City of Culver City, California
Agenda Item Report
Meeting Date: 07/20/09 Item Number: JPH-2
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
PUBLIC HEARING – Approval of a Purchase and Sale Agreement Between the City
of Culver City and the Culver City Redevelopment Agency for Property Located at
3433 Wesley Street.
Contact Person/Dept.: Glenn Heald
Community Development
Phone Number: 310-253-5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Published as display ad in Culver City News (06/25/09 and 07/02/09);
e-mail Master Notification List (07/16/09).
Department Approval:
Sol Blumenfeld (06/29/09)
City Attorney Approval: Carol Schwab (by
H. Baker) (07/20/09)
Agency General Counsel Approval: Murray
Kane (06/29/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (07/15/09)
City Manager/Executive Director Approval:
Mark Scott (07/15/09)
RECOMMENDATION:
Staff recommends the City Council and the Redevelopment Agency Board (the
“Agency”) approve a Purchase and Sale Agreement for the property located at
3433 Wesley Street (the “Property”) through which the City will sell the Property to
the Redevelopment Agency.
PROCEDURE (Noticed Public Hearing):
The Mayor:
Announces that this is the time and place for the hearing
of protests or objections regarding the sale of City-owned
property located at 3433 Wesley Street.
The Mayor and
City
Council/Agency:
The Mayor seeks motion from Council to receive and
file the affidavits of mailing, publication and posting of
Notices, and correspondence received in response to
the public hearing notices.
The Mayor: Chair inquires of the City Clerk whether any
correspondence was received regarding the proposed
disposition of real property.
City of Culver City, California
Agenda Item Report
City Clerk: Announces the number of written protests received and
verifies that all protests have been delivered to the City
and/or Agency.
The Mayor: Calls to the podium those individuals who filed a written
protest, who wish to make oral protests or presentations.
Staff: Reports on protests received and provides staff report.
The Mayor and
City
Council/Agency:
Moves to declare the Public Hearing closed.
BACKGROUND:
The property being recommended for sale is a property that the Agency is acquiring
from the City. This property is currently being used as a parking lot under a license
agreement between the City and the owner of the adjacent property at 3431 Wesley
Street.
DISCUSSION:
The Redevelopment Agency has traditionally managed all City-owned properties
used for parking within redevelopment project areas. This allows centralization of
management as well as uniformity of policy implementation and enforcement and
simplicity in revenue and expense accounting. As the only use of the property at
3433 Wesley Street is as a leased parking lot, staff believes it is appropriate for the
Agency to acquire the property from the City.
FISCAL ANALYSIS:
In June 2009, the Agency received an appraisal of the property from a licensed
appraisal firm, which determined the market value of the property to be $395,000.
Therefore, the Agency proposes to purchase the property from the City for the
appraised value of $395,000. Consequently, the City will realize $395,000.00 in
one-time revenue from this sale, and the Agency will expend an equal amount from
available tax exempt bond funds. The Agency will pay all costs associated with
escrow and legal costs for drafting and preparing this purchase and sale
agreement, estimated to be less than $7,500. Funds for this purchase are
available from the Agency’s tax exempt bond funds (Fund 553 - 2002 Bonds).
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Cooperation Agreement between the City and the Agency for Transfer of
the Property at 3433 Wesley Street from the City to the Agency.
MOTION:
That City Council:
1. Approve the Execution of a Cooperation Agreement, Quit Claim Deed and
Promissory Note with the Culver City Redevelopment Agency for the Property
at 3433 Wesley Street; and
2. Authorize the City Attorney to review/prepare the necessary documents; and
3. Authorize the City Manager to execute such documents on behalf of the City.
That the Redevelopment Agency Board:
1. Approve the Execution of a Cooperation Agreement, Quit Claim Deed and
Promissory Note with the City for the Property at 3433 Wesley Street; and
2. Authorize Agency General Counsel to review/prepare the necessary
documents; and
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
07/20/09
A Public Hearing Approving a Purchase and Sale Agreement
Between the City of Culver City and the Culver City
Redevelopment Agency for Property Located at 3433
Wesley Street.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
1. Cooperation Agreement between the City and the Agency
for Transfer of the Property at 3433 Wesley Street from
the City to the Agency.
