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HomeMy WebLinkAbout99-031 CC ResolutionRESOLUTION NO. gg-31 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROViNG THAT CERTNN AGREEMENT ENTITLED "PURCHASE AND SALE AGRa:'EMENT AND ESCROW INgrRUCTIONS" AND THE PARKING EAS, EMENTS INCLUDED THEREIN FOR THE PARKING LOT NORTHWESTERLY OF FIRST AND FRONT STREETS IN OLD TOWN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: a. The Old Town Specific Plan and the Redevelopment Plan for the City's Redevelopment Project Area 1988-1 provides for the acquisition and developrent of public perking facilities in Old Town .b. The public parking lot proposed to be acquired by this Purchase Agreement is strategically located within the Old Town Area and will serve a portion of the public parking needs in Old Town. c. The City Coundl has duly considered all terms and conditions of the proposed Agreement and finds that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements and that the purchase pdca for the acquisition of the parking lot with the reservation of the parking easements by the seller is the fair market value of the interests acquired. d. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The City Coundl of the City of Temecula hereby furlher finds, determines and declares that: a. This action being taken has been contemplated and described in the Redevelopment Plan for the City's Redevelopment Project for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed and certified in 1994 for the adoption of the Old Town Specific Plan. Since the preperation and certification of those Envi- ronmental Impact Reports, subsequent changes have not been proposed in the subject project or in the amendment to the Redevelopment Plan which will require important revisions of the previous EIR due to the involvement of new significant environmental impacts which were not considered in the previous EIR. Additionally, substantial changes have not occurred with respect to the circumstances under which the Redevelopment Plan Amendment has been undertaken which would require important R:Resoe 99-31 1 provisions in the previous EIR due to the involvement of signfficant environmental impacts not covered in the previous EIR. Finally, no new information of substantial importance to the area and the Environmental Impact Report prepared for that area has become available. Moreover, the mitigation measures proposed as part of the Envi- ronmental Impact Report for the Old Town Specific Plan have been included, where applicable, in the Project, and such mitigation measures are feasible and further mitigation measures are not required to address concems raised in the Environmental Impact Report. Therefore, pursuant to the provisions of CEQA and, spedfically, 14 CaI.Admin. 15162 and 15180, a subsequent Environmental Impact Report for the subject project is not required. b. Notwithstanding the environmental analysis set forth in subsection a. of this section, the Project is exempt from environmental review pursuant to 14 Cal. Admin. Code Section 15302 as a Class 2 categorical exemption (replacement or reconstruction of existing facilities) and 14 Cal. Admin. Code Section 15304 as a Class 4 categorical exemption (minor alterations to land), because the acquisition and improvements set forth in the Agreement are to an existing parking lot and the construction will consist of the improvement of the asphalt and lighting at the parking lot. Section 3. The City Coundl of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" dated as of Apdl 20, 1999, and the "Agreement and Grant of Real Proparty Subject to and Reserving Parking Easement" referred to therein, with such changes mutually agreed upon by the Seller and the City Manager as are minor and in substantial conformance with the form of such Agreements as have been submitted herewith. The Mayor is hereby authorized to execute the Agreements, including related exhibits and attachments, on behalf of the City. A copy of the final Agreement when executed by the Mayor and attested by the City Clerk shall be place on file in the Office of the City Clerk. section 4. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to cam/cut and implement the Agreements approved by this Resolution and to administer the City's obligations, responsibili- ties and duties to be performed under the Agreements and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Section 5. The City Clerk shall certify the adoption of this Resolution. the City Coundl of ity of Temecula on PASSED, APPROVED AND ADOPTED by enJ.