HomeMy WebLinkAboutReso 2005-116 - Veterans Home
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RESOLUTION NO. 2005-116
A RESOLUT][ON OF THE CITY COUNCIL OF THE CITY OF
REDDING AUTHORIZING THE MAYOR TO SIGN THE DEED
AND AGREEMENT TO CONVEY CITY PROPERTY TO THE
STATE OF CALIFORNIA TO CONSTRUCT A VETERANS
HOME IN REDDING
WHEREAS, Redding (City) has acquired approximately 26 acres ofland on Knighton Road
(Property) and by letter dated July 24, 2005, offered this Property to the State of California to construct a
Veterans home on the Property; and
WHEREAS, the State of California (State) has asked that this offer be reflected in a written
agreement providing for the City to convey title and for the State to accept title to the Property; and
WHEREAS, the State submitted a preliminary agreement to the City and has asked the City to
comment and approve the agreement; and
WHEREAS, the City Council approved an agreement in May 2005; however, the State has not
finalized the agreement and has asked for changes to that agreement; and
WHEREAS, the City and State have developed a revised agreement, attached hereto as
Exhibit A, which transfers the Property to the State.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Redding that
they deem it in the best interests of the City and its veterans to authorize the Mayor to sign the revised
agreement to transfer the Property to the State for a Veterans Home site if the State accepts the
agreement without material change.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a
regular meeting of the City Council on the 6th day of September, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
COUNCIL MEMlBERS: Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMlBERS: None
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R. MATHENA, MAYOR.
Attest:
Form Approved:
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AGREEMENT FOR CONVEYANCE AND
ACCEPTANCE OF REAL PROPERTY
THIS AGREEMENT FOR CONVEYANCE AND ACCEPTANCE OF REAL PROPERTY
("Agreement") is entered into by and between the City of Redding ("City"), a Municipal
Corporation, and the State of California, acting by and through the Department of General
Services ("DGS") with the consent of the California Department of Veterans Affairs ("CDVA"),
collectively hereinafter referred to as "Stat~," for the conveyance by the City and acceptance
by the State of certain real property hereinafter set forth, and is made on the basis of the
following facts, intentions, and understandings. The City and State are hereinafter referred to
as the "Parties."
WITNESSETH:
WHEREAS, the City is the owner of that certain real property located in the city of
Redding California and more particularly described in the legal description in Exhibit A
("Property") and as shown on the map in Exhibit B, both attached hereto and incorporated
herein by reference; and
WHEREAS, the City offered the Property to the State in a letter to the CDVA dated July,
24, 2003 for the purpose of developing a State Veterans Home ("Project"); and
WHEREAS, the City adopted Resolution No. xxxx-xx on September xx, 2005, (Copy
attached as Exhibit C) authorizing the Mayor to sign the deed and agreement to convey
Property from the City to the State to construct a Veterans home; and
WHEREAS, the Parties hereto desire to effectuate the City's transfer of the Property to
the State at no cost, for the construction of the Project pursuant to Sections 1011, 1104, and
1104.1 of the California Military and Veterans Code and Sections 15819.60 and 15819.65 of
the California Government Code; .
NOW, THEREFORE, the Parties hereto mutually agree as follows:
1. Authorization and Approvals. Acceptance by the State of this conveyance of the
Property is contingent upon authorization by the State Public Works Board of the State
of California ("SPWB") at a duly noticed public meeting, the approvals of the Directors of
the State Department of Finance ("DOF") and DGS, and the consent of the CDV A. This
Agreement has no force and effect, and is not binding on the State, unless it is
authorized and approved as noted above.
2. Representations and Warranties of State. The State makes the following
representations and warranties to the City as of the date of the execution of this
Agreement:
(a) DGS has full legal right, power, and authority to enter into this Agreement on
behalf of the State contingent upon authorization by SPWB obtained at a duly
noticed public meeting, approval by the Directors of DOF and DGS, and consent
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of the CDV A; and
(b) The SPWB, DGS, and CDVA officers executing this Agreement are duly and
properly holding their respective offices and are fully authorized to execute this
Agreement.