Pages
1-20Attachment 'I
COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT (the "Agreement") is entered into this day of , 2009 (the "Effective Date"), by and between the CITY OF CULVER
CITY, a municipal corporation (the "City") and the CULVER CITY REDEVELOPMENT
AGENCY, a public body, corporate and politic (the "Agency"), with reference to the
following facts:
A. Redevelopment Plan for the Culver City Redevelopment Project:
1. Pursuant to Ordinance No. CS-712, adopted on July 26, 1971, the City
Council for the City of Culver City (the "City Council") adopted a final redevelopment plan
for the Slauson-Sepulveda Redevelopment Project, Project No. 1 ("Project Area No.1"); and
2. The redevelopment plan for Project Area No. 1 was amended by the
City Council pursuant to Ordinance Numbers CS-892 (adopted on June 6, 1977), 89-034
(adopted on December 11, 1989, and 94-034 (adopted on December 27, 1994); and
3. Pursuant to Ordinance No. CS-729, adopted on December 28, 1971,
the City Council adopted a final redevelopment plan for the Overland-Jefferson
Redevelopment Project No. 2 ("Project Area No. 2"); and
4. The redevelopment plan for Project Area No. 2 was amended by the
City Council pursuant to Ordinance Number 94-035 (adopted on December 27, 1994); and
5. Pursuant to Ordinance No. CS-862, adopted on November 24, 1975,
the City Council adopted a final redevelopment plan for the Washington-Culver
Redevelopment Project No. 3 ("Project Area No. 3"); and
6. The redevelopment plan for Project Area No. 3 was amended by the
City Council pursuant to Ordinance Number 94-036 (adopted on December 27, 1994); and
7. Project Area No. 1, Project Area No. 2, and Project Area No. 3 were
merged into the Culver City Redevelopment Project (as Component Areas Nos. 1, 2, and 3,
respectively, of the "Project"), and the Redevelopment Plan for Culver City Redevelopment
Project (the "Redevelopment Plan") was adopted pursuant to Ordinance No. 98-014 (adopted
on November 23, 1998); and
8. Pursuant to Ordinance No. 98-015, adopted on November 23, 1998,
the City Council added Component Area No. 4 to the Project; and
9. The Redevelopment Plan was amended by the City Council pursuant
to Ordinance Number 2004-001 (adopted on January 12, 2004);
10. The Redevelopment Plan was amended by the City Council pursuant
to Ordinance Number 2005-006 (adopted on September 12, 2005);
Cooperation Agreentent.2.doc
Page 1 of 611. The Redevelopment Plan is incorporated herein by reference and made
part hereof as though fully set forth herein.
13. The Agency is engaged in activities necessary to execute and implement the
Redevelopment Plan and 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. The City is the owner of one parcel of unimproved real property comprised of
approximately 4,148 square feet located in the City of Culver City, Los Angeles County,
California in the area more commonly known as 3343 Wesley Street ("City Property"),
currently being used as a parking lot. The City Property is depicted on Exhibit "A" and
legally described on Exhibit "B", which exhibits are attached hereto and incorporated herein
by reference.
D. Pursuant to Section 33220 of the Community Redevelopment Law (Health &
Safety Code Section 33000, et seq.), for the purpose of aiding and cooperating in the
planning, undertaking, construction or operation of redevelopment projects in the Project, the
City may, among other things, exercise the following powers: sell any of its property to the
Agency upon the terms and with or without consideration as the City determines; cause
public improvements to be furnished in connection with redevelopment; plan or re-plan and
zone or rezone any part of such area and make any legal exceptions from building regulations
and ordinances; and enter into agreements with the Agency respecting action to be taken to
any of the foregoing powers.
E. The City desires to sell the City Property to the Agency pursuant to the terms
and conditions set forth in this Cooperation Agreement.
F. The conveyance of the Site to the Agency from the City will improve
management and administration of the Property as the Agency currently manages all public
parking in the City.
G. The Agency will take title to the Property subject to the terms and provisions
of the Standard Form License Agreement entered into by and between the City and Jim Hull,
the property owner of 3431 Wesley Street, dated October 4, 2001 (the "License Agreement").
The Agency shall fulfill all fiscal obligations of the License Agreement, pursuant to the terms
and provisions of the License Agreement.
H. The Agency and the City wish to cooperate with one another to bring about
the redevelopment of the Project and accomplish various tasks set forth in the Redevelopment
Plan, and now desire to enter into this Agreement to provide for the conveyance of the Site
from the City to the Agency, subject to all of the terms and conditions of this Agreement.
