Loading...
HomeMy WebLinkAbout19-Mayor's Office 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 {./ ,) 1 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.: Iq I 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 o o o o 1 2 3 4 5 6 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. 15 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. 23 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 28 4/29/87 J5 Mayor of the City of San Bernardino Approved as to form: 16 17 /'> i ",'-l2,,~'_..~ v'....,_. ~.'-:,.. ,-:..,..: ,..,' .;,... / .......~ 18 Cit;tttorney . 19 20 21 22 23 24 25 26 27 28 4/29/87 ~'4'. ..... .'" 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 4 , , 6 J 7 ~ . ....9 ~ 9 10 II 00 12 13 14 U 16 17 11 19 20 21 22 23 24 25 26 27 21 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 ~ ARTS, ~ "'l ~ a; "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 2 l . ~ 6 7 8 9 10 I II I 12 I) I' IS 16 17 18 19 20 21 22 23 24 2~ 26 27 28 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 -2- l:h. 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 -3- 2 I I ! 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 I 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 Ii 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 , . 7 . y III II , i shall be responsible to provide no more than the $150,000.00 , 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 12 D 14 15 16 17 .. 19 20 21 l'prOJect. 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. 26 2.6 The Agency and Foundation ahall open an e8crow with i First American Title Company, San Bernardino, California (-E8crow I I' I Holder-), within three (3) busineas day. after the , 27 28 -6- :.r .... I. 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 -~- 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, -7- ~ I ! t J I' t , I I I I ; , , ; i 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 J ~ t ~! I. iI I I" ~ ~ I 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..... ;{; I ~ [J) ~ o [J) . o o ~ o 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 o o 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 %'PL ..., --1 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. r 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.)