~F, Apdl 20, 1999. v Mayor ATTEST: R:Resos 99-31 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan Jones, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 99-31 was duly and regularly adopted by the City Coundl of the City of Temecula at a regular meeting thereof, held on Apdl 20, 1999, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Comerchem, Lindemans, Roberts, Ford NOES: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Stone S C C 99-31 3 SUMMARY OF PARKING AGREMENT AND PURCHASE AGREEMENT TEMECULA STAMPEDE PARKING LOT The following important provisions are included in the Parking Agreement: 1. P,,hlicP=rldng. The Agreement provide that the City may usa the Parking Lot for public parking and the owner of Parcel I has a non- exclusive fight to usa the Parking Lot for its tenants and their customers. Parcel 1 's fight to usa the Parking Lot is limited to parking in ~onnection with uses on Parcel 1 so that the owner of Parcel I cannot !easa spaces for uses unrelated to Parcel 1, such as vehicle storage. (Third unnumbered paragraph.) 2. City to IVleint=in P-rldng Iot. The Agreement provides that the Parking Lot will be used and maintained by the City at all times as a public parking lot, except for permitted construction on Parcel 3. If the City does not use and maintain the Parking Lot as a public parking lot, the Parking Lot will automatically revert to the owner of Parcel 1, but the owners will be required to provide the City with notice and a thirty day opportunity to cure any default before the reversion takes place. Without a requirement for payment of the purchase price or construction costs and with a short cure period, the resolution of a dispute with respect to maintenance or use of the Parking Lot will be more cumbersome and expensive due to the risk of loosing the Parking Lot property 30 days after notice of a default. The City will need to be vigilant in making sure that the Parking Lot remains a public parking lot and that all of the maintenance requirements are met. (Section 1 .) 3. Free P=rking. The parking on the Parking Lot shall be flee for the owners, tenants and customers of Parcel 1. (Section 2.) 4. Suffident -S.~ces for R, ~=iP.e=N,= on P~,rcel 1. Section 3 provides that the Parking Lot will be developed with as many spaces as practicable under the parking space size and turning aisle requirements of the Development Code. 5. No Ruildings or Stn,~,res on the P~rldng Iot. The Agreement requires that no buildings or structures can be built upon the Parking Lot, except as provided in Section 9. with respect to the development of Parcel 3. (Section 4.)- 6. .~ Section 5. provides the the owner of Parcel I may place a sign at the entrances to the Parking Lot explaining that the lot is available for the businesses on Parcel 1. The sign may be as large as three feet by four feet. 7. Proced,,res Rel=t,,d to Free P"rking. The City is required to establish procedures to assure that customers of Parcel I can use the parking free of charge, (Section 6.) 8. M=inter~nce of P=ridnglot. The City shall maintain the Parking Lot in accordance with the same maintenance standards and schedules as it uses on the Sixth Street parking lot in Old Town. (Section 7.) R:reso/stampede agrmnt I 9. Constn,ction on Parld~ Iot. In constructing the improvements to the Parking Lot, which will include resurfadng and installation of lights, the City agrees to certain procedures to minimize the inconvenience to the tenants of Parcel 1: (1) Proceed as quickly as possible with the construction; (2) submit a construction schedule and parking mitigation plan to the businesses on Parcel 1 at least 15 days pdor to the start of construction; (3) limit construction activities to Monday through Thursday (the Stampede is only open Fdday, Saturday and Sunday); (4) fill the trenches required for lighting conduit or cover them with plates if the conduit is not completed on a Fdday, Saturday or Sunday; and (5) if a certain number of parking spaces will be unavailable on a Fdday, Saturday or Sunday, the City will provide altemative spaces. City will also improve the parking spaces on Parcel 1 because the owners of Parcel 1 have given the City an easement for public parking in this area. (Section 8.) 10. Constn Jctjon on P=rcel 3. The City or the Agency may construct commerdal buildings on Parcel 3, provided that any portion not improved with a building shall remain as a part of the Parking Lot. (Section 9.) 