HomeMy WebLinkAboutCC RESO 13,406RESOLUTION NO. 13,406
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA AUTHORIZING AND APPROVING A MUTUAL USE
PARKING AGREEMENT, 11TH ST. TO 12TH ST. ALONG "A"
AVENUE, CENTER CITY REDEVELOPMENT PROJECT, NATIONAL CITY,
CALIFORNIA
WHEREAS, the Community Development Commission of the City
of National City, California has agreed to sell 34,282 sq.ft. of land
located along the easterly side of "A" Avenue between llth St .$/ss000
and 12th Street to Harper Development Company, Inc. (no ritage
Park Plaza, Ltd., a limited partnership) for $130,000 subject to a
development plan for 17,800 sq.ft. of office buildings and 43 parking
spaces to be built on the site and subject to mutual use of the
public parking facility to be built by the Community Development
Commission abutting and easterly of the site of said office building
along "A" Avenue between llth Street and 12th Street and easterly
thereof and said public parking facility is to be maintained by the
City of National City; and
WHEREAS, Heritage Park Plaza, Ltd., has prepared construction
drawings for said office buildings, which drawings have been approved
by the Community Development Commission as being in conformity with
the Development Plan for the site earlier approved by the Community
Development Commission Board, and said construction drawings for said
office buildings are currently under review by the City; and
WHEREAS, the Community Development Commission is now out to
bid for construction of "A" Avenue between Plaza Blvd. and llth Street,
a portion of llth Street westerly of "A" Avenue and a 73 space public
parking facility to be built along "A" Avenue and easterly thereof
between llth Street and 12th Street and it is timely to approve a
Mutual Use Parking Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City that a Mutual Use Parking Agreement, llth St.
to 12th St. along "A" Ave., Center City Redevelopment Project, National
City, California, is hereby authorized and approved and the Mayor is
authorized to execute said Agreement on behalf of the City of
National City and the City Council is authorized to attest thereto.
A copy of said Agreement is on file in the Office of the
City Clerk and reference is hereby made to all particulars contained
therein.
PASSED AND ADOPTED this 5th day of August, 1980.
Kile Morgan,
ATTEST:
Ione C. pbell, City C
Qa� 0/574,,,
MUTUAL USE PARKING AGREEMENT
llth St. to 12th St. Along "A" Avenue,
National City, California
The parties to this Agreement, entered into this day of
, 1980, are the Community Development Commission of the
City of National City, California, hereinafter called "CDC", the City of
National City, California, hereinafter called "City" and Harper Development
Company, Inc., San Diego, California whose partnership for the purpose
of the development of an office building in connection with this Agreement
is Heritage Park Plaza, Ltd., a limited partnership, hereinafter called
"Heritage Park Plaza".
The understandings and agreements of the parties are as
follows:
(1) Heritage Park Plaza will purchase from the CDC on or before
September 1, 1980, the land described on Exhibit "A", attached hereto and
incorporated herein, and shown as Parcel 1 on Exhibit "B", attached
hereto and incorporated herein, for $155,000. The Harper Development
Company, Inc. good faith deposit of $7,855.05 paid to the CDC on December 12,
1979 will be credited to the purchase price, leaving a balance of $147,144.95.
Said land consists of .787 acres or 34,281.72 sq.ft.
(2) Heritage Park Plaza will construct office buildings
pursuant to the revised development plan approved by the CDC by Resolution
No. 80-6(CCP) on February 5, 1980. Said Plan provides for 17,800 sq.ft.
of office space and 43 parking spaces on Parcel 1 as shown on Exhibit "B"
hereof. Construction of such buildings shall begin within one year of
conveyance of Parcel 1 by the CDC to Heritage Park Plaza and shall be
completed within nine months after beginning such construction.
(3) The CDC owns Parcel 2 shown on Exhibit "B" hereof (1.2
acres or 52,272 sq.ft.). The CDC shall construct a public parking facility
on said Parcel 2 as shown on the construction drawings therefor by Charles
W. Christensen Associates, Civil Engineers, San Diego, and Van Dyke/Halsey
Landscape Architects, San Diego, which are currently out to bid and of
record in the office of the CDC, and shall reconstruct "A" Avenue from
Plaza to llth Street and llth Street from "A" Avenue to National City Blvd.
as shown on said Plans. Such construction shall begin by October 1, 1980.
and shall be completed not later than six months after beginning such
construction. As part of the construction contract for said work the CDC
will do the following:
1 of 3
(a) Rough grade (grading within one tenth of one
foot of the elevations shown on the finish grading plan) the
site of Parcel 1 for such office buildings of Heritage
Park Plaza.
(b) The CDC assures Heritage Park Plaza, based
on the CDC Soils Engineers Report, that the site of the office
buildings to be built on Parcel 1 as shown on Exhibit "A"
hereof has soils conditions such that the proposed two story
office buildings can be constructed using conventional footings
and foundations.
(c) The overhead utilities within the alley abutting
and easterly of Parcel 1 will be undergrounded pursuant
to this Agreement. The overhead lines (telephone) and poles
abutting and easterly of Parcel 1 will be removed by the CDC
pursuant to this Agreement.