3. Representations and Warranties of the City. The City makes the following
representations and warranties to the State as of the date of the execution of this
Agreement:
(a) The City is the owner of the Property and has full right, power, title and lawful
authority to enter into this Agreement and to convey the Property at no cost as
provided herein and, the City has not entered into or executed any agreement or
document which would transfer all or part of the City's interest in the Property to
any third party; and
(b) Until the close of escrow, the City shall not do anything which would impair the
City's title to any of the Property; and
(c) To the best of the City's knowledge, neither the execution of this Agreement nor
the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument which affects the Property; and
(d) Until the close of escrow, the City shall, upon learning of any fact or condition
. which would cause any of the warranties and representations in this Section 3
not to be true as of closing, immediately give written notice of such fact or
condition to the State; and
(e) The City warrants the following in regard to infrastructure for utilities: (1) a sewer
line is located in Clover Creek approximately 100 feet east of the Property; (2) a
Pacific Gas & Electric natural gas line is located on the south side of Knighton
Road approximately 100 feet south of the Property; (3) storm drainage runoff will
be either to the east to Clover Creek or west to Churn Creek depending on
topography; (4) the City will extend a water line and an electric line to the edge of
the Property, and (5), the City will provide a joint trench with electric for telephone
and cable service providers to extend telephone and cable television to the
boundary of the Property. The City further warrants that infrastructure for water,
sewer, and electric with sufficient line capacities necessary to build the Project,
shall be installed and extended to the boundary line of the Property prior to
State's commencement of construction of the Project if such services do not
exist. With respect to natural gas, the City will pay to extend the line across
Knighton Road to the south edge of the Property. The City will also provide right-
of-way across City property for storm drain discharge from the Project provided
the State does all Federal and State permitting on the route. If a road is
constructed be tween t he Property and Clover Creek, t he Cit y will install an
eighteen inch concrete pipe or equivalent pipe under the road to convey storm
water to the Creek from the east side of the road to the west side of the Road.
The City's adopted development standards will apply to any facilities the City will
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maintain.
(f) The City gives no warranties or representations as to the condition of the
Property, except that the City represents that it knows of no condition of the
Property, including the existence of Hazardous Materials (as hereinafter defined),
or prior activities on or impacting the Property regarding Hazardous Materials,
w~ich would impair the Property's value or use, or would prevent the reasonable
development of the Property for the Project.
(g) The representations and warranties set forth in this Section 3 shall survive the
close of escrow.
(h) The Property is located within the City of Re9ding.
(i) In preparation of conveying the Property to the State, the City has done the
following: Obtained and provided to the State a Preliminary Wetlands
Assessment dated July 27, 2003, obtained and provided a Preliminary
Environmental Site Evaluation dated July 18, 2003 for the Property, amended the
Redding General Plan and Zoning Ordinance to facilitate development of the
Project on the Property, obtained outstanding minerals rights to the Property, and
cleared other title issues affecting the property.
4. Interests to be Conveyed.
(a) At no cost to the State, the City shall convey to the State, and the State shall
accept from the City, all of the City's right, title and interest in and to the Property
described in Exhibit A, subject to the covenants set forth herein.
(b) The City shall convey to the State by Grant Deed, title to the real property as
identified in Exhibit A, free and clear of all liens, leases, reservations,
encumbrances, assessments, easements, of record or otherwise, and of taxes,
except:
Items 5, 6, and 7 of Chicago Title Company Preliminary Report
No.1358268, dated June 2, 2005.
A five-foot wide Public Service Easement adjacent to and westerly of the
easterly property boundary, a five-foot wide Public Service Easement
adjacent to and northerly of the northerly boundary of Knighton Road, and
an avigation easement 700 feet and above the Property for airport
operations.
5. City's Obliqations. Subject to the terms and conditions set forth herein, the City agrees
as follows:
(1 )
(2)
(a) The City acknowledges that the State is a sovereign entity that is not subject to
local building and infrastructure permitting taxes or fees; except as discussed in
Section 6 below.
(b) City staff shall cooperate, in good faith, with DGS and the CDVA staff in order to
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facilitate the development of the Project.
(c) As discussed in Section 3 e, the City shall install or cause to be installed the
infrastructure for all utilities with sufficient capacities necessary to build the
Project, at no cost to the State. However: the City shall be under no obligation to
extend utilities unless State proceeds with working drawings and builds t he
Project.
(d) The City shall maintain the Property in a clean condition at no cost to the State
from the time the State takes title to the Property to the State's commencement
of construction of the Project and agrees to perform the following: 1) Post "No
Trespassing" signs along the perimeter of the Property; 2) Remove any and all
items of debris disposed on the Property; 3) Install a barricade or obstruction to
any road(s) currently existing or created on the Property where trespassing or
intrusion are likely to occur; and 4) Provide drive-by inspections of the Property
periodically and notify the State of any adverse activities that may be observed.