11. Section 10. F~stem Munici~l Water Inistdct Iift Station. If the City acquires the property on which the current sewer lift station is operating, the City will improve it for Public Parking and it will become part of the Parking Lot. If the City does not acquire the property and the owner of Parcel I acquires it, the City will provide access dghts over the Parking Lot to Parcel 1. (Section 10.) 12. Alignment of First Rtreet Rddge. Upon the realignment of First Street to accommodate the new First Street Brklge, the public property which becomes available as a result of this realignment will be made part of the public parking lot. (Section 11 .) 13. S,,hetP,,ta Parking Re P~,rcel ~. In the event the City or the Agency decide to develop Parcel 2, this Section 12 of the Parking Agreement sets forth the requirements for substitute parking for each space removed from public parking. The substitute parking must: (1) Be completed at least 30 days prior to the elimination of the parking spaces; (2) be conUguous to the Parking Lot; (3) be located within 300 feet of the Parking Lot; (4) may not be located on the west side of Mudetta Creek; (5) be visible from Front Street; and (6) be accessible from Front Street. 14. Special Pvents Permit. The owner of Parcel 1 may use up to 25% of the Parking Lot for a special event and not more than two special events will be permitted in any calendar year. The owner must submit the application for any necessary City permits at least six months prior to the event and shall comply with all applicable requirements of the Temecula Munidpal Code. (Section 13.) 15. Right of First RefiJsal. If the City decides to sell the Parking Lot property to a third party, the owner of Parcel I has the right to buy the Parking Lot at the pdce negotiated with the third party. The owner of Parcel I must make its derision within 60 days of notice. The right of first refusal is not applicable to a sale at less than fair market value or with other incentives in connection with a Redevelopment Agency Agraernent. (Section 14.) R:reso/starnpede agrmnt 2 16. New l:b ,ilding~ nq P"-co! 1. The Agreement allows the owners of Parcel 1 to construct new buildings or expand existing buildings on Parcel I without having to construct additional parking and without loss of any of the parking dghts for the Parking Lot. (Section 16.) 17. Insur';unce. The Agreement requires the City to maintain $5,000,000 liability insurance for liability adsing from its operation and maintenance of the Parking Lot but excluding the negligent or wrongful acts of the owner of Parcel 1 or the tenants. If the City cannot obtain such insurance at reasonable rates, it may self insure. Either the owner of Parcel 1 or its tenants must obtain similar insurance. (Section 17.) 18. Other F~torrmnff=. The Owner grants the City an easement over the parking areas on Parcel I for public parking and the City grants to the owner of Parcel I vehicular and pedestrian access easements to Parcel I over the Parking Lot. (Section 18. ) 19. City AdmowkrlO~t of P~,rkjng R-qrlJ ,t,*emenJ Mndifi,--tiom. In Section 19. of the Agreement, the City waives the parking requirements for Parcel I and agrees that whether Parcel 1 contains the Stampede or any other use, the public parking on the Parking Lot is sufficient to meet Parcel l's parking requirements under the Ternecula Development Code and the Old Town Specific Plan. The City also agrees that in approving future developments on Parcel 1 it will not impose parking space requirements and will not deny the project on parking grounds. 20. Proper~ T-xes. The Agreement provides that the City shall pay all taxes assessed against the Parking Lot, provided that if a possessory interest tax is assessed against the owner of Parcel I for its interest in the Parking Lot, then the owners of Parcel I shall pay the possessoW interest tax. (Section 20.) The Purchase Agreement is in the standard form which the City and the Redevelopment Agency have used for the past three years. It provides for a purchase pdce of $600,000 and allows the City to review and approve exceptions to title and conduct soils testing and other investigation on the Parking Lot property. This Purchase Agreement also provides that the current owners of the Property warrant to the City that the property is free of hazardous or toxic substances and that the current owners will indemnify the City for remediation costs and damages if hazardous or toxic substances are later found on the Property. The Purchase Agreement further provides that Escrow must dose on or before May 15, 1999 in order to accommodate the concems of the Seller with its tenants. R:reodMmrtpode Igffnnt 3