City of Culver City, California
Agenda Item Report
Meeting Date: 03/15/2011 Item Number: J-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD/PARKING AUTHORITY
AGENDA ITEM: Adoption of City Council, Redevelopment Agency Board and
Parking Authority Resolutions to Approve a Cooperation Agreement between the
City of Culver City, the Culver City Redevelopment Agency and Culver City Parking
Authority to Continue the Operation of the Cardiff Parking Structure as a Public
Parking Structure.
Contact Person/Dept.:
Sol Blumenfeld/Community Development
Todd Tipton/Community Development
Phone Number:
(310) 253-5700
(310) 253-5760
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (03/14/11); Meetings and
Agendas – Redevelopment Agency (03/14/11); and, Members of the Press (03/14/11).
Department Approval:
Sol Blumenfeld (03/15/11)
City Attorney/Authority Legal Advisor
Approval:
Carol Schwab: (by H. Baker) (03/15/11)
Agency General Counsel Approval:
Murray Kane (03/15/11)
Chief Financial Officer Approval
Jeff Muir: (03/15/11)
City Manager/Agency and Authority
Executive Director Approval:
John M. Nachbar (03/15/11)
RECOMMENDATION:
Staff recommends that the City Council (City Council), the Redevelopment Agency
Board (Agency Board) and the Culver City Parking Authority (Authority) adopt
respective resolutions approving a Cooperation Agreement to continue the operation
of the Cardiff Parking Structure (Structure) as a public parking facility and transfer
the Structure from the Redevelopment Agency to the Authority to ensure the
Structure remains available for that purpose.
BACKGROUND:
In 1965, the City Council created the Authority and appointed five members to
oversee its activities. The Authority was created pursuant to Section 32500 of the
California Streets and Highways Code for the purpose of creating public parking
facilities and undertaking activities incidental thereto for which public money may be
spent and private property acquired.
In 1971, the City Council declared itself to be the Authority and since that time has
met rarely because the creation of public parking facilities was handled primarily by City of Culver City, California
Agenda Item Report
the Redevelopment Agency. The City Manager serves as the Executive Director,
the City Attorney as Legal Advisor, and the City Clerk as Secretary of the Authority.
In 1994, the 400 space Structure was constructed on City-owned property using tax
increment proceeds. Since opening, the Agency has overseen the Structure’s day-
to-day activities and funded necessary repairs and maintenance. Recently, Agency
General Counsel advised that this was no longer possible pursuant to California
Redevelopment Law. As a result, the City sold the Structure to the Agency.
DISCUSSION:
The Authority is being asked to consider accepting the transfer of ownership and
operation of the Structure due to the uncertainty created by the Governor’s proposal
to eliminate redevelopment agencies throughout the state. The Authority will be the
entity responsible for the Structure, and City staff and its consultants will administer
day to day operations. This arrangement is memorialized in the Cooperation
Agreement between the City, the Authority and the Redevelopment Agency
(Attachment No. 1).
The management and operation will be funded with proceeds from the Structure. To
provide initial start-up money for the Authority to manage and operate the Structure,
it is recommended the City loan the Authority $50,000 at 5% interest for a term not
to exceed June 30, 2013. The terms of the loan will be established in a separate
loan agreement between the Authority and the City. The general terms are as
follows:
1. $50,000: for Maintenance & Operations – One time loan
2. 5% simple interest on the principal
3. Term: to June 30, 2013.
The Structure will be of benefit to the Culver City Redevelopment Project, the
community as a whole and the immediate neighborhood in which the Project Area is
located for the following reasons:
1. The Structure will improve the quality of life for residents, visitors and
businesses by maintaining an adequate supply of public parking.
2. The Structure will continue to provide a needed public facility for the area
which, in turn, increases the desire for businesses to locate in this area.
3. The Structure will catalyze private investment, thereby contributing to the
removal of economic blight.
4. The Structure creates pedestrian and vehicle activity which, in turn, will
improve public safety and deter crime.
Under the proposed Cooperation Agreement, the Agency will convey fee title to the
Structure to the Authority and assign all parking agreements (including but not City of Culver City, California
Agenda Item Report
limited to parking operations and maintenance) and revenues related to the
Structure to the Authority.