The State shall provide the City the. citation section it can use to cite any
trespassers on State property if different than State Penal Code Section 602.
6. State ObliQations. Subiect to the terms and conditions set forth herein. the State aQrees
as follows:
(a) The State agrees to provide courtesy copies of the 50 and 90 percent complete
. plans and specifications to the City for review. The State will consider comments
by the City but has no obligation to implement comments provided by the City.
(b) Notwithstanding Section 6 (a), the State agrees that development of the Project
is subject to all applicable City utility connection fees, including, but not limited to,
sewer and water connection fees and applicable service, meter or line tap fees.
and uniform monthly customer rates for electric, water, solid waste, wastewater
and storm drain to the extent that the State's Project uses or causes an
incremental increase in City services. Any improvements built by the State which
. is for the City to maintain, shall be built to City standards.
(c) The State agrees to take under advisement that the City prefers the Project's
residential living quarters to be placed on the approximately western 1,050 feet of
the Property and prefers the location of the office, clinics, parking or related
facilities to be setback from the streets. Acknowledgement by the State of this
preference contained herein shall not be construed as a commitment to
implement this preference.
(d) The State is responsible for preparing all development plans, coordinating all
approvals though State or Federal agencies, obtaining financing to construct the
project and coordinating connections to utilities and streets.
7. Reversion and Reconvevance. The State acknowledges and agrees that the City's sole
interest in conveying the Property to the State is for the State to complete development
of the Project thereon. In the event construction of the Project is not commenced within
seven (7) years, the City, at its option, upon written notice to the State, may request that
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the State transfer fee simple title to the Property back to the City. For purposes of this
Agreement, commencement of construction shall be the date shown on the State's
"Notice to Proceed", the date the State's contractor is directed in writing to commence
construction of the Project. In this event, the State agrees to take any and all steps
necessary to effectuate the transfer of the State's interest in the Property back to the
City as provided hereunder at no cost to the City and agrees to transfer the Property
back to the City as provided hereunder.
8. Waste and Hazardous Materials. Neither the City nor the State shall knowingly commit, .
suffer or permit any deposit of waste, any nuisance or acts at the Property in violation of
applicable laws. Further: The State and City acknowledge that a preliminary.
environmental site assessment has been prepared for the Property, to wit, that certain
report titled Preliminary Environmental Site Evaluation. Western Portion of Shasta
County APN 054-320-008 Redding, California dated July 18, 2003, by Lawrence &
Associates ("Environmental Report"). The State acknowledges that the City has
provided a copy of the Environmental Report to the State and that the State has had
sufficient opportunity to review and evaluate the Environmental Report in advance of
their execution of this Agreement. The City acknowledges with respect to the Property
that, except as specifically provided in this Agreement and the Environmental Report, to
the best of the City's knowledge, Hazardous Materials as that term is defined herein
("Hazardous Materials") were not used, generated, stored, released, discharged or
disposed of on, under, in, or about the Property or transported to or from the Property.
The City represents with respect to the Property, that neither the City nor any other
person or entity under the control of, or with the knowledge of the City will cause or
permit the use generation, storage, release, discharge, or disposal of any Hazardous
Materials on, under, in, or about the Property. As used in this Agreement the term
"Hazardous Materials" shall mean any substance, material, or waste which is or
becomes, prior to the date of execution and delivery hereof, regulated by any local
governmental authority,. the State of California, or the United States Government,
including, but not limited to, any material or substance which is (i) defined as a
"hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under
Section 25115,25117 or 25122.7, or listed pursuant to Section 25140 of the California
Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii)
defined as "hazardous substance" under Section 25316 of the California Health and
Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance,"
or "hazardous waste" under Section 25501 of the California Health and Safety Code,
Division 20, Chapter 6.95.
9. Indemnification. The City agrees, at its sole cost and expense, to indemnify, protect,
defend and hold harmless the State of California and its officers, employees and
agents, from and against any and all claims, demands, damages, losses, liabilities,
obligations, penalties, fines, actions, cause of action, judgments, suits, proceedings,
costs and expenses (including, without limitation, attorneys' fees, court costs,
administrative procedural costs and experts' fees) of any kind or nature whatsoever
which may at any time be imposed upon, incurred or suffered by, or asserted or
awarded against, the State of California relating to or arising from (i) all consequential
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damages, directly or indirectly arising out of the presence, use, handling, generation,
storage, release or disposal of Hazardous Materials by the City or the City's lessees, or
any prior owner or operator on, under or about the Property, (ii) the cost of any required
or necessary remediation, repair, cleanup or detoxification and the preparation of
required plans as a result of the presence, use, generation, storage, release, threatened
release or disposal of Hazardous Materials by any person on the Property prior to
transfer of title thereto to the State, (iii) the use on or before the close of escrow of the
Property by any third party, including, without limitation, any invitee or licensee of the
City, with respect to the Property prior to the transfer of title to the Property to the State.
