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Home My WebLink About2002 CON PA Heartland Meat - Reimbursement & Development Hoover Ave.REIMBURSEMENT & DEVELOPMENT AGREEMENT Between Parking Authority of the City of National City and Heartland Meat Company THIS Agreement made and entered into this 19th day of February 2002, by and between The Parking Authority of the City of National City, CA, herein designated as "PA", and Heartland Meat Company, herein designated as "HMC". RECITALS: 1. PA will open an escrow at Chicago Title Company, San Diego office, and HMC agrees to place in said escrow an amount equal to the negotiated purchase price or court -determined amount of just compensation for the Property located at 1212 Hoover Avenue, National City, CA, (the "Property") within ten (10) days of demand from PA. PA and HMC agree to enter into mutually acceptable escrow instructions. A legal description and parcel map of the Property is attached hereto as Exhibit "A" and incorporated herein by reference. 2. The Property is subject to acquisition by PA for the purpose of providing parking facilities and improving the neighborhood by taking cars and trucks off the street. HMC will demolish and clear the Property of all existing improvements within ninety (90) days of acquiring title and will develop the Property into a paved, landscaped parking and loading area within one hundred eighty (180) days of acquiring title. HMC agrees to submit plans and obtain appropriate permits from the City of National City prior to development of the Property. A copy of the concept improvement plan is attached as Exhibit B. 3. PA agrees to sell the Property to HMC for the amount PA expends to purchase the Property. PA will obtain a Fair Market Value Appraisal of the Property and will make an offer based on said appraisal to the owner to purchase said Property. PA agrees to use its best efforts to purchase and will, if necessary, hold a Public Hearing and consider a Resolution of Necessity to acquire the Property utilizing eminent domain. In carrying out any property acquisitions pursuant to this MOU, HMC and PA acknowledge and agree that PA is not obligated to exercise its eminent domain authority except as it deems consistent with the requirements of the law, and shall retain its full and unfettered discretion to reject the use of eminent domain. 4. HMC agrees to post a Performance Bond, subject to approval of PA, in favor of PA in an amount equal to 125% of the Fair Market Appraisal at signing of this Agreement. Said Performance Bond shall secure HMC's obligation under this Agreement to develop the Property. PA will release the Performance Bond within ten (10) days of HMC satisfactorily completing development of the Property as described above. ORIGINAL 5. HMC and PA mutually agree that HMC shall be solely responsible for the removal and disposal of any and all hazardous, toxic, or other wastes, or substances stored or existing on or in or under the Property, and that any and all hazardous, toxic or other wastes or substances shall be removed from the Property as part of HMC's development of the Property. It is further understood and agreed that HMC shall indemnify and hold PA, its officers and employees harmless from any and all liability, costs, fines, penalties, charges and/or claims of any kind whatsoever relative to the existence, removal and/or disposal of said hazardous, toxic or other wastes or substances on or in or under the Property. It is also understood and agreed that HMC shall be entirely responsible for securing any and all permits necessary in connection with the removal and disposal any and all such hazardous, toxic or other wastes or substances, and paying all fees, charges, costs and/or penalties whatsoever in connection therewith. 6. Concurrently with the recordation of the deed transferring title of the Property to HMC, HMC shall cause to be executed and recorded a Covenant Running with the Land, in the form and content attached hereto as Exhibit "C", in which HMC covenants to devote the Property to use as a landscaped parking lot and loading area for such time as it operates a business at 1218-1228 Hoover Avenue, National City, CA. The Covenant Running With the Land shall not be rescinded or amended without the prior written consent of PA's Board. 