The Authority shall accept the conveyance of the Structure and will use and maintain
the Structure as a public parking structure. The Authority will accept the assignment
of all parking agreements related to the Structure and any revenue derived from
such conveyance and assignment of agreements will be used as follows:
(i) To pay for any costs and expenses to manage, operate and maintain the
Structure for use as a public parking garage;
(ii) To establish and replenish as reasonably determined by the Authority’s
Executive Director or designee an operating reserve in order to manage
and operate the Structure as a public parking garage; and
(iii) To establish and continuously replenish as necessary as reasonably
determined by the Authority’s Executive Director or designee a
maintenance reserve for capital repairs and replacement of the Structure
for use as a public parking garage.
The City’s obligations under the Cooperation Agreement are as follows:
(1) To pay for any shortfall of the costs and expenses to manage, operate and
maintain the Structure for use as a public parking garage.
(2) To pay for any shortfall of the costs and expenses to establish and
replenish as reasonably determined by the Authority’s Executive Director
or designee an operating reserve in order to manage and operate the
Structure as a public parking garage.
(3) To pay for any shortfall of the costs and expenses to establish and
continuously replenish as necessary as reasonably determined by the
Authority’s Executive Director or designee a maintenance reserve for
capital repairs and replacement of the Structure for use as a public
parking garage.
FISCAL ANALYSIS:
Pursuant to the existing parking rates, the Structure generates approximately
$225,000 annually.
The on-going management fee charged by Modern Parking is approximately
$125,000 annually. The on-going maintenance cost is approximately $75,000,
which does not include costs for major repairs and staff. Therefore, the Structure
generates sufficient funds to cover both maintenance and operating expenses.
Because revenues may not be received in time to fund expenses, staff is
recommending that the City loan the Authority $50,000 for these costs pursuant to
the terms above. City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Cooperation Agreement
2. Proposed City Council Resolution
3. Proposed Redevelopment Agency Resolution
4. Proposed Parking Authority Resolution
MOTIONS:
That the City Council:
1. Adopt a Resolution approving a Cooperation Agreement between the City of
Culver City, the Culver City Redevelopment Agency, and the Culver City
Parking Authority to continue the operation of the Cardiff Parking Structure as
a public parking facility; and
2. Authorize the City Manager and Chief Financial Officer to create additional
special Revenue Funds and administratively transfer appropriations between
Special Revenue Funds, if necessary, as needed to implement this action and
various related agreements; and
3. Authorize issuance of a loan from the General Fund to the Parking Authority
in the amount of $50,000 at 5% simple annual interest for a term expiring on
June 30, 2013; and
4. Authorize the City Attorney to review/prepare the necessary documents; and,
5. Authorize the Mayor, City Manager, and Assistant City Manager to execute
such documents on behalf of the City.
That the Redevelopment Agency Board:
1. Adopt a Resolution approving a Cooperation Agreement between the City of
Culver City, the Culver City Redevelopment Agency and the Culver City
Parking Authority to continue the operation of the Cardiff Parking Structure as
a public parking facility; and
2. Authorize the Transfer of the Cardiff Parking Structure from the Culver City
Redevelopment Agency to the Culver City Parking Authority; and
3. Authorize the Agency General Counsel to review/prepare the necessary
documents; and, City of Culver City, California
Agenda Item Report
4. Authorize the Executive Director and the Assistant Executive Director to
execute such documents on behalf of the Agency.
That the Parking Authority:
1. Adopt a Resolution approving a Cooperation Agreement between the City of
Culver City, the Culver City Redevelopment Agency and the Culver City
Parking Authority transferring fee title to the Cardiff Parking Structure from the
Agency to the Authority to continue the operation of the Cardiff Parking
Structure as a public parking facility; and,
2. Accept the transfer of the Cardiff Parking Structure from the Culver City
Redevelopment Agency and authorize the Authority Secretary (City Clerk) to
execute the Acceptance of Transfer; and,
3. Authorize acceptance of a loan from the City’s General Fund to the Parking
Authority in the amount of $50,000 at 5% simple annual interest for a term
expiring on June 30, 2013; and
4. Authorize the Authority Legal Advisor (City Attorney) to review/prepare the
necessary documents; and,
5. Authorize the Chair (Mayor), Authority Executive Director (City Manager), and
Authority Assistant Executive Director (Assistant City Manager) to execute
such documents on behalf of the Authority.