For the purpose of this Section, Hazardous Materials shall include, without limitation,
substances defined as "hazardous substances," "hazardous wastes," or stated tb be
known to cause cancer or reproductive toxicity, under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation act, 49 U.S.C.
Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U. S. C.
Section 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1317
e.t seq.; Sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or
25501 of the California Health & Safety Code; or any substances so defined or stated in
any of the regulations adopted and publications promulgat~d pursuant to said laws as
they may be amended from time to time. .
In and only in the event title to the Property reverts from the State to the City, the State
agrees, at its sole cost and expense, to indemnify, protect, defend and hold harmless
the City of Redding and its officers, employees and agents, from and against any and all
claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions,
cause of action, judgments, suits, proceedings, costs and expenses (including, without
limitation, attorneys' fees, court costs, administrative procedural costs and experts' fees)
of any kind or nature whatsoever which may at any time be imposed upon, incurred or
suffered by, or asserted or awarded against, the City of Redding relating to or arising
from (i) all consequential damages, directly or indirectly arising out of the presence, use,
handling, generation, storage, release or disposal of Hazardous Materials by the State
or the State's lessees on, under or about the Property that occurred during the State's
ownership, (ii) the cost of any required or necessary remediation, repair, cleanup or
detoxification and the preparation of required plans as a result of the presence, use,
generation, storage, release, threatened release or disposal of Hazardous Materials by
any person, the State of California and its officers, employees and agents on the
Property that occurred during the State's ownership, (iii) the use after the close of
escrow of the Property by any third party, including, without limitation, any invitee or
licensee of the State, with respect to the Property that occurred during the State's
ownership. For the purpose of this Section, Hazardous Materials shall include, without
limitation, substances defined as "hazardous substances," "hazardous wastes," or
stated to be known to cause cancer or reproductive toxicity, under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation act, 49 U.S.C.
Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U. S. C.
Section 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1317
et seq.; Sections 25115,25117,25122.7,25140,25249.5,25249.8,25281, 25316 or
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25501 of the California Health & Safety Code; or any substances so defined or stated in
any of the regulations adopted and publications promulgated pursuant to said laws as
they may be amended from time to time.
10. Close of Escrow and Recordation. After receipt of the City's executed Agreement, DGS
shall request authorization by the SPWB at a duly noticed public meeting for this
acquisition and acceptance of the Property as provided in Section 1 of this Agreement.
Within thirty (30) days after obtaining the SPWB and the State Department of Finance
approvals, DGS shall deposit this Agreement and the City shall deposit the Grant Deed
and its attached Certificate of Acceptance for recording with Chicago Title Company,
1647 Court Street, Redding, CA 96001, Escrow Number 135826B-RS to effectuate the
close 0 f es crow ( "Close 0 f Escrow") and t he Cit y shall p ayes crow fees and title
insurance charges incurred in this transaction. The issuance of any escrow instructions
shall be the sole responsibility of DGS as long as the instructions do not amend this
agreement or increase City's costs.
11. General Provisions.
11.1 Assionment.
(a) This Agreement shall be binding upon and shall inure to the benefit of the
State of California, acting by and through DGS, and the City and their
respective, personal representatives, successors and assigns.
(b) The State shall not assign this Agreement or any interest or right under
this Agreement to any person or entity other than another department of
the State of California without obtaining the prior written consent of the
City. Provided, however, that as long as any lease revenue bonds issued
by the SPWB are outstanding and there is a default under the Facility
Lease for the Project, the SPWB shall be entitled to enforce all its rights
and remedies under the Facility Lease without obtaining the written
consent of the City.
(c) The City may not assign any of its rights pursuant to this Agreement
without the written consent of DGS. In no ev.ent shall any assignment
relieve the assigning party of any of its obligations under this Agreement.
(d) The CDVA agrees to comply .withthe terms of this A.greement should
transfer of jurisdiction be made by DGS to the CDVA.