I. The Agency members and the City Council, by their respective resolutions
duly adopted, made certain determinations pursuant to Sections 33220 of the California
Community Redevelopment Law and approved this Agreement.
Cooperation Agreement.2.doc
Page 2 of 6NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
promises contained herein, the parties hereto agree as follows:
TERMS
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. Purchase and Sale.
The City shall sell the Site to the Agency and the Agency shall
purchase the Site from the City, pursuant to the terms and conditions
set forth herein.
2. It is the intent of the City and the Agency that the City shall only sell
and the Agency shall purchase 4,148 square feet of the City Property
pursuant to this Cooperation Agreement.
b. Purchase Price.
The City shall convey the Property to the agency for the "Purchase Price" (as
defined in the Agency Promissory Note attached hereto as Exhibit "C" and
incorporated herein by this reference).
c. Deed.
The City shall convey the City Property to the Agency by quitclaim deed,
substantially in the form attached hereto as Exhibit "D" and incorporated
herein by reference.
d. The Agency's obligation to pay the Purchase Price to the City under this
Agreement is sometimes referred to herein as the "Agency Obligation".
e. The Agency Obligation shall be a special and limited obligation of the Agency
payable to the City solely from the proceeds of any sale of the Land by the Agency.
d. The Agency Obligation shall continue until the sale of the Land by Agency.
e. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency within the meaning of Section 33670 of the California
Community Redevelopment Law (Health & Safety Code, Section 33000 et seq.).
f. The obligation of the Agency to make payments to the City shall, without
necessity of further action by the Agency or City, be junior and subordinate to all other
obligations or indebtedness heretofore or hereafter voluntarily incurred by the Agency to the
Cooperation Agreement.2.doc
Page 3 of 6extent, if any, that the Agency expressly provides to contrary effect in the instruments
creating such other obligations or indebtedness.
3. LIABILITY AND 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 themselves, 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.
4. 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: Mark Scott, City Manager
Telephone: (310) 253-6000
Agency: Culver City Redevelopment Agency
9770 Culver Boulevard
Culver City, CA 90232
Attention: Sol Blumenfeld, Assistant Executive Director
Telephone: (310) 253-5760
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.
Cooperation Agreement.2.doc Page 4 of 6c. Binding Effect. This Agreement shall be binding on and inure to the benefit
of the parties to this Agreement and their respective heirs, personal representatives,
successors and assigns, except as otherwise provided in this Agreement.
d. Titles and Captions. Titles or captions contained herein are inserted as a
matter of convenience and for reference, and in no way define, limit, extend or describe the
scope of this Agreement or any provision hereof. All references to "Paragraph" shall mean
the Paragraphs of this Agreement unless otherwise specified.
e. Interpretation. No provision in this Agreement is to be interpreted for or
against either party because that party or his legal representatives drafted such provision.
f. Further Assurances. The parties agree to promptly execute such other
documents and take such other actions as may be reasonably necessary to further the
purposes of this Agreement.
g.
Severance. If any provision of this Agreement is determined by a court of
competent jurisdiction to be illegal, invalid or unenforceable, such provision shall be deemed
to be severed and deleted from the Agreement, and the severance and deletion shall not in
any way affect the validity of the remaining provisions of this Agreement.
h. Entire Agreement; Waivers and Amendments. 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 part of the
subject matter hereof. The terms of this Agreement are only for the benefit of the City and
the Agency, and there are no other intended or incidental third party beneficiaries hereto.
All waivers of any of the provisions of this Agreement must be mutually agreed upon
in writing and signed by the authorized representatives of the parties.
This Agreement may be amended any number of times upon the mutual approval of
the Agency and the City and must be in writing and signed by the authorized representatives
of the parties.
[Signatures begin on following page]
Cooperation Agreement.2.doc Page 5 of 6IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first set forth above.
