of San Bernardino, provide a permanent
central location for various art groups of the C1ty, and include.
cla.sroom faciliti.s which could aerv. a. gallerie. for a
peraanent art gallery, and could house various other art and art
EX,HlBIT .1
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oriented _peet.Iti...
SECTION 2. Implementation.
2.1 Agency Agrees to eell, and Foundation .9~.e. to buy,
the property generally ro~erred to A. the Sturges Auditorium, I.
fully described in Exhi~it -A- attached hereeo and incor~r.t.d
herein by reference, for the Bum of One Dollar ($1.00) in cAsh,
due in full at time of closing, subject to the terms And
conditions specified hereinafter.
2.2 The Agreement shall be subject to the conditione
.pp.~!t1ed hereinafter, which ahall be covenants running with
Ule lana. The Agency shall be deemed an inter..ted party and
shall h.',re standing to seek enforcement of this agreement and of
the conditions and covenants running with the land. The
condi~ion. shall be as follows:
(al The real property conveyed hereby shall reaain,
until released by permission of the Community Development
Commission, its successors or .sslgn., dedicated to the
preservation and encouragement of flne arts f~r the San
Bernardino community. In the event that Foundatior-, its
succe.sors or assigns shall fail to abide by this covenant,
Agency shall have the power, at its option, to declare this
condition violated through the following procedure. After holdin
a public hearing before the governing body of the Agency on the.
issue of .uch alleged violation, of which Foundation is given at
leaat ten (10) days advance notice, .t which hearing the
EOUD4ationi, its successora and ...ignl ahall be given
reasonable opportunity to be heard, the Agency ahall dete~ine
whether the condition haa in fact been violated. Upon a
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d.t.rain.tion aad. in 900d f.ith th.t the condition h.. in f.ct
2 be~n violated, At.ncy ahall record ita d.t.~ln.tion of breach of
3 thi. condition, upon,which r.cordin9 title to thi. proporty .h.11
4 r.v.rt to A9.ncy forthwl,h, .nd A9.ncy .h.ll h... the ri9ht of
5 i..adi.t. po.....ion.
6 (bl In the .v.nt th.t Found.tion .l.ct. to ..11 or
1 othervise dispoae of the property, Poundation ahall g1ve notice to
1 A9.ncy of it. lnt.ntion to .0 di.po.. of the property, .nd of the
9 proposed purcha.er or grant.. of tho property, and of any
10 condition. int.nd.d to be includ.d in .uch tr.n.fer of titl., .t
II which polnt A9.ncy .h.ll h... the r19ht to r.purch..e the property
12 for One Dol1.r el1.001. If, .fter written notice to Agency of the
13 inforaation provided for herein, Agency f.il. for thirty day. or
14 ~re to notify Foundation of ita d.. ire to ...rci.. ita right to
J5 r.purch... the property for On. Doll.r (11.001, the ri9ht of
16. repurcha.e i. de.aed to be waived, and Agency ahall have no
17 further right of repurcha.e. Such. waiver ahall not affect
II Agency'. authority to enforce the conditIons .et forth In
19 .ubpar.9r.ph e.l .bov., howe.er, which .uthority .h.ll continue in
20 full force.
21 (cl FOund.tion coven.nt. th.t it will aake the f.cility
22 ...il.bl. to v.riou. .rt. 9roup. loc.t.d within the City of S.n
23 Bernardino, including, to the extent f...ible, providing a
24 pen.nent location for various art. group. of the City, and ahall
25 lik.wi.. provide 9.11.ri.. for the di.pl.y of work. of .rt, .nd
26 aball further work with varlou. city _,encl.. ln proaotln, the
27 fine art. within the coaaunity of S.n Bern.rdino.
21 2.3 Agency .h.ll d.vote the proceed. of the .ele of the
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lealiforol. Theatre property to the Civic Light Opera .'\a.ociation
Ita the refurbishing of Sturges Auditorium, which proceed. are to
Ibe in the 8um of $IS0,000.00. From those proceeds, Agency.hall
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Ireimburse Foundation for expe~~e& incurred in the refurbiMhlog at
!' the AuditorIum and facilities. or, upon certification by
j: Foundation that work has been done and that payment Is due, may
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fpay directly to cOl"itractors and others providing labor or material
rfal' the refurbishing. such aums as Foundation certifies to be due
land owing for work actually performed or services actually
1 provided in the refurbishing of the Sturges Auditortum. Agency
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i shall be responsible to provide no more than the $150,000.00
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l,proceedS of the sale of the California Theatre to Civic Light
Opera Association. and payment of these funds shall be in the
I: sound d,iscretion of Agency and devoted only for the payment of
'expenses actually and reasonably incurred 1n such refurbishing.
I' 2.4 The property shall be used, and it is a covenant running
I: wi th the lal.d that it sh:J11 only be used, for redevelopment and
use of the property in conformance with the redevelopment plan for
:the Central City North Redevelopment Project, which covenant shall
expire upon terminatioli of the redevelopment plan for that
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22 2.5 The provisions of this agreement relative to the use of
23 . the property and all other conditions specified in Sections 2.2
24 .and 2.4 shall survive the execution and delivery of the deed
2S jprovided for herein.