11.2 Attorneys' Fees. In any action between the Parties to interpret, enforce, award,
modify, rescind, or otherwise in connection with any of the terms or provisions of
this Agreement, the prevailing party in the action shall be entitled, in addition to
damages, injunctive relief, or any other relief to which it might be entitled to,
reasonable costs and expenses including, without limitation, litigation costs and
reasonable attorney's fees.
11.3 Approvals and Notices. Any approval, disapproval, demand, document or other
notice ("Notice") which either party may desire to give to the other party under
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this Agreement must be in writing and may be given by any commercially
acceptable means to the party to whom the Notice is directed at the address of
the party as set forth below, or at any other address as that party may later
designate by Notice. Any Notice given under this paragraph, whether personally
or by mail, shall be deemed received only upon actual receipt by the intended
party.
To City: City of Redding
Office of the City Manager
Attention: Michael Warren, City Manager
777 Cypress Avenue
Redding, CA 96049-6071
To State:
California Department of General Services
Real Property Services Section
Attention: Marianne Wetzel, Manager, Acquisition Unit
707 Third Street, Fifth Floor
West Sacramento, CA 95605
California Department of Vete[#lns Affairs
Attention: The Honorable Torr@Johnson, Secretary
1227 0 Street
Sacramento, CA 95814
State of California, State Public Works Board
Attention: Karen Finn, Administrative Secretary
915 L Street, Ninth Floor
Sacramento, CA 95814
11.4 Jurisdiction and Venue. This Agreement shall be construed under the laws of the
State of California.
11.5 Titles and Captions. Titles and captions are for convenience of reference only
and do not define, describe or limit the scope or the intent of this Agreement or of
any of its terms. References to section numbers are to sections in this
Agreement, unless expressly stated otherwise.
11.6 Interpretation. As used in this Agreement, masculine, feminine or neuter gender
and the singular or plural number shall each be deemed to include the others
where and when the context so dictates. The word "including" shall be construed
as if followed by the words "without limitation." This Agreement shall be
interpreted as though prepared jointly by both Parties.
11.7 No Waiver. A waiver by either party of a breach of any of the covenants,
conditions or agreements under this Agreement to be performed by the other
party shall not be construed as a waiver of any succeeding breach of the same or
other covenants, agreements, restrictions or conditions of this Agreement.
11.8 Modifications. Any alteration, change or modification of or to this Agreement, in
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order to become effective, shall be made in writing and in each instance signed
on behalf of each party.
11.9 Severability. If.any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as
to whom or which it is held invalid or unenforceable, shall not be affected, and
shall be valid and enforceable to the fullest extent permitted by law.
11.10 Offer. Any delivery of unsigned copies of this Agreement is solely for the purpose
of review by the party to whom delivered, and neither the delivery nor any prior
communications between the parties, whether oral or written, shall in any way be
construed as an offer by the State, nor in any way imply that the State is under
any obligation to enter the transaction which is the subject of this Agreement.
The signing of this Agreement by the City constitutes an offerr that shall not be
deemed accepted by the State unless and until the State has fully authorized,
approved and executed this Agreement.
11.11 Rioht of Access. Prior to the close. of escrow, DGS and its representatives,
agents, employees, contractors and designees shall have the right of access to
the Property at all reasonable times for the purpose of making necessary and
appropriate inspections, tests, borings, samplings, surveys, etc. DGS shall 'save
and protect the City against any liability and/or claims resulting from such access
or use of the Property undertaken pursuant to this Section. The State shall first
be entitled to possession of the Property on and after the date of the close of
escrow.
11.12 Computation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day (such as the day escrow
opens), and including the last day, unless the last day is a holiday or Saturday or
Sunday, and then that day is also excluded. The term "holiday" shall mean all
holidays as specified in Section 6700 and 6701 of the California Government
Code. If any act is to be done by a particular time during a day, that time shall be
Pacific Zone. time.
11.13 Leoal Advice. Each party represents and warrants to the other the following: they
have carefully read this Agreement, and in signing this Agreement; they do so
with full knowledge of any right which they may have; they have received
independent legal advice from their respective legal counsel as to the matters set
forth in this Agreement, or have knowingly chosen not to consult legal counsel as
to the matters set forth in this Agreement; and they have freely signed this
Agreement without any reliance upon any agreement, promise, statement or
representation by or on behalf of the other party, or their respective agents,.
employees, or attorneys, except as specifically set forth in this Agreement, and
without duress or coercion, whether economic or otherwise.
11.14 Time of Essence. Time is expressly made of the essence with respect to the
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performance by the State and the City of each and every obligation and condition
of this Agreement including, without limitation, the closing of the escrow.
