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HomeMy WebLinkAbout11/10/1992, C-5 - CAPITAL IMPROVEMENT PLAN PROJECTS II�H�� IIIUIII�IIIIII�IUII� T .� MEETING DATE: III�1°u�l u city/ o y sar. �s oB�spo 8-/ 0, - COUNCIL AGENDA REPORT ITEM NUMBER: /J FROM: Wayne Peterson Prepared by: Keith Opalewski Acting Publicks Director Parking Manager SUBJECT: Capital Improvement Plan Projects CAO RECOMMENDATION: 1. By motion, cancel the CIP project for parking garage video surveillance system and reappropriate the funds ($25; 000) to the SLO Medical Clinic parking lot project. 2 . By motion, approve CIP project for SLO Medical Clinic parking lot reconstruction. BACKGROUND: In order to improve the driveway access to the Marsh Street Parking Structure, the City agreed to purchase a small parcel of land (approximately 133 sq. ft. detailed on Exhibit A) from the adjoining SLO Medical Clinic parking lot to allow easy entrance into the facility. The terms of sale were spelled out in an agreement approved by the City Council. The executed agreement stipulated that the City and SLO Medical Clinic preferred to avoid eminent domain proceedings and, in exchange for ownership of the parcel of land, the City would make specific improvements in the SLO Medical Clinic parking lot (Exhibit B) in lieu of any cash payment. This included paving and restriping the lot, adding some landscaping, moving the driveway cut on Pacific Street, and reversing the traffic flow so vehicles entered from Marsh and exited onto Pacific Street. The lot improvement project, and subsequent transfer of ownership to the City, has been delayed for several reasons. Although the agreement was executed in December of 1988 , initially the improvements did not take place because of the construction of the Marsh Structure. Furthermore, since the structure opened in November 1990, the rainy season was not a good time to complete this type of construction project. In addition, SLO Medical Clinic also entertained other possible uses for their parking lot, which caused further delays for the project to be completed. At one point, John French was interested in the parking lot as part of his French Pavilion project. . It was also considered as part of an expansion project for the Marsh Street Parking Structure. In the last several months Copelands has also expressed interest in the lot for use by its employees for their upcoming retail center. To date, there are no new options for the existing parking lot and the City and SLO Medical Clinic are looking to complete the terms of the agreement and purchase of the parcel of land by the City. C.ts' ����ini�ilVllllllllll1 111 city of San V ; osispo COUNCIL AGENDA REPORT Council Agenda Report Page two DISCUSSION: It is important to the ongoing operations of the Marsh Street Structure that we formalize ownership of the access parcel. Failure to obtain the parcel would leave the drive access vulnerable to some future development which could impair vehicular access at the parking structure. FISCAL IMPACT: Because the lot improvements have been postponed for some time, no funds have been budgeted for this project. However, funds are available in the CIP account for another Marsh Street Structure project. At the time of the opening of the Marsh Structure in November 1990, we were experiencing a high level of vandalism and theft of City property (signs, fire extinguisher, etc. ) . As a result, $25, 000 was set aside in the 92-93 CIP fund (Exhibit C) for procurement of a video camera surveillance system for Marsh Street. During the summer an RFP process for the project resulted in no responses because of broad specifications and a limited budget. The budget for the camera system would only fund a limited system which would not give the necessary assurances that the problem would be resolved. Furthermore, the level of incidents has diminished in the last several months. This is without graveyard security guards on Thursday, Friday, and Saturday nights since July 1 of this year. Given that less than $3 , 000 in time and materials has been spent on vandalism and theft since November 1990, and the i available funds could only purchase a limited camera system, expending $25, 000 on cameras would be costly insurance for a potentially ineffective system. Therefore, staff would recommend using the camera CIP