MEETING DATE: 03.15.11
AGENDA ITEM: Adoption of City Council, Redevelopment Agency Board
and Parking Authority Resolutions to Approve a
Cooperation Agreement between the City of Culver City,
the Culver City Redevelopment Agency and Culver City
Parking Authority to Continue the Operation of the
Cardiff Parking Structure as a Public Parking Structure.
ATTACHMENTS
Pages
1. Proposed Cooperation Agreement 1-16
2. Proposed City Council Resolution 17-19
3. Proposed Redevelopment Agency Resolution 20-22
4. Proposed parking Authority Resolution 23-25
Grant Deed
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COOPERATION AGREEMENT
(Cardiff Parking Garage)
THIS COOPERATION AGREEMENT (this “Agreement”) is entered into this 15th
of March, 2011 (the “Effective Date”), by and between the CITY OF CULVER CITY, a
municipal corporation (the “City”) the PARKING AUTHORITY OF THE CITY OF
CULVER CITY, a public body, corporate and politic (the “Authority”) and the
REDEVELOPMENT AGENCY OF THE CITY OF CULVER CITY a public body,
corporate and politic (the “Agency”), with reference to the following facts:
A. The City Council of the City of Culver City (the “City Council”) adopted
the Redevelopment Plan for the Culver City Redevelopment Project on November 23,
1998 by Ordinance No. 98-015 and amended on January 12, 2004 (the “Project Area”),
which results in the allocation of taxes from the Project Area to the Redevelopment
Agency for the City of Culver City (the “Agency”) for purposes of redevelopment. The
Redevelopment Plan is incorporated herein by reference and made part hereof as
though fully set forth herein.
B. The City has engaged in such redevelopment activities pursuant to
Section 33220 of the California Community Redevelopment Law (Health & Safety Code,
Section 33000 et seq.) that has aided and assisted in implementing the Redevelopment
Plan and intends to engage in further redevelopment activities.
C. Pursuant to that certain Agreement of Purchase and Sale and Joint
Escrow Instructions for Property Located at 3846 Cardiff Avenue dated January 15,
2011, the Agency acquired certain real property more particularly described in Exhibit A
attached hereto with the improvements thereon (collectively, “the “Property”) for the
Purchase Price (as defined therein) of $14,000,000 for use as a public parking garage.
The Property is located in the Project Area and is subject to the Redevelopment Plan.
D. Pursuant to the provisions of Section 32500 et seq. of the Streets and
Highways Code of the State of California, the City Council by Resolution No. CS-5446,
November 1, 1965, activated the Parking Authority for the City of Culver City (the
“Authority”) for the purpose of providing public parking for the general welfare of the
community.
E. The parties hereunder desire to cooperate in furtherance of the
Redevelopment Plan and in accordance with the California Community Redevelopment
Law (Health & Safety Code, Section 33000 et seq.) by transferring fee title to the
Property from the Agency to the Authority and to make other provisions related to the
allocation of costs for the operation and maintenance of the Property as a public parking
garage, subject to all of the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
and promises contained herein, the parties hereto agree as follows:
ATTACHMENT 1
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Grant Deed
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TERMS
1. INTRODUCTORY PROVISIONS
The Recitals above are an integral part of this Agreement and set forth the
intentions of the parties and the premises on which the parties have decided to enter
into this Agreement.
2. OBLIGATIONS
a. Subject to the terms and conditions of this Agreement, the Agency’s
obligations are as follows (collectively, the “Agency’s Obligations”):
(1) The Agency shall convey fee title to the Property to the Authority by
grant deed substantially in the form attached to this Agreement as
Exhibit B.