11.15 Cooperation Each party agrees to" cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be
reasonably necessary, helpful, or appropriate to carry out the purposes and
intent of this Agreement including, but not limited to, releases or additional
agreements.
11.16 Survival. All terms and conditions in this Agreement, which represent continuing
obligations and duties of the Parties, that have not been satisfied prior to Close of
Escrow shall survive Close of Escrow and transfer of title to State and shall
continue to be binding on the respective obligated party in accordance with their
terms. All representations and warranties and statements made by the respective
Parties contained herein or made in writing pursuant to this Agreement are
intended to be, and shall remain, true and correct as of the Close of Escrow,
shall be deemed to be material, and, together with all conditions, covenants and
indemnities made by the respective Parties contained herein or made in writing
pursuant to this Agreement (except as otherwise expressly limited or expanded
by the terms of this Agreement), shall survive the" execution and delivery of this
Agreement and the Close of Escrow, or, to the extent the context requires,
beyond any termination of this Agreement.
12. AQreement in Total
12.1. Entire UnderstandinQ. This Agreement contains the entire understanding
between the Parties relating to the transaction contemplated by this Agreement.
There are no prior or contemporaneous agreements, understandings,
representations and statements, oral or written, regarding this contemplated
transaction.
12.2 Counterparts. This Agreement may be signed in any number of counterparts,
provided each of the hereto executes at least one counterpart; each such
counterpart hereof shall be deemed to be an original instrument, but all such
counterparts together shall constitute but one agreement.
12.3 Exhibits Incorporated bv Reference. All exhibits attached to this Agreement are
incorporated in this Agreement by this reference. This Agreement is executed in
three duplicate originals, each of which is deemed to be an original. This
Agreement includes nine (9) pages plus four (4) exhibits: Exhibit A (Legal
Description of Property to be Conveyed, Exhibit B Map of Property to be
Conveyed, Exhibit C City Council Approval and Exhibit 0 Form of Grant Deed.
IN WITNESS WHEREOF, this Agreement for Conveyance and Acceptance of Real
Property has been executed by the Parties hereto as of ,2005.
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~ TTEST:
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IBy
I CONNIE STROH MAYER, City Clerk
I
~PPROVED AS TO FORM:
~~RIANNE WETZEL I I
ssistant Administrative Secretary I IBy
, I
______________.____._.___~~----.BLCHARD A. DUVERNA'L_ CltY-~t191:rJ_~Y_._...
--.- , I
rONSENT: \ I I
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DEPARTMENT OF VETERANS AFFAIRS I !
IBy
In-OM JOHNSON
Secretary
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GRANTEE: !
IDIRECTOR, DEPARTMENT OF ,GENERAL I
ISERVICES I
I I
, [
I .
I I
I .
'By
IDWIGHT V. WEATHERS,
iChief
iReal Property Services Section
~UTHORIZED:
TATE OF CALIFORNIA
STATE PUBLIC WORKS BOARD
PPROVAL RECOMMENDED:
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!GRANTOR:
!cITY Ot= REDDING, A MUNICIPAL
:CORPORA TION
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!By _
I JOHN R. MATHENA, Mayor
By I
ERRYLEONG I
Real Estate OffiSlcer. S t' I . __.____._....._.~._..n__... ._..__._.._____......._......._._ "___.h_. ... ...... .
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EXHIBIT "A"
All that real property situated in the South one-half of the Southwest one-quarter of Section
27, T.31 N., R.4 W., M.D.M. in the City of Redding, County of Shasta, State of California,
being a portion of the property described in the deed to Golden Bear, Inc., A California
Corporation, and Knighton Road, LLC, Recorded as instrument No. 2003-0041943, Shasta
County OfficiE3I Records, described as follows:
That portion of that certain parcel shown and designated as 1/103.06 AC.'" on Property Line
Adjustment Map No. 65-84, recorded July 9, 1984 in Book 24 of Parcel Maps at Page 56,
Shasta County Records, lying Northerly of the Northerly line of Knighton Road as said
Knighton Road is described in the Final Order Of Condemnation recorded June 10, 2002
as Instrument No. 2002-0029822, Shasta County Official Records, and Westerly of the
following described line:
COMMENCING at the Northwest corner of said "103.06 AC" parcel; thence, on and along
the Northerly line of said "103.06 AC" parcel, South 89038'23" East, a distance of 1354.12
feet to the TRUE POINT OF BEGINNING; thence leaving said North line, along a non-
tangent curve to the right, the center of which bears South 76036'23" West, having a radius
of 2970.00 feet, a central angle of 06043'50", a length of 348.88 feet; thence, South
06039'48" East, a distance of 347.23 feet; thence along a tangent curve to the right having
a radius of 970.00 feet, a central-angle of 22013'21", a length of 376.22 feet; thence South
15033'34" West, a distance of 148.90 feet more or less to the beginning of a tangent curve
to the right; thence along said tangent curve to the right having a radius of 30.00 feet, a
central angle of 92028'26", a length of 48.42 feet to the point of termination on, and tangent
to, the Northerly line of said Knighton Road.