money to complete the parking lot improvement project. The estimate for the f parking lot is $15-18, 000. Utilizing the CIP funds in this manner. allows the parking lot project to be completed without additional funds being allocated. Any surplus CIP funds would revert to the parking fund at the end of the 3-year CIP time line. ALTERNATIVES: 1. Request Clinic to allow project to be extended to future date. 2 . Allocate additional funds for lot project and allow the video project to also proceed. Since the project has already been postponed for some time, any further extension of the project would not be in the best interest of either party. In fact, the longer it takes to complete the project, the more potential for new options to arise to further perpetuate this project from being finalized. uilni►iIiIIIIIIIIIJp� IIIIIII city Of san '� u s OBISPO COUNCIL AGENDA RE�RT Council Agenda Report Page three Approving additional monies for the lot project would allow the camera monies to be available. However, since we cannot do a good job within the approved budget, and the benefits do not appear to compare to the costs, and the problems have diminished, it would be recommended to use the available camera CIP funds and not increase the CIP budget at this time. Exhibit A: Map of access parcel Exhibit B: Agreement with Clinic Exhibit C: CIP request for camera system Exhibit D: Confirmation letter from Med. Clinic's attorney i i i i I I I I j I i C'-5-3 �;�� • o� / GRs co Sq � MoVE Ho 66Y - 57-6RE , 11.IT: , - , •.J! .. rte.. Srli3vEc � •::_• —LR�OSC'fFP! l.l� 24 SPACES ftL RVERAGES�ZE R R Q� 8.30 ' x �}AD l��t,C� �• �" R PAVE A�vo ►!,SIE �— RE.5n, , a R - � PRRKrNG LdT - WRLK �' A movE FdWER POLE R t rt � A jq . Exhibit A _OC.No.19Oil 3 ' OFFICIAL RECORDS �!✓ SAN LUIS OBISPO CO.,CA MAR 3 01989 FRANCIS M.COONEY County Clerk-Recorder —. TIME 9; 20AM RECORDING REQUESTED BY: and when recorded return 'P to: City Clerk City of San Luis Obispo, P.O. Box 8100 San Luis Obispo, CA RESOLUTION NO. 6558(1988 Series) 97407 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVIM AN AG'REEMEW' BErdM THE CITY AND CLINIC PROPERTIES FOR REDEVELOPMENT OF A PARKII.IG LUT AND AOeU MON OF REAL pnopEny BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A•' and incorporated herein by reference, between the City of San Luis Obispo and Clinic Properties, for redevelopment of a parking lot and acquisition of real property is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Clinic Properties and City.Parking Program Coordinator as set forth in the agreement. On motion of _Councilwoman Rappa , seconded by Cnuncilwomnn PiuorO' and on the following roll call vote: AYES: Councilwomen Pinard and Kappa, and Mayor Ounin NOES: Councilman Jerry Reiss ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 20t1, day of December , 1988. NAYO�N N - - `L�•� ATTEST:- r ' A4 V GES. CITY C :RR SV . RECEIVEOr AP' 4 1909 (� 75- [ .•. CITME w VOL 3200�RGC f t-U SHIN Iu.l C. .-0 CA Exhibit B � I PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS To: Ticor Title Insurance Company 1212 Marsh Street San Luis Obispo, CA 93401 Attention: Rod Zivkovich, Escrow Officer Re: Escrow No. THIS PURCHASE AGREEMENT ("Agreement") is made and entered into this 20th day of December , 1988 , by and between clinic Properties j"Sellers") and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ("Buyer") , jointly referred to hereinafter as the "parties" , who, as part of. their agreement, direct the following escrow instructions to Ticor Title Insurance Company, hereinafter referred to as "Escrow Holder" , which, by its acceptance hereof, agrees to be bound by the terms and conditions set forth herein. RECITALS WHEREAS, Sellers are the owners of that certain parcel of real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, Assessor's Parcel No. 03-527-7 , consisting of a portion of Lot 9, Block 100 of Mission Vineyard Tract, commonly known as 870 Pacific Street, San Luis Obispo, CA, and more fully described in Exhibit "1" attached hereto, and incorporated herein by this reference (the "Parent Property") ; and WHEREAS, Buyer desires to acquire a portion of the northwesterly corner of . the Parent Property consisting of approximately 133 plus or minus square feet bordering on property at 871 Marsh Street, plus improvements thereon, in the City of San