(2) The Agency shall assign all parking agreements related to the
Property to which it is a party or has acquired such rights thereto,
including but not limited to parking operations and maintenance for
the Property, to the Authority and any revenue derived from such
agreements to the Authority in accordance with this Agreement and
subject to the provisions of Section 32500 et seq. of the Streets and
Highways Code of the State of California.
b. Subject to the terms and conditions of this Agreement, the Authority’s
obligations are as follows (collectively, the “Authority’s Obligations”):
(1) The Authority shall accept the conveyance of the Property from the
Agency and shall use and maintain the Property as a public parking
structure.
(2) The Authority shall accept the assignment of all parking
agreements related to the Property to which the Agency is a party
or has acquired such rights thereto, including but not limited to
parking operations and maintenance for the Property, from the
Authority and any revenue derived from such agreements to the
Authority.
(3) Subject to the provisions of Section 32500 et seq. of the Streets
and Highways Code of the State of California, the Authority shall
use any revenue derived from any parking agreement described in
subsection 2.d shall be used as follows:
(i) To pay for any costs and expenses to manage, operate and
maintain the Property and improvements thereon for use as a
public parking garage;
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(ii) To establish and replenish as reasonably determined by the
Authority’s Executive Director or designee an operating reserve in
order to manage and operate the public parking garage; and
(iii) To establish and continuously replenish as necessary as
reasonably determined by the Authority’s Executive Director or
designee a maintenance reserve for capital repairs and
replacement of the public parking garage.
c. Subject to the Authority’s Obligations to make payments pursuant
subsections 3(b)(i)-(iii) hereinabove and to pay any Net Parking Revenue to the City
pursuant to subsection 3(b)(iv) hereinabove, the City’s obligations are as follows
(collectively, the “City’s Obligations”):
(1) To pay for any shortfall of the costs and expenses to manage,
operate and maintain the Property and improvements thereon for
use as a public parking garage.
(2) To pay for any shortfall of the costs and expenses to establish and
replenish as reasonably determined by the Authority’s Executive
Director or designee an operating reserve in order to manage and
operate the public parking garage.
(3) To pay for any shortfall of the costs and expenses to establish and
continuously replenish as necessary as reasonably determined by
the Authority’s Executive Director or designee a maintenance
reserve for capital repairs and replacement of the public parking
garage.
3. MISCELLANEOUS PROVISIONS
a. Time of Essence. Time is expressly declared to be of the essence in this
Agreement and of every provision hereof in which time is an element.
b. Notices. Any notice to be given or other document to be delivered by any
party to the other or others hereunder, may be delivered in person to an officer of any
party, or may be deposited in the United States mail, duly certified or registered, return
receipt requested, with postage prepaid, or by Federal Express or other similar
overnight delivery service, or by facsimile machine if concurrently delivered by another
permissible method set forth in this Paragraph, and addressed to the party for whom
intended, as follows:
City: City of Culver City
9770 Culver Boulevard
Culver City, CA 90232
Attention: City Manager
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Grant Deed
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Telephone: (310) 253-6000
Agency: Culver City Redevelopment Agency
9770 Culver Boulevard
Culver City, CA 90232
Attention: Assistant Executive Director
Telephone: (310) 253-5760
Authority Parking Authority of Culver City
9770 Culver Boulevard
Culver City, CA 90232
Attention: City Manager
Telephone: (310) 253-6000
Any notice that is personally delivered (including by means of professional
messenger service, courier service such as United Parcel Service or Federal Express,
or by U.S. Postal Service), shall be deemed received on the documented date of
receipt; and any notice that is sent by United States mail, duly certified and registered,
with postage prepaid shall be deemed received on the third day after mailing.
c. Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which, when so executed and delivered, shall be an
original, but all of which together shall constitute one agreement binding on the Agency
and the City.
d. Applicable Law. This Agreement shall be governed exclusively by the
provisions hereof and by the laws of the State of California.
e. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference.
f. Conflicts of Interest. No member, official or employee of the City, the
Agency or the Authority shall have any personal interest, direct or indirect, in this
Agreement nor shall any such member, official or employee participate in any decision
relating to this Agreement which affects his personal interests or the interests of any
corporation, partnership or association in which he is, directly or indirectly, interested.