Containing 26.2 acres more or less.
RESERVING THEREFROM AN EASEMENT to erect, install, construct, remove, repair,
replace, reconstruct, maintain and use for public service purposes any and all materials,
fixtures, appliances, equipment, pipes, pipelines, wires and cables (including fiber optics)
necessary for the transmission, distribution and delivery of electricity, water, sewer, storm
water, gas, cable television, communication and information service utilities over, along,
upon, under and across the following portion of the above described real property:
A 5.00 foot strip lying adjacent to and Westerly of the Easterly line of the above described
parcel and a 5.00 foot strip lying adjacent to and Northerly of said Northerly line of Knighton
Road.
GRANTOR FURTHER RESERV~S the right to:
1. Grant said easement or a portion thereof to other public utilities or public agencies;
2. Review and control the planting, trimming, maintenance and/or removal of any trees
or other plants within said easement; and
3. Enter upon said easement for the purpose of construction, replacement,
maintenance and repair of pipelines and appurtenances.
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ALSO RESERVING THEREFROM A perpetual public use easement and right;.of-way for
the free and unobstructed passage and flight of aircraft, of whatever ownership, and
whether now known or hereafter used for navigation of or flight in the air, in, through, oVer
and across the air space 700 feet or more above the ground level of the first above
described real property.
The rights herein reserved shall include the right in such airspace to allow, make and emit
such noise, vibration, fumes dust and fuel particles as may be inherent to the operation of
aircraft now known or hereafter used for navigation of or flight in the air.
Flights below minimum easement elevation or louder than the maximum easement noise
level which o'ccur because of emergency aircraft situations shall not constitute a violation
of this Air Easement
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POINT OF TERMINATION
LEGEND
RADIAL BEARING
RECORD PER 24 PM 56
PER PRELIMINARY RIGHT OF WAY MAP FOR KNIGHTON ROAD
EXTENSION, .PAGE 4 OF 5, ON FILE IN THE OFFICE OF THE
SHASTA COUNTY SURVEYOR, REFERED TO IN THE FINAL .
ORDER OF CONDEMNATION, RECORDED JUNE 10, 2002 AS
INSTRUMENT No. 2002-0029822, SHASTA COUNTY RECORDS.
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EXHIBIT B
0' 200' 400' .600'
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EXHIBIT C
City Council Resolution - City of Redding
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EXHIBIT D
Form of Grant Deed
WHEN RECORDED MAIL TO
STATE OF CALIFORNIA
Department of General Services
Real Estate Services Division - Acquisition Unit
707 Third Street, 5th Floor
West Sacramento, CA 95605
OFFICIAL STATE BUSSINESS-EXEMPT FROM RECORDING FEES _
PURSUANT TO GOV'T. CODE SECTION 27383 AND DOCUMENTARY
TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922
,-__________________m______________ ---------------1'------ SPACEABOVE THIS-UNEFOR RECORDER;SUSE:----------i
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PAL CORPORAT 0
Department 0 eterans Affairs
asta County
the STATE OF CALIFORNIA, all that real property in the County of Shasta, State of California described on the
attached Exhibit A (Legal Description) according to the terms contained in attached Exhibit B (Agreement for
Conveyance and Acceptance of Real Property) and by this reference made a part hereof.