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2.6 The Agency and Foundation ahall open an e8crow with
i First American Title Company, San Bernardino, California (-E8crow
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I Holder-), within three (3) busineas day. after the
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executil.;i of thia agre.ent for the pl.lrpo.e of con.........tlftCJ the
2 ..le. tran.action cont..plated hereby. The Agency and the
3 Foundation agree to execute auch .dditi~n.l eacrow instructions
4 not inconaiatent with the ter.s and proviaiona of thia
5 agreement aa may be required by the Escrow Holder for the rurpoae
6 of consummating the aalea tranaaction. Escrow ahall be
7 scheduled to close on or before September 1, 1985, or not later
. than thirty (30) days after the date of approval and execution of
9 this agreement by the parties hereto. Close of escrow ahall be
10 the d~te upon which the Grant Deed from the Agency to the Foundati n
11 is recorded, provided that aaid Grant Deed shall be delivered by
12 the Agency to the F..crow Holder not later than two (2) business
13 days prior to a acheduled close of e.crow. Title to the
14 property ahall be delivered to the Foundation purauant to a
15 Grant Deed which Grant Deed ahall include or adequately
16 incorporate the conditions apecified in Sections 2.2 and 2.4
17 hereinabove. The obligation of the Agency to deliver the Grant
11 Deed and close the escrow is conditioned upon the Foundation
19 depositing with the Escrow Holder the full amount of the purchase
20 price of the property. Each party shall pay ita own ordinary
21 portion of the coata and .acrow feea.
22 2.7 All notic.. and demands of any 'kind which any party
23 hereto ..y be required to aerve upon any other party under the
24 terma of this Agre8lllent ahall be served in writing on 8uch other
25 party by peroonal .ervice or by leaving a copy of .uch notice or
26 d....nd at the addu.. hereinaft.r .et forth,wh.reupon ..rvic.
27 .hall be d....ed compl.te, or by ..a.11ng a copy thereof by
21 certified or regiatered .ail, poatage prepaid with return receipt
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grant to the Agency auch right and power to institute and proa.cut
2 such proceedings.
3 2.9 This agreement ahall be construed and enforced in
4 accordance with the laws of the State of California. ~hould any
S action be brought in any court of competent juriadi~tion, the
6 prevailing party in such action shall be entitled to reasonable
7 attorney's fees, court costs and necessary disbursements in
. connection with such litigation.
9 2.10 Foundation agrees that, in addition to the other
10 provisions set forth in this agreement, the property shall be
11 used as set forth in this .action, and that t ere shall be no
12 discrimination against or aegregation of any person or group of
13 persons on account of race, color, creed, religion, sex, marital
14 status, national origin or ancestory in the aale, lease,
IS aublease, transfer, use, occupancy, tenure or enjoyment of the
16 premises to b~ conveyed, nor ahall the Foundation or any
17 grantees, lir.ensees or permittees or any persons claiming under
II or through the Foundation establish or permit any such practice
19 or practices or discrimination or segregation with reference to
20 the .election, location, number, use or occupancy of tenants,
21 lea.ora, subtenants, sublessees, vendees, attendees, or other
22 busineaa invitees in the premises to be conveyed. This agreement
23 shall be a covenant running with the land, and ahall inure to
24 the benefit of and be enforceable by the Agency, it. successors
2S and a.signs. Furthermore, it ia intended and agreed that the
26 covenant. contained in this subsection ~hall remain in effect
27 without limitation .s to time.
21 SECTION 3. Except aa otherwise expres.ly provided herein,
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ACINOWLEDGEMENT~ .
STATE or CALIF<lUlA )
COOICrY or SAIl I_DINO )
00 "ov"..~tA I Iff/l . lleforo. OLEII JNmS JONES, JR., . DOtarr pubUc.
per.oull, a"urel v.a. HOLCOlCl aDd GLENDA. SAUL, penoul1J kDDVD to .. to be the
peraou who ..Kuted thie s._Cn..at .. aalrua
aDd Secretlr" r..peeU..l" of the IIJJEVELOPMD'l' AGENCY or
.Dd adl1KlIIflecS.ed to .. CUt the UDEYELotXENT AGENCY or
ted it.
OLEN JAMES JONES. JR
JIOIAlrflUll1C .CAU'OII1IA
SAIl 'UNAlDfNO COUNTY
My Commlttion r.." OcL 16.1987
~~
OLF.N JANIS \l9JIIS. IfOTAlY PUBLlC
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ITATEOfCAllfQllttIA D__ ..l~ laa.
COUNTYOF~~"""~~___,..:.,...I
On.___AlA.tM!~t-L,4f______~..... _. _........... NoWy Publlc: '" _ tor
-......____ ._____T.~I_~___ffY~~_______........