g. Severability. If any provision of this Agreement shall be held invalid, illegal
or unenforceable in any respect by a court of competent jurisdiction, the remaining
provisions of this Agreement shall not be affected thereby, but this Agreement shall be
construed as if such invalid, illegal or unenforceable provisions had not been contained
herein, and the remainder of this Agreement shall be construed as if the invalid, illegal,
or unenforceable provision had never been contained in it.
h. Agency Indemnification. The Agency, on behalf of itself and any
subsequent assigns or successors in interest, agrees to and hereby does defend, hold
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Grant Deed
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harmless and indemnify the City and the Authority and its officers, officials, agents,
contractors, and employees from damages, claims or liability arising, in whole or in part,
from the Agency’s default or breach of this Agreement or as a result of the Agency’s
negligence or willful misconduct under or in connection with this Agreement.
i. City and Authority Indemnification. In contemplation of the provisions of
Section 895.2 of the California Government Code imposing certain tort liability jointly
upon public entities solely by reason of such entities being parties to an agreement as
defined by Section 895 of the California Government Code, the parties hereto, as
between the City and the Authority, pursuant to the authorization contained in Sections
895.4 and 895.6 of the California Government Code, shall each assume the full liability
imposed upon it, or any of its officers, agents or employees, by law for injury caused by
negligent or wrongful acts or omissions occurring in the performance of this Agreement
to the same extent that such liability would be imposed in the absence of Section 895.2
of the California Government Code. To achieve the above-stated purpose, each party
indemnifies, defends and holds harmless the other party for any liability, losses, cost or
expenses that may be incurred by such other party solely by reason of Section 895.2 of
the California Government Code. The provisions of Section 2778 of the California Civil
Code are made a part hereof as if fully set forth herein.
j. Entire Agreement, Waivers and Amendments.
(1) This Agreement shall be executed in two (2) duplicate originals
each of which is deemed to be an original. This Agreement and its attached Exhibits
and Schedules shall constitute the entire understanding and agreement of the parties.
(2) This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotiations or previous
agreements between the parties with respect to all (or any part of or any interest in) the
Assets. This Agreement and all documents incorporated herein contain the entire
understanding among the parties hereto relating to the transactions contemplated
herein and all prior or contemporaneous agreements, understandings, representations,
and statements, oral or written.
(3) All waivers of the provisions of this Agreement must be in writing
and signed by the appropriate authorities of the City, the Authority and the Agency, and
all amendments hereto must be in writing and signed by the appropriate authorities of
the parties to be bound thereby. This Agreement and any provisions hereof may be
amended by mutual written agreement by the Agency’s Executive Director or designee,
the Authority’s Executive Director or designee and the City’s City Manager or designee,
subject to review and approval by the Board of the Culver City Redevelopment Agency,
the Board of the Culver City Parking Authority or City Council of the City of Culver City
as needed to comply with applicable law and internal policies and procedures. The
waiver by the City, the Authority or the Agency of any term, covenant, or condition
herein contained shall not be a waiver of such term, covenant, or condition on any
ATTACHMENT 1
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subsequent breach.
k. Further Actions. The Agency’s Executive Director or designee, the
Authority’s Executive Director or designee and the City’s City Manager or designee are
authorized and directed to take such other and further actions, and sign such other and
further agreements and documents on behalf of the Agency, the Authority and the City,
respectively, as may be necessary or proper to effect the terms of this Agreement.
l. Effective Date. This Agreement shall be deemed effective on March 15
2011 (the “Effective Date”).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date set forth opposite their signatures below.
[Signatures begin on following page]
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Grant Deed
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first set forth above.