Dated: CITY OF CULVER CITY
By
Mark Scott
City Manager
Dated: CULVER CITY REDEVELOPMENT
AGENCY
By Micheal O'Leary
Chair
APPROVED AS TO FORM:
CITY ATTORNEY
Carol Schwab
City Attorney
KANE BALLMER BERKMAN
Murray 0. Kane
Agency General Counsel
Cooperation Agreement.2.doc
Page 6 of 6Exhibit "A"
Site Map
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0Exhibit "B"
LEGAL DESCRIPTION
Real property in the City of Culver City, County of Los Angeles, State of California, described as
follows:
THAT PORTION OF WESLEY STREET, 50 FEET WIDE, AS SHOWN AND DEDICATED UPON 11-IE
MAP OF TRACT NO. 3772, IN THE CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER THE MAP RECORDED IN BOOK 41 PAGE 91 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF SAID WESLEY S I REET, 50 FEET WIDE, AS DESCRIBED IN
THE DOCUMENT AND DELINEATED ON THE MAP RECORDED IN BOOK 1123 PAGE 397 OF
OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNT RECORDER.
TOGETHER WITH THAT PORTION OF SAID WESLEY STREET AS DESCRIBED IN PARCEL 3 OF
THE CORPORATION GRANT DEED TO THE CM OF CULVER CITY RECORDED MARCH 11, 1968
AS INSTRUMENT NO, 1933, SAID OFFICIAL RECORDS, ALL BOUNDED AS FOLLOWS:
BOUNDED NORTHEASTERLY BY A STRAIGHT LINE DRAWN FROM THE MOST NORTHERLY
CORNER OF LOT 17 OF SAID TRACT NO. 3772 TO THE MOST WES I ERLY CORNER OF LOT 20 OF
SAID TRACT NO. 3772.
BOUNDED SOUTHERLY BY THE NORTHERLY LINE OF NATIONAL BOULEVARD AS DESCRIBED IN
PARCEL 2 IN THE ABOVE MENTIONED CORPORATION GRANT DEED TO THE CITY OF CULVER
CITY.
EXCEPT THEREFROM ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARM, I LIR. NOW KNOWN TO EXIST OR HEREAI-1ER DISCOVERED UPON, WITHIN OR
UNDERLYING SAID LAND OR THAT MAY BE PRODUCED THEREFROM, INCLUDING, WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ALL Pt I ROLEUM, OIL, NATURAL GAS AND
OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM RECORDED
MARCH 11, 1968 AS INS I RUMENT NO, 1933 OF OFFICIAL RECORDS.Exhibit "C"
Promissory Note
[behind this page]
K)PROMISSORY NOTE
$395,000
Culver City, California
0% Simple Interest Per Annum
, 2009
FOR VALUE RECEIVED, THE CULVER CITY REDEVELOPMENT
AGENCY, a public body, corporate and politic (the AAgency@), hereby promises to pay
to the CITY OF CULVER CITY, a municipal corporation, (the ACity@), the principal
amount equal to Three Hundred Ninety-five Thousand Dollars ($395,000.00) in lawful
money of the United States, as follows pursuant to that certain Cooperation Agreement
dated , 2009, by and between the City and Agency (the "Agreement"). Any
capitalized term not otherwise defined herein, shall have the meaning ascribed to it in the
Agreement. The obligations of the Agency to City hereunder are subject to the terms of
the Agreement and this Note. Said documents are public records on file in the offices of
Agency, and the provisions of said documents are incorporated herein by this reference as
though set forth in full herein. The Agency shall pay interest at the rate, in the amount
and at the time hereinafter provided.
1. General. This Note evidences the obligation of the Agency to the City for the
payment for the purchase of the City Property which is the subject of and more
particularly defined in the Agreement.
2. Repayment Terms_ This Note shall be repayable as follows:
a. This Note is payable to the City in lawful money of the United States.
b. The principal amount of this Note shall bear simple interest calculated on
an annual basis at the rate of zero percent (0%) commencing upon the date
first written above (the "Commencement Date").
c. The entire principal balance of this Note and any accrued interest shall be
due and payable upon the sale of the City Property by Agency.
d. All payments of principal to City shall be applied to reduce the
principal amount owed.
e. Consistent with the proper and orderly implementation of the
Redevelopment Plan for the Culver City Redevelopment Project,
Component Area No. 4 (the "Project Area"), all payments made by the
Agency pursuant to this Note shall be made from legally available funds
of the Project Area.
f. The Agency's obligation to make any payment to the City shall not be
construed as a "pledge" of property tax revenue for the purposes of
Note. I .docSection 33671_5 of the California Community Redevelopment Law
(Health & Safety Code Section 33000 et seq.).
g. The indebtedness of the Agency created by the Agreement and this Note
shall be subordinate to the Agency's existing indebtedness and bond
issuance(s) and the refunding or refinancing thereof and any future bonds
and/or other indebtedness the Agency may issue and the indebtedness
incurred in connection therewith. Indebtedness includes any indebtedness
incurred by the Agency for bonds, notes, interim certificates, debentures,
certificates of participation or other obligations issued by the Agency.