(d) Provide all utilities to the property line of
Parcel 1.
(e) Provide all off site improvements abutting
Parcel 1 including curb and gutter, sidewalk, street lights,
street trees and alley paving as shown on said construction
plans for "A" Avenue, llth Street and public parking facility.
(4) Mutual use of parking facility.
The Redevelopment Plan for the Center City Project, of
which Parcels 1 and 2, Exhibits "A" and "B", hereof, are a part, was adopted
by City Council Ordinance No. 1505 on April 13, 1976. Said Plan was
recorded on May 17, 1976, in the Official Records of San Diego County,
California as File/Page No. 76-148893. Said Redevelopment Plan requires,
as to the site and office use of Parcel 1, one parking space for each 200
square feet of gross floor area. The 17,800 sq.ft. of office space to be
built by Heritage Park Plaza requires 89 parking spaces. The approved
revised Development Plan of Heritage Park Plaza provides for 43 parking
spaces to be built by Heritage Park Plaza on the site of Parcel 1. The
remaining 46 parking spaces required shall be provided to Heritage Park
Plaza by the CDC and the City from the 73 parking spaces to be constructed
by the CDC on Parcel 2. Said 46 parking spaces out of the total 73 parking
spaces on. Parcel 2 are assured by this Agreement to be available to the
Heritage Park Plaza 17,800 sq.ft. office buildingfor a period of 55 years
from the date of completion of said 17,800 sq.ft. of office space or until
said office buildings are demolished by the owners of same, whichever is
the lesser period of time. Upon demolition of such 17,800 sq.ft. of office
buildings the City and, or the CDC will no longer be required to provide
said 46 parking spaces or any such parking spaces to the owners of Parcel 1.
2 of 3
The CDC shall construct said 73 parking spaces on said
Parcel 2 and the City shall maintain, in good order and in a workman like
manner, said parking spaces and related landscaping and appurtenances and
shall pay all of the costs thereof. Heritage Park Plaza shall not be
required to pay any costs of maintenance, repair, replacements or utilities
for any of the 73 parking spaces to be built on said Parcel 2, the provision
of such spaces having been an important consideration in Heritage Park
Plaza's purchase of Parcel 1 from the CDC, the purchase price of said Parcel 1,
and the quality and quantity of development to be built by Heritage Park
Plaza on said Parcel 1.
The CDC and the City assure Heritage Park Plaza of the
availability of 46 such parking spaces out of a total of 73 such spaces
on Parcel 2 but do not assure, and have no obligation to assure, 46 specific
parking spaces out of the total 73 such spaces. The parking facility on
Parcel 2 shall be a free, open, public parking facility. The City shall take
whatever actions as may be required from time to time over the life of this
Agreement to assure the availability of such 46 parking spaces to Heritage
Park Plaza or its successor in interest. Failure on the part of the City so
to do shall be cause for legally enforceable action by Heritage Park Plaza
or its successor in interest to compel provision of such 46 parking spaces.
(5) This Agreement may be amended by mutual written agreement
of all of the parties.
CITY OF NATIONAL CITY, CALIFORNIA
Civic Center
1243 National City Blvd.
National City, California 92050
r
Kile Morgan"Mayor
ATTEST:
Lane ampbell, City Cl rk
COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY, CALIFORNIA
Civic Center
1243 National City Blvd.
National City California 92050
Kile Morgan,Chairman
ATTEST:
6/1 ,/ `ram
1/445rnold A. Peterson, Secretary
HERITAGE PARK PLAZA, LTD., a limited partnership,
430 Olive Street, San Diego, California 92103
Thomas/O'Brien/Courtney,
real estate investments, a
general partnership
Harper/Walsh, a general partnership
By By
Robert L. Thomas, a general partner Ronald D. Harper, a general partner
3 of 3
Lots 11 through 20, inclusive, Block 1, together with the
Southerly 10 feet of llth Street and portion of "A" Avenue
as vacated and closed to public use of F. A. Kimball's Sub-
division, in the City of National City, County of San Diego,
State of California according Lo Map thereof No. 585 filed in
the Office of the County Recorder of said County, February 20, 1889,
being described as a whole as follows: -
Beginning at the Southwesterly corner of said Lot 11; thence
North 17° 46' 58" West along the Westerly line of said Lots
and the• Northerly prolongation thereof 260.14 feet to the
North Line of said Southerly 10 feet of llth Street; thence
along said North line North 72° 02' 35" East 128.00 feet;
thence South 17° 46" 58" East 17.50 feet; thence Soutl.
72° 13' 02" West 4.50 feet; thence South 17° 46' 58" East
111.50 feet; thence North 72° 13' 02" East 15.00 feet;
thence South 17° 46' 58" East 112.00 feet; thence North
72° 13' 02" East 4.50 feet; thence South 17° 46' 58" East
19.15 feet to the Northerly line of 12th Street; thence
South 72` 04'-00" West'along said Northerly line to and
along the Southerly line of said Lot 11 a distance cf 143.00
feet to the point of beginning.
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