Dated: ____________________ CITY OF CULVER CITY
By ________________________
City Manager
Dated: _____________________ CULVER CITY REDEVELOPMENT AGENCY
By ________________________
Chair
Dated: _____________________ PARKING AUTHORITY FOR THE CITY OF
CULVER CITY
By ________________________
Chair
APPROVED AS TO FORM:
CITY ATTORNEY
_________________________
Carol Schwab
City Attorney
KANE BALLMER BERKMAN
_________________________
Murray O. Kane
Agency General Counsel
ATTACHMENT 1
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Grant Deed
(Cardiff)
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to hereinbelow is situated in the City of Culver City, County of
Los Angeles, State of California, and is described as follows:
LOTS 11, 12, 13, 14, IN BLOCK 15 AND 18 OF TRACT NO 2444. AS PER MAP
RECORDED IN BOOK 24, PAGE 7 OF MAPS OF THE OFFICE OF THE COUNTY
RECORDER FOR THE COUNTY OF LOS ANGELES.
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Grant Deed
(Cardiff)
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EXHIBIT B
FORM OF GRANT DEED
[BEHIND THIS PAGE]
ATTACHMENT 1
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Grant Deed
(Cardiff)
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk, Culver City
9770 Culver Blvd.
Culver City, CA 90232
GOVERNMENT BUSINESS
Free Recording Requested
(Govt. Code §27383)
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CULVER CITY REDEVELOPMENT AGENCY, herein called “Grantor,” hereby
grants to THE PARKING AUTHORITY FOR THE CITY OF CULVER CITY, herein
referred to as “Grantee,” the real property described in the legal description attached
hereto as Exhibit A and incorporated herein by this reference (the “Property”), in
accordance with and subject to the covenants, conditions and restrictions set forth in
this Grant Deed.
This Grant Deed is made pursuant to that certain Cooperation Agreement dated as of
March 15, 2011 (the “Agreement”) by and among Grantor and Grantee and the City of
Culver City (the “City”), which is a public record on file at the offices of the City and
incorporated herein by this reference. All capitalized terms used in this Grant Deed
shall have the meaning ascribed to them in the Agreement unless indicated to the
contrary herein.
Grantor and Grantee agree as follows:
1. Grantee hereby covenants and agrees on behalf of itself and any
successors and assigns in the Property or any portion thereof or any improvements
thereon or any interest therein that Grantee, such successors and assigns shall:
a. Develop, use, operate and maintain the Property solely in
accordance with the Agreement; and
b. Not discriminate upon the basis of race, color, ancestry, national
origin, sex, marital status, creed, religion or handicap in the lease or rental or in the use
or occupancy of the Property, or any improvements erected or to be erected thereon, or
any part thereof.
2. There shall be no discrimination against or segregation of any persons, or
group of persons, on account of race, color, ancestry, national origin, sex, marital
ATTACHMENT 1
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Grant Deed
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status, creed, religion or handicap in the sale, sublease, transfer, use, occupancy,
tenure or enjoyment of the Property; nor shall the Grantee itself or any person claiming
under or through it establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the Property.
3. Grantee shall refrain from restricting the rental, sale or lease of the
Property on the basis of sex, marital status, race, color, religion, creed, ancestry,
national origin or disability of any person. All such deeds, leases or contracts shall
contain or be subject to substantially the following nondiscrimination or nonsegregation
clauses:
a. In deeds: “The grantee herein covenants by and for himself, his
heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of any person or
group of persons on account of sex, marital status, race, color, religion, creed, national
origin, ancestry or disability in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any
person claiming under or through him, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number use or
occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein
conveyed. The foregoing covenants shall run with the land.”
b. In leases: “The lessee herein covenants by and for himself, his
heirs, executors, administrators and assigns, and all persons claiming under or through
him, and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person
or group of persons on account of sex, marital status, race, color, religion, creed,
national origin, ancestry or disability in the leasing, subleasing, transferring, use or
enjoyment of the land herein leased; nor shall the lessee himself, or any person
claiming under or through him, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
occupancy, of tenants, lessees, sublessees, subtenants or vendees in the land herein
leased.”
c. In contracts: “There shall be no discrimination against or
segregation of, any person or group of persons on account of sex, marital status, race,
color, religion, creed, national origin, ancestry or disability in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land; nor shall the transferee
himself or any person claiming under or through him, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the land.”
