HomeMy WebLinkAboutResolution No. 6990 0
RESOLUTION NO. 699
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
APPROVING THAT CERTAIN AGREEMENT ENTITLED,
"RECIPROCAL VEHICULAR ACCESS AND PARKING
AGREEMENT" BETWEEN THE REDEVELOPMENT AGENCY
AND WELLS FARGO BANK
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Redevelopment Agency of the City of Azusa
does hereby find, determine and declare that:
A. The municipal parking lot at 712 North Azusa Avenue
provides parking for existing businesses in the
downtown area.
B. By entering into a reciprocal easement agreement with
Wells Fargo Bank, the parking lot can be improved to
maximize parking efficiency and on-site landscaping.
C. This agreement benefits both parties and complements
efforts to revitalize the Central Business District.
SECTION 2. The Redevelopment Agency of the City of Azusa
hereby approves that certain agreement entitled, "Reciprocal
Vehicular Access and Parking Agreement Between the Redevelopment
Agency ad Wells Fargo Bank" dated as of 4/16 , 1990 and hereby
authorizes the Chairman to execute said Agreement on behalf of
the Redevelopment Agency in substantially the form as is attached
hereto as Exhibit "A".
SECTION 3. The Secretary shall certify the adoption of
this Resolution.
PASSED, APPROVED AND ADOPTED this 16thday of April ,
1990.
i
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Board of Directors of the City of Azusa, at a
regular meeting thereof held on the 16th day of April ,
1990.
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
AVILA,
NONE
)NE
STEMRICH, NARANJO, LATTA, MOSES
0 0
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
City of Azusa
City Clerk's Office
213 East Foothill Boulevard
Azusa, California 91702
RECIPROCAL VEHICULAR ACCESS AND PARKING LOT AGREEMENT
This Agreement is made by and between the undersigned
parties and shall be dated as of April 16, 1990.
WITNESSETH:
A. WHEREAS, Wells Fargo Bank, a California Corporation
hereinafter referred to as "Owner" is the owner of a parcel of
land hereinafter referred to as Parcel "A" and which is more
particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein.
B. WHEREAS, the City of Azusa, a California Municipal
Corporation, hereinafter referred to as "City", is the owner of a
parcel of land hereinafter referred to as Parcel "B" and which is
more particularly described in Exhibit "B" attached hereto and by
this reference incorporated herein.
C. WHEREAS, the Redevelopment Agency of the City of Azusa,
a California Municipal Corporation, hereinafter referred to as
"Agency", has undertaken an improvement program for the general
area surrounding Owner's and City's land, and desires to
encourage certain parking lot improvements.
D. WHEREAS, CITY and AGENCY desire to cause improvements
to Parcel A and Parcel B to provide public parking with efficient
interior circulation, ingress and egress from Azusa Avenue, and
landscaping as shown on the parking plan attached hereto as
Exhibit "C".
E. WHEREAS, in order to complete said improvements, this
Reciprocal Easement Agreement is necessary.
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto for themselves, their
1
0 0
C="a
successors, assigns, legal representatives, future encumbrances,
executors and administrators, agree as follows:
1. OWNER hereby grants to CITY, for the benefit of Parcel
"B", a non-exclusive easement, license, right and privilege over
the vehicular access and parking area of Parcel "A" for the use
of the customers, invitees, licensees, for ingress to and egress
from parcel "A" for the passage and parking of vehicles, and the
passage and accommodation of pedestrians.
2. CITY hereby grants to OWNER, for the benefit of Parcel
"A", a non-exclusive easement, license, right and privilege over
the vehicular access and parking area of Parcel "B" for the use
of the customers, invitees, licensees, subtenants and
concessionaires of Wells Fargo Bank and its lessees, for ingress
to and egress from Parcel "B" for the passage and parking of
vehicles, and the passage and accommodation of pedestrians.
3. CITY hereby agrees to allow OWNER to reserve up to a
maximum of thirty-five (35) parking spaces on the parking lot's
southern half for the specific use by customers, employees,
and/or visitors of the Wells Fargo Bank.
4. AGENCY agrees to reimburse OWNER for actual cost to
construct improvements illustrated on Exhibit "C" in accordance
with the following formula:
a. Total Actual Cost to Construct Improvements illustrated
on Exhibit C and as agreed upon prior to initiation of
construction.
b. Less: Cost of Improvements as originally proposed
by Wells Fargo Bank and verified by bid documentation
prior to initiation of construction. The Agency
herewith accepts the amount of $69,696 which represents
the OWNER'S bid for the subject work.
This amount shall be paid upon completion of the project
and expiration of any lien period. owner agrees to solicit
competetive bids and award contract to lowest responsible bidder.
owner shall submit detailed bid information to Agency before
awarding contract. Agency shall have ten (10) days after receipt
of the bid documentation to authorize the work or modify the
project scope.
AGENCY shall pay within fourteen (14) days after Owner's
submission of complete documentation evidencing work completion,
expiration of any lien period, and invoices clearly documenting
work performed and costs incurred.