_,.__Pe!t~.v ___lfj~)____ _.__ ___ .~IIIDMIo_lorlllfOllMto_OIItM
-..01 .....KIoI'y~ to. ....lI*IOl'ISwho eaeQlted 1M.... '"""-' u___ _ ____u
_.__._-_.__~MCl__'_'____4____s.c...."y.Oftbehallal___ ______
.s+-,,~~,,--.u.J.~_-II... IU.iJ.,
....COt'POf*lIOn__.......aIId~to_1Nt
~GCIfIICRliOn..KUted..........."*-t~toill
br-'-IoretWOluUoltat-.bMrcIoIcllNctort..
WlT~ESS lftJ IIMd and off~....
~"... _"r...l"(",,~
,';'~.;' OLEN JAMES JONES. JR
~';:&i:' _GlUT PliBtIt . '''UfOt,.....
.. . SAN KIII,_amMO CGUNn
.... com".... bpi," Oc:L 16. 1987
_'__nl2~,__
('htl. .,.. kif 011_' notMII.....
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PARCEL NO. 11 AUDITORIUM AND GROUNDS
.
A PO~TION OF LOTS 7 AND e, BLOCK 53, CITY OF SAN BER~ARDINOI
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 1, '
RECORDS OF SAID COUNTY.
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT e; THENCE SOUTH
o DEG. D.' 14M EAST ALONG THE EAST LINE Of SAID LOT e, A DISTANCE
OF 152.50 fEET; THENCE SOUTH e. DEG. 57' 12M WEST PARALLEL WITH
THE NORTH LINE Of SAID LOTS 7 AND e, A DISTANCE Of 200.00 fEET;
THENCE NORTH 0 DEG. D.' 14M WEST PARALLEL WITH SAID EAST LINE,
152.50 FEET TO SAID NORTH LINE; THENCE NORTH e. DEG. 57' 12M
EAST 200.DO fEET TO THE POINT OF BEGINNING.
AT THE DATE HEREOf EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD
BE AS fOLLOWS'
.
~H~f A
o
RII!:CORCING REQUESTED BY
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AND WNIIN IIIECOltDIlD .....11.. TNIS DelED AND. l,lNLIl.. OTHER
WI.. aHOWN .1:1..0W, MA'r.. TAX STAr.NENTS TO,
N..... reITy CLERK
..._..... 300 North D Street
en"... San Bernard lno
..... CA 92418
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Title Order No.
Escrow No.
.,.ACE AIIOVE THIS LINE I'OR ..II:COflOIE.... USI:
Corporation Grant Deed
The undeni,ned declares lbat lilt: doeumentary transfer tux is' mm............. ...........................
o computed on the full value of the interest or property conveyed, or is
o computed on the full \'Blue leu the value of liens or encumbrances remaining thereon at the time of ..Ie. The land,
tenemenls or Ralty is located in
o unincorporated area 0 city oL._ m.mm.................. .......................
.. and is
. and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowleclpl.
STURGES CENTER FOR THE ARTS, A CALIFORNIA NON-PROFIT CORPORATION
IE corporation organized under the law. of the State of
)u,,,,by GRANT(S).o THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION
the following described real property in the
County of San Bernardino
, slate of California:
A portion of Lots 7 and 8, Block 53, City of San Bernardino, in the
City of San Bernardino, County of San Bernardino, State of California,
as per map recorded in Book 7 of Maps, page 1, records of said County,
as more particularly described in Exhibit "A" attached hereto and made
a part hereof.
This conveyance is given subject to the terms and conditions of a
Disposition and Joint Development Agreement between the Sturges Center
for the Arrs, 8 California corporation and, the Redevelopment Agency of
the City of San Bernardino, a public corporation, on file 8S document
number 84-287808 in the office of the County Recorder of the County of
San Bernardino. The conditions specified in Sections 2.2(a), 2.4, 2.5,
2.8, 2.9, 2.10, Sections 3 and 4 of that document are incorporated herein
by reference.
STATE OF CALIFORNIA
lss.
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Presi
D...d ADril 29. 1987
COUNTY OF
On helore me,
the undel'\lil'med. a Notal)' Puhlie in lInd for nid Counly lInd Slale.
penonlllly Ippearfil
known lame ta l>ethc
President.lInd
, known to me 10 I...
Seuetl....,a(thel'OrpGl'lI.tion thnt e!leCuted the within
lnatrumenl. knawn 10 me to be the IlI!I'>OOnH who ,,:ll'!'Uled 1"('
within Instn.Ln,enl on beh"lf of the torpor"ti"" the....in nllnled, "nd
lIcanowledllfil to I'nc that ludl I'Orporatioll el",,'uted th.. within
instrument !,unuant 10 i'" by.lllWK or a I'I!lIOlution of iL< I"xtrd uf
diredon.
FOR NOTARY SEAL OR STAMP'
Sijtnature of Notary
'fAIL TAX STATnIE:-iTS TO PARTY SHOWN O:-i }'OJ.I.OWI:-i(; I.I:-i}:; I}' SO PARTY SO SHOWN, 'fAIL AS DIRECTED ABon;
Name
Street Addrellti
Cily &: State
1.-2 (G S,) Rev. (io-7~1 (I pt.)