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4. All conditions, covenants and restrictions contained in this Grant Deed
shall be covenants running with the land, and shall, in any event, and without regard to
technical classification or designation, legal or otherwise, be, to the fullest extent
permitted by law and equity, binding for the benefit and in favor of, and enforceable by
Grantor, its successors and assigns. Grantor is deemed the beneficiary of the terms
and provisions of this Grant Deed and of the covenants running with the land, for and in
its own right and for the purposes of protecting the interests of the community and other
parties, public and private, in whose favor and for whose benefit this Grant Deed and
the covenants running with the land have been provided, without regard to whether
Grantor remains or is an owner of any land or interest in the Property. Grantor shall
have the right, if the covenants are breached, to exercise all rights and remedies, and to
maintain any actions or suits at law or in equity or other proper proceedings to enforce
the curing of such breaches to which it or any other beneficiaries of the covenants may
be entitled. The covenants contained in this Grant Deed concerning non-discrimination
shall remain in effect in perpetuity.
5. All obligations of “Grantee” under this Grant Deed (and all of the terms,
covenants and conditions of this Grant Deed) shall be binding upon Grantee, its
successors and assigns and every successor in interest of the Property or any portion
thereof or any interest therein, for the benefit and in favor of the Grantor, its successors
and assigns. All rights of “Grantee” under this Grant Deed shall inure to the benefit of
Grantee and its permitted successors and assigns.
6. This Grant Deed shall not merge with any other agreement between
Grantor and Grantee.
7. Breach of any of the covenants, conditions, restrictions, or reservations
contained in this Grant Deed shall not defeat or render invalid the lien of any mortgage
or deed of trust made in good faith and for value as to the Property, whether or not said
mortgage or deed of trust is subordinated to this Grant Deed, but unless otherwise
herein provided, the terms, conditions, covenants, restrictions and reservations of this
Grant Deed shall be binding and effective against the holder of such mortgage or deed
of trust and any owner of the Property, or any part thereof, whose title thereto is
acquired by foreclosure, trustee’s sale, or otherwise.
[Remainder of This Page Intentionally Left Blank.]
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Grant Deed
(Cardiff)
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IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument
to be executed on their behalf by their respective officers thereunto duly authorized as
of the dates shown below.
CULVER CITY REDEVELOPMENT AGENCY
(GRANTOR)
Dated: By:
John Nachbar, Executive Director
APPROVED AS TO FORM:
KANE BALLMER & BERKMAN
MURRAY O. KANE, Agency General Counsel
GRANTEE accepts and approves each of the conditions, covenants and
restrictions set forth in this Grant Deed.
PARKING AUTHORITY OF THE CITY OF
CULVER CITY
(GRANTEE)
Dated: By:
Christopher Armenta, Chair
APPROVED AS TO FORM:
CAROL SCHWAB, City Attorney
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Grant Deed
(Cardiff)
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed dated March 15,
2011 from the Culver City Redevelopment Agency to the Parking Authority of the City of
Culver City, is hereby accepted by the undersigned officer on behalf of the Board of the
Parking Authority of the City of Culver City pursuant to authority conferred by the Board
through Resolution No. adopted on March 15, 2011 and the
grantee consents to recordation thereof by its duly authorized officer.
PARKING AUTHORITY OF THE CITY OF
CULVER CITY
Dated: By:
Christopher Armenta, Chair
APPROVED AS TO FORM:
CAROL SCHWAB, City Attorney
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State of California
County of ___________
On ______________________ before me, _______________________,
personally appeared _________________________________, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature ____________________________ (Seal)
State of California
County of ___________
On ______________________ before me, _______________________,
personally appeared _________________________________, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature ____________________________ (Seal)
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EXHIBIT A
(to Grant Deed)
LEGAL DESCRIPTION OF PROPERTY
The land referred to hereinbelow is situated in the City of Culver City, County
of Los Angeles, State of California, and is described as follows:
LOTS 11, 12, 13, 14, IN BLOCK 15 AND 18 OF TRACT NO 2444. AS PER MAP
RECORDED IN BOOK 24, PAGE 7 OF MAPS OF THE OFFICE OF THE COUNTY
RECORDER FOR THE COUNTY OF LOS ANGELES.