5. OWNER shall not authorize any change orders to the
subject work in an amount exceeding five percent of the original
E
0 0
contract price without first obtaining
authorization.
written
AGENCY
6. OWNER shall maintain parking lot and landscaping in
accordance with reasonably acceptable commercial standards.
OWNER shall submit an annual invoice to CITY covering maintenance
costs incurred during the prior year beginning July 1, 1991 and
continuing until the termination of this Agreement. The OWNER
shall pro -rate the expenses as follows: one-third to CITY; two
thirds to OWNER.
Such standards shall include, but not be limited to the
following items:
a. Trim, prune, weed, replant, irrigate, cultivate and
fertilize all plants, shrubs, groundcover and trees on
a regular basis;
b. Sweep all hardscape and paved areas on a regular basis
and remove debris, dirt, grease and oil, as needed;
C. Remove all litter, glass, rubbish, abandoned vehicles
and other foreign articles on a regular basis;
d. Repave and restripe parking areas, as needed; and
e. Replace damaged or burnt out lights and/or fixtures, as
needed.
7. The non-exclusive easements, licenses, rights and
privileges granted herein are for the benefit of the parcels
described herein and shall run with the land. This Agreement
shall be recorded.
8. The non-exclusive easements, licensees, rights and
privileges herein granted by each of the parties hereto to the
other party shall terminate by the mutual written agreement of
the parties hereto or their successors in interest and upon
written approval by the City of Azusa.
9. Each party agrees to defend, indemnify and hold the
other harmless from any claim, demand, liability or judgment
arising out of its ownership of its Parcel or arising otherwise
out of the negligence or intentional act of the party, its agents
or employees, whether or not such negligence or intentional act
occurs on the party's Parcel.
10. This Agreement may be terminated
or CITY after written advance notice of
eighty days (180) days. Notice shall be
mail, return receipt requested.
3
at any time by OWNER
at least one hundred
provided by certified
0 0
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment Number ONE to be executed on the date first above
written.
CITY OF AZUSA
By:
Eugene F. Moses, Mayor
ATTEST:
By:
Adolph Solis
City Clerk
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA
By:
Eugene F. Moses, Chairman
ATTEST:
By:
Adolph Solis
Secretary
APPROVED AS TO FORM:
Peter Thorson
Counsel to the Agency
WELLS FARGO BANK
By:
4
n
u
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
E
On 1 19_, before me, the
undersigned, a Notary Public in an for said county and state,
personally appeared EUGENE F. MOSES, known to me to be the
Chairman of the Redevelopment Agency of the City of Azusa, a
public body, corporate and politic, of the State of California, a
public body, that executed the within instrument, known to me to
be the person who executed the within instrument on behalf of the
public body herein named, and acknowledged to me that such public
body executed the within instrument pursuant to the laws of the
State of California and to its bylaws and the resolutions of its
Board.
WITNESS may hand and official seal.
Name (typed or printed)
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On , 19_, before me, the
undersigned, a Notary Public in an for said county and state,
personally appeared , known to me to be the person
who executed the within instrument on behalf of ,
the Corporation therein named, and acknowledged to me that such
Corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal.
Name (typed or printed)
5
0 0
EXHIBIT A
LEGAL DESCRIPTION OF
PARCEL A
Lots 15, 16, 17, and 18 and the north five
feet of Lots 12, 13, and 14 in Block 29, in
the City of Azusa, as per map recorded in Book
15 Pages 93 to 96 inclusive of Miscellaneous
Records, in the office of the County Recorder
of Los Angeles County.
C
0 0
EXHIBIT B
LEGAL DESCRIPTION OF
PARCEL B
Lots 19 and 20 in Block 29, in the City of
Azusa, as per map recorded in Book 15 Pages 93
to 96 inclusive of Miscellaneous Records, in
the office of the County Recorder of Los
Angeles County.
7
EXHIBIT C
PARKING AND LANDSCAPING PLAN
— FaCi'STING
RHG__c-
0
0
V
:iitai.
o
�
ti..ai.s,..;.,a
.. -a.. .�' ..N.rA
a ....�4! ...- � �
_a .]u•'�a r-1 S_:%.GA.£iln-fl��.%X�T._�t��(S3i�i�Y'�T%i
f
A L.
l'�.n10�'I
25'!c'�
..
20'o
I 20'•0
2c=o'. :25.0
q0•o
�
1
r `
.....
I
P
yij
LI
....
-
1I
S
t5' -o•
-
..F-
/
z
0
149
s•—I
v
L*HT
-
o
Q
'
S,PNCAQD
f
a
a
7�
I
I
ml
@
2,9•
.
Q/
II
_
4
I
it
I
�
°
3G
`-
I1.
n
5'•0 �
Zoo
�,�
X41
PALM
TFBf
— FaCi'STING
RHG__c-
:iitai.
�1'�a_ -.
ti..ai.s,..;.,a
.. -a.. .�' ..N.rA
a ....�4! ...- � �
_a .]u•'�a r-1 S_:%.GA.£iln-fl��.%X�T._�t��(S3i�i�Y'�T%i