3. Prepayment. The Agency may refinance or prepay the outstanding indebtedness
under this Note, in whole or in part, at any time and from time to time, without
penalty
4. City's Remedies. Upon the failure of Agency to perform or observe any term or
provision of this Note, the City may exercise its rights or remedies hereunder.
6. Attorneys' Fees. In the event of any dispute, legal proceeding, foreclosure or
other enforcement action, reference or arbitration between the parties arising out
of or relating to this Note or its breach, the prevailing party shall be entitled to
recover from the non-prevailing party all fees, costs and expenses, including but
not limited to attorneys' and expert witness fees, incurred in connection with such
dispute, legal proceeding, foreclosure or other enforcement action, reference or
arbitration, with any counterclaims or cross-complaints, with any appeals, and
with any proceeding to establish and recover such costs and expenses, in such
amount as the court deems reasonable.
7. Severability. Every provision in this Note is intended to be severable. In the
event any term or provision hereof is declared by a court of competent jurisdiction
to be illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the balance of the terms and provisions hereof, which terms and
provisions shall remain binding and enforceable.
8. Number and Gender. In this Note, the singular shall include the plural and the
masculine shall include the feminine and neuter gender, and vice versa, if the
context so requires.
9. Enforced Delay. For purposes of any provision of this Note, no party, nor any
successors or assign of any party, shall be considered in breach of, or default in,
its obligations under this Note as a result of the enforced delay in the performance
of such obligations due to causes beyond such party's reasonable control,
including, without limitation, failure of governmental agencies to act or to issue
necessary permits or licenses, acts of God, acts of the public enemy, acts of the
State or Federal governments, acts of any other party (including, but not limited
to, delays in performing such other party's obligations pursuant to this Note),
Note. I ,doc 2fires, floods, epidemics, quarantine restrictions, strikes, labor disputes, freight
embargoes, inability to obtain materials or supplies or unusually severe weather or
delays of contractors and subcontractors due to such causes; it being the purpose
and intent of this provision that in the event of the occurrence of any such
enforced delay, the time or times for performance of the obligations of such party
shall be extended for the period of the enforced delay.
10. Amendments and Modifications. This Note may not be changed orally, but only
by an amendment in writing signed by both Agency and the City.
11. Successors and Assigns. This Note shall bind Agency and Agency's successors
and assigns and the benefits hereof shall inure to City and City's successors and
assigns.
12. Notices. Any notice to be given or other document to be delivered by either party
to the other may be delivered in person or may be deposited in the United States
mail, with first class postage prepaid, and addressed as follows:
To Agency: Culver City Redevelopment Agency
Attn: Assistant Executive Director
9770 Culver Boulevard
Culver City, CA 90232
To City:
City of Culver City
Attn: Community Development Director
9770 Culver Boulevard
Culver City, CA 90232
IN WITNESS WHEREOF, the Agency has executed this Promissory Note as of
the day and year first above written.
CULVER CITY REDEVELOPMENT
AGENCY, a public body corporate and
politic
By
Mark Scott
Agency Executive Director
[signatures continue on following page]
Note.l.doc 3APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
General Counsel
Murray O. Kane
Note.l.doc 4
[ LAExhibit "D"
Form of Quitclaim Deed
[behind this page]OFFICIAL BUSINESS
Document entitled to free
recording per Government Code
Section 6103
Recording Requested By:
THE CITY OF CULVER CITY
P.O. Box 507
Culver City, California 90232
Attention: Sol Blumenfeld, Community Development Director
When Recorded Mail to and
Mail Tax Statements to:
CULVER CITY REDEVELOPMENT AGENCY
9770 Culver Boulevard
Culver City, CA 90232
SPACE ABOVE THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, the CITY OF CULVER CITY, a municipal corporation
(herein called "Grantor"), hereby remises, releases and quitclaims
to the CULVER CITY REDEVELOPMENT AGENCY, a public body, corporate
and politic (herein called "Grantee"), all of Grantor's right,
title and interest in the real property described in the legal
description attached hereto as Exhibit A and incorporated herein
by this reference (the "Site").