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RESOLUTION NO. 2011-A
A RESOLUTION OF THE BOARD OF THE CULVER CITY
REDEVELOPMENT AGENCY, APPROVING A
COOPERATION AGREEMENT BETWEEN THE CITY OF
CULVER CITY, THE CULVER CITY REDEVELOPMENT
AGENCY AND THE CULVER CITY PARKING AUTHORITY
TO CONTINUE THE OPERATION OF THE CARDIFF
PARKING STRUCTURE AS A PUBLIC PARKING
FACILITY.
WHEREAS, the City Council of the City of Culver City (the “City Council”)
adopted the Redevelopment Plan for the Culver City Redevelopment Project on November
23, 1998 by Ordinance No. 98-015 and amended on January 12, 2004 (the “Project Area”),
which results in the allocation of taxes from the Project Area to the Culver City
Redevelopment Agency (the “Agency”) for purposes of redevelopment; and
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.) certain public bodies,
including the City of Culver City (the “City”), may aid and cooperate in the planning,
undertaking, construction, or operation of redevelopment projects; and
WHEREAS, pursuant to that certain Agreement of Purchase and Sale and
Joint Escrow Instructions for Property Located at 3846 Cardiff Avenue dated January 15,
2011, the Agency acquired certain real property with the improvements thereon (the
“Property”) from the City for $14,000,000 for use as a public parking garage. The Property
is located in the Project Area and is subject to the Redevelopment Plan; and
WHEREAS, the Agency and the City have heretofore entered into a certain
Cooperation Agreement dated January 15, 2011, as amended by that certain First
Amendment to the Agreement (collectively, the “January Cooperation Agreement”) to
provide for implementation of certain projects including the acquisition of the Property for
use a public parking garage; and
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WHEREAS, the City and Agency have heretofore made certain findings and
determinations with respect to the Property under the January Cooperation Agreement in
accordance with Section 33445 of the California Community Redevelopment Law (Health &
Safety Code, Section 33000 et seq.); and
WHEREAS, pursuant to the provisions of Section 32500 et seq. of the Streets
and Highways Code of the State of California, the City Council by Resolution No. CS-5446,
November 1, 1965, activated the Culver City Parking Authority (the “Authority”) for the
purpose of providing public parking for the general welfare of the community; and
WHEREAS, the City, the Agency and the Authority have prepared a
Cooperation Agreement (the “Agreement”) in accordance with the California Community
Redevelopment Law (Health & Safety Code, Section 33000 et seq.) for the purpose of
transferring fee title to the Property from the Agency to the Authority and to make other
provisions related to the allocation of costs for the operation and maintenance of the
Property as a public parking garage; and
WHEREAS, it is in the best interests of the City and for the common benefit of
residents, employees, business tenants and property owners within the Project Area and
the City as a whole for the Property to be transferred to the Authority in accordance with the
terms and conditions of the Agreement; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, the Board of the Culver City Redevelopment Agency
DOES HEREBY RESOLVE, as follows:
1. The Agency Board has received and heard all oral and written
objections to the Agreement, and to other matters pertaining to this transaction, and all
such oral and written objections are hereby overruled.
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2. The Agency Board hereby finds and determines that the foregoing
recitals are true and correct.
3. The Agreement in substantially the form presented to the Agency
Board is hereby approved, a copy of which is on file with the Agency Secretary.
4. The Executive Director, or designee, is hereby authorized to execute
the Agreement on behalf of the Agency, together with such non-substantive changes and
amendments as may be approved by the Executive Director and Agency General Counsel.
5. The Executive Director, or designee, is hereby authorized, on behalf of
the Agency, to sign all documents necessary and appropriate to carry out and implement
the Agreement and to administer the Agency’s obligations, responsibilities and duties to be
performed under the Agreement.
6. This Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED, this day of , 2011.
MICHEÁL O’ LEARY, Chair
Culver City Redevelopment Agency
ATTEST: APPROVED AS TO FORM:
ALICE PRASAD, Secretary MURRAY KANE, Agency General Counsel
A11-00135
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