Dated
GRANTOR: CITY OF REDDING, A MUNICIPAL CORPORATION
By: -
JOHN R. MAl HI::NA, Mayor
STATE OF CALIFORNIA
}
COUNTY OF
On
appeared
, 20_ before me,
personally
personally known to me (or 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.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
AUG-18-2005 16:30
~ CA DEPT VETS AFFAIRS
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916 653 2456 P.02/04
STATE OF CALIFORNIA
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ARNOLD SCHWARZENEGGER., GOvernor
DEPARTMENT OF VETERANS AFFAIRS
OFFICE OF THE SECRETARY
POST OFFICE BOX 94289.5
SACRAMENTO, CALIFORNIA 94295.000]
Telephone: (916) 653-2158
Fax: (9] 6) 653-2456
Q.,,--
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August 18, 2005
Mr. Michael Warren, City Manager
City of Redding
777 Cypress Avenue
Redding, CA 96001
Dear Mike:
Pursuant to our discussion today, enclosed is a letter sent last year affirming the
commitments of the State to the building of the Veterans Home in Redding. The commitments
made in the August 24, 2004 letter remain the commitments of Governor Schwarzenegger and
our Department.
With regard to timing, Senate Bill 1234 does require the Greater Los AngeIesNentura
Counties (GLA VC) project to be <<ful1y funded" before construction can commence in Redding
and we anticipate that the Memorandum of Agreement (MOA) to fully fund GLA VC will occur
in early 2007.
Again, thanks for the excellent support you and your colleagues in Shasta County
government have given us as we continue to bring this project forward.
Enclosure
VETERANS FIRST
AUG-18-2005 16:31
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CA DEPT VETS AFFAIRS
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916 653 2456
P.03/04
-STATE OF CALIFORNIA
~ DEPARTMENT OF VETERANS AFFAIRS
''UFFICE OFTHE SECRETARY
. POST OFFICE BOX 942895
SACRAMENTO, CALifORNIA 94295~OOOI
Telephone: (916) 653-2158
Fax; (916) 653-2456
ARNOLD SCHWARZEi'iEGGER. Governor
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August 24, 2004
The Honorable Sam Aanestad
California State Senate
P.O, Box 942848
Sacramento, CA 94248-0001
The Honorable Doug LaMalfa
California State Assembly
P.O. Box 942849
Sacramento, CA 94249-0001
Dear Senator Aanestadand Assemblyman La Malfa,
.
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.-.
Thank you for your recent inquiries about AB 1077 and the funding for California's five future Veterans
Homes. I appreciate your particular concern abput the funding and plans for the Veterans Home 0[-
California - Redding.
The Califomia Department of V eterans Affairs is committed to the building of the five Veterans Homes
described in previous legislation. The Department has undergone changes in leadership while the
projects involving these five homes have also undergone many changes. However, we are moving
forward and I have personally visited all five sites and established good working relationships with the
USDV A. veterans service organizations and the communities involved with each project. .
Understandably, along with the lapse of time and the changes to the projects) the costs have also
increased. Some of the reasons for the cost increases are (See attached Background Brieffor specific
details) :
1. Previous estimates were too low
2. USDV A has changed its design criteria for State Homes
3. The price of materials and labor have risen dramatically
4. The needs of the veteran population to be served have become more complex
5. USDV A will not participate in all of the soft costs
6. The Greater Los Angeles Healthcare System requires us to partner on a kitchen for the Veterans
Home and for their Southern California needs
,
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VETERANS FIRST
. . RUG-18-2005 16:31
~ CR DEPT VETS RFFRIRS
e
916 653 2456 P.04/04
Senator Sam Aanestad
Assemblyman Doug LaMalfa
August 24, 2004
Page 2
All of these reasons add up to an additional need of$l 00 million dolLars in lease/revenue bonds.
This additional funding is needed not to build more elaborate or deluxe Veterans Homes, but
rather to build the Homes that were originally envisioned to care for our veterans in accordance
with the cun-ent guidelines for healthcare, privacy and dignity. The veterans that have served our
country will need the services that we can provide for them at these Veterans Homes. We can
provide these services and meet our timetables if we can avoid further delays. The approval of
this legislation is essential to keep moving forward.
In spite of all these changes and challenges over the past few years, Governor Schwarzenegger
and I remain totally committed to building these Veterans Homes, including the 150 bed Home
in Redding, and fulfilling California's promise to our deserving veterans. Our current plans for
the Redding Home include the title transfer work to begin soon and for additional work on
preliminary plans to begin as soon as the GLA VC Homes funding has .been finalized and
secured. Current estimates for the Redding Home indicate that it will cost approximately $49
million. which will be covered by the $1 o Omillion in AB 1077.
Your support of AB 1077 will be greatly appreciated by those whqm we all serve. by the
Veterans Service Organizations who have inspired us to keep working hard on these proj ects and
by our California team ofDGS/DOF/CDV A who are working diligently to bring all five homes
into reality.
Sincerely,
,.
'..~.
VETERANS FIRST
TDTRL P. 04