The Site is within the Merged Culver City Redevelopment
Project Area, ("Redevelopment Project") and is subject to the
provisions of the Redevelopment Plan for the Redevelopment
Project ("Redevelopment Plan"), which was approved and adopted by
the City Council of the City of Culver City on November 23, 1998,
as amended to date. The Redevelopment Plan is incorporated
herein by reference and made a part hereof as though fully set
forth herein.
This Grant Deed is made pursuant to that certain Cooperation
Agreement between the Grantor and Grantee dated , 2009
(the "Agreement"), which is a public record on file at the
offices of the Grantor and is incorporated herein by this
reference.
[SIGNATURES BEGIN ON FOLLOWING PAGE'
Page 1 of 3
Deed.2IN WITNESS WHEREOF, Grantor and Grantee have caused this
instrument to be executed on their behalf, in Culver City,
California, by their respective officers hereunto duly authorized,
as of the date(s) set forth below next to each signature, and
this Deed shall be deemed effective on the date it has been
executed by the Grantor.
"Grantor"
CITY OF CULVER CITY, a municipal
corporation
Date: By:
City Manager
Mark Scott
ATTEST:
By:
Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CITY ATTORNEY COMMUNITY DEVELOPMENT DIRECTOR
CAROL A. SCHWAB
By: By:
, Deputy Sol Blumenfeld
Page 2 of 3
Deed.2CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property
conveyed by the within Quitclaim Deed from the CITY OF CULVER
CITY, a municipal corporation, to the Culver City Redevelopment
Agency, a public body corporate and politic is hereby accepted by
the undersigned officer on behalf of the Culver City Redevelopment
Agency pursuant to authority conferred by resolution of the Culver
City Redevelopment Agency adopted on , 2009, and the
Grantee consents to recordation thereof by its duly authorized
officer.
"Grantee"
CULVER CITY REDEVELOPMENT
AGENCY, a public body, corporate
and politic
Date: , 2009 By:
Agency Executive Director
KANE, BALLMER AND BERKMAN
Agency General Counsel
By:
Murray 0. Kane
Page 3 of 3
Deed.2
( 8STATE OF CALIFORNIA
)ss.
COUNTY OF LOS ANGELES
On before me,
a Notary Public, 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
)ss.
COUNTY OF LOS ANGELES
On
before me,
a Notary Public, 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)Exhibit A
LEGAL DESCRIPTION
Real property in the City of Culver City, County of Los Angeles, State of California, described as
Wows:
THAT PORTION OF WESLEY STREET, 50 FEET WIDE, AS SHOWN AND DEDICATED UPON THE
MAP OF TRACT NO. 3772, IN THE CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER THE MAP RECORDED IN BOOK 41 PAGE 91 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF SAID WESLEY STREET, 50 FEET WIDE, AS DESCRIBED IN
THE DOCUMENT AND DELINEATED ON THE MAP RECORDED IN BOOK 1123 PAGE 397 OF
OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNT RECORDER.
TOGETHER WITH THAT PORTION OF SAID WESLEY STREET AS DESCRIBED IN PARCEL 3 OF
THE CORPORATION GRANT DEED TO THE CITY OF CULVER CITY RECORDED MARCH 11, 1968
AS INS! RUMENT NO. 1933, SAID OFFICIAL RECORDS, ALL BOUNDED AS FOLLOWS:
BOUNDED NORTHEASTERLY BY A STRAIGHT LINE DRAWN FROM THE MOST NORTHERLY
CORNER OF LOT 17 OF SAID TRACT NO. 3772 TO THE MOST WESTERLY CORNER OF LOT 20 OF
SAID TRACT NO. 3772.
BOUNDED SOUTHERLY BY THE NORTHERLY LINE OF NATIONAL BOULEVARD AS DESCRIBED IN
PARCEL 2 IN THE ABOVE MENTIONED CORPORATION GRANT DEED TO THE CITY OF CULVER
CITY.
EXCEPT THEREFROM ALL OF THE MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARALI ER NOW KNOWN TO EXIST OR HERE/M-1ER DISCOVERED UPON, WITHIN OR
UNDERLYING SAID LAND OR THAT MAY BE PRODUCED 'THEREFROM, INCLUDING, WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ALL PETROLEUM, OIL, NATURAL GAS AND
OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM RECORDED
MARCH 11, 1968 AS INSt RUMENT NO. 1933 OF OFFICIAL RECORDS.
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