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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. • aa 40' OF 'LO.T ' -3 OF QUARTER: 154 RANCHO DE LE NAC1ON • — CCI w w 10' STREET CLOSING in S T R E E T 7NG 20' 0 20' 0 N72 °02' 35''E 128.00' 517°46'58"E 17.50' 572°13'02"W 4.50' f PARCEL I l 0.787 ACRES N72°I3'02"E 15.00' N72°13'02"E 4.50' 517°46'58"E 19.15' 285.23' T H 143 0 195.56' 67.56' 0 Ln O N o • 572°04'00"W /2 *-t"' S'T." w w 0 N O I ko N cts ccLu ti CO cc - La I° M E21 25'� 12.61' re, PORTION OF LOT M N SECTION 154 RANCHO NI7°47'29"W i ,/ArIONAL ei1 y, CA L/P,eN/,4 11TN STREET CLOSED N72°02'35"E 135.00' N17°47'29"W 30.00' PARCEL 2 1.200 ACRES 152.61' 140.00' S17°47'29"E 35.00 572°04'00"W Lai a1 N O Q� ►. o n 594.13' -2"—FOUND NAIL AND DISK MARKED CITY ENC NO RECORD Q S T H E 110 228.90'i- 0v ` 6' OFFSE i ExH/B/7-1l ,,