7. HMA agrees to maintain its premises located at 1218-28 Hoover Ave. the subject site 1212 Hoover Ave. and the adjacent parcel 1206 Hoover Ave. in compliance with all applicable City of National City Codes and Ordinances, County of San Diego Health Department and State of California Health & Safety Code requirements. 8. If PA is not able to acquire said property within one hundred eighty (180) calendar days of the signing of this agreement the PA will return said Performance Bond and this agreement will be void. 9. If PA is not able to acquire the Property within one hundred eighty (180) days of the signing of this Agreement, PA will return said Performance Bond and this Agreement will be void. -- Signature Page to Follow -- IN WITNESS WHEREOF, PA and HMC have signed this Agreement on the respective dates set forth below. Date: February <:9" e> , 2002 A ST: Paul Desrochers, Executive Director APPROVED AS TO FORM George H. Eiser III PA/ City Attorney Date: February eZ / , 2002 Parking Authority of the City of National City CA a public body, corporate & politic By: / e Z-dt George H. aters, Chairman HEARTLAND MEAT COMPANY (Two signatures required) By: -- Title: C o (fD (e By:1 \1 Title: ye-S1G442.4n4 1212 HOOVER: LEGAL DESCRIPTION LOT 20, IN BLOCK 77 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882. APN: 560-011-10-00 Exhibit "A" i 0 A, O uv„ 3!9!4X3 '0 CIVIC-' (MO .�W 31AI C.10* CQum 413A3s0• Sur• SaNAII271R.Gi.. IAV•E0 73R A7Y33YEN7 O.flaS $tN1T 1 CENTER 1 t I. i Slo'n M �� ii — � C W t �L —Tb4i 4 4Qp i Ste/ 1 "co ce R 1 a . 7 .. ST (S'TRe[T) OR. 1 1 lI 1 � 11 630 6* MAP 345 - NATIONAL CITY RE-FILEO PROS 11084,11342, 11884,12246 9,, ON PO kw 03 9C Jr.71 ij 9 9 R 2322 1212 HOOVER: CONCEPT IMPROVEMENT PLAN • Demolish existing structure, remove existing improvements, trees and shrubs • Grade to elevation of adjacent parking lot to the north and west • Pave for access to loading dock to service adjacent building to the south and combine remainder of site with parking lot to the north and west. • Pave with concrete asphalt thickness in accordance with City Building and Safety regulations. • Erect decorative wrought -iron fence consistent with existing fence to the north along Hoover Ave. • Light area from adjacent building • Improve public sidewalk and remove driveway at 1212 Hoover and landscape parkway similar to existing area to the north and south. Exhibit B Recording Requested By and When Recorded Mail To: Parking Authority of the City of National City 140 East 12`h Street National City, California 91950-3312 (Above Space for Recorder's Use Only) COVENANT RUNNING WITH THE LAND This Covenant Running with the Land is made and entered into this 19th day of February, 2002, by and between Heartland Meat Company, hereinafter referred to as "PURCHASER", and the Parking Authority of the City of National City, hereinafter referred to as "PARKING AUTHORITY". RECITALS A. PARKING AUTHORITY is the owner of the real property (the "Property") commonly known as 1212 Hoover Avenue, National City, CA 91950. A legal description of the Property is attached hereto as Exhibit "A" and incorporated herein by reference. B. PARKING AUTHORITY and PURCHASER have entered into a separate escrow agreement for the sale of the Property from PARKING AUTHORITY to PURCHASER. C. PARKING AUTHORITY has agreed to acquire and sell the Property to PURCHASER so that PURCHASER will develop the Property into a parcel, landscaped parking and loading area. D. In order to ensure the development and continued use of the Property as a parcel, landscaped, parking arca, PARKING AUTHORITY desires, and PURCHASER has agreed, to enter into this Covenant Running with the Land. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the parties agree as follows: 1. PURCHASER agrees and covenants to develop the Property as a paved and landscaped parking area, to he used as a parking and loading area for such time as PURCHASER operates a business at 1218-1228 Hoover Avenue, National City, CA. Exhibit "C" 1 2. PURCHASER agrees to maintain the Property during the term of this Covenant. For purposes of this Covenant, "maintain" shall include, without limitation, cleaning of the Property, irrigation and pruning of landscape materials, and such other steps as are necessary to keep the Property in a clean, safe and sanitary condition in order to preserve the attractive appearance of the Property. 3. Should PURCHASER at any time default in the performance of the maintenance obligations imposed pursuant to the above paragraph 2, then PARKING AUTHORITY, upon thirty (30) days' prior written notice to PURCHASER, shall have the right, but not the obligation, to enter upon the premises and perform PURCHASER'S maintenance obligations at PURCHASER'S sole cost and expense. 4. This Covenant Running with the Land shall run with the land described in Exhibit "A" and shall insure to the benefit of both parties hereto, and shall be recorded with the San Diego County Recorder. 5. This Covenant Running with the Land shall be binding on all successors in interest, heirs, executors and assigns of the parties hereto. 6. This Covenant Running with the Land shall not be rescinded or amended without the prior written consent of the Parking Authority of the City of National City. IN WITNESS WHEREOF, the parties hereto have executed this Covenant Running with the Land on the day and year first above written. PARKING AUTHORITY HEARTLAND MEAT COMPANY OF THE CITY OF NATIONAL CITY By: By: GEORGE H. WATERS PURCHASER Chairman APPROVED AS TO FORM: GEORGE H. EISER, TIT City Attorney, Legal Counsel To the Parking Authority of the City of National City Title: 2 1212 HOOVER: LEGAL DESCRIPTION LOT 20, IN BLOCK 77 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 2, 1882. APN: 560-011-10-00 Exhibit "A" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i• • >A • AS 'T.� Zvi'.)_ :,1.�...].V'•1. • WQ P) State of Califomia County of SAN P( ('D On n22/0 g- , before me, 1.1&EuCA PAG%-Ci 1\1O Y Tt(aUC Date Uo Name and Title of Officer (e.g.. 'Jane . Notary Public') personally appeared _ t1FoRti E 14- IW4R-S ANG IJCA PUPAS Conimbion • 130141i1 Nolan Ric - Ctraloni@ San Diego Cowily AtiCorm6p1+esJ 119.ivai Place Notary Seal Above Naate(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the person whose name, - subscribed to the within instrument and acknowledged to me tha s e/fti executed the same in authorized capacity(I), and that by Q t it signature on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. WI SS my hand and official seal. OPTIONAL Sgrlature of Notary Public Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocumen��," Title or Type of Document: MI�I/t�t+i��i`rC4s, 1-1AlrnoNi- Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: _ I— Individual • Corporate Officer — Title(s): Partner — Limited rE General Attomey in Fact Trustee Guardian or Conservator Other: Number of Pages: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1 9 A 01999 Natiwv l Notary Aswieten .9350 De Sao Ave.. P.O. Box 2402 • Chaleworat CA 91313 2402 • www naomaYwtary org Prod No. 5907 reorder Call Toll -Free 1-8008704927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cYi State of California ll� DtEfi0 County of J SS. n - On d_1-U / , before me, '441"—CIA(4 itm-c-4A-S, Nal-A2^/ P.IiSUC_ Date personally appeared N:ure: and Title of Officer (e.g.. 'Jane Doe. Notary Public') uAN(P kg(\ ST104)1 D avEpq E. sn ANGELICA MACIAS Commission # 1306391 Norm Public - California Sort Diego County My Comm. Expires Jun 19,2005 Place Notary Seal Above Names) of Stoner(s) 71 ersonally known to me 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. ESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description ofoucheocumt t M'D2 onitoT. Act Title or Type of Document: eif Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ J Individual L' Corporate Officer — Title(s): Partner — Limited 1- General - Attorney in Fact I Trustee L Guardian or Conservator Other: Signer Is Representing: 5`vZ`Sgc.. c - wtt Sr �GCL! O 1999 Netionai Notary Association • 9350 De Soto Aw.. P O. Box 2402 • Cfl tswonb. CA 91313.2402 • wpm ononlelrntary.org RIGHT THUMBPRINT OF SIGNER Top of thump here ,YG .V4 ✓ '.•Yl•NC�>/•�//•N `N3 NG NG�NG'N Prod. No. 5907 Reorder: Cal To1I-Froo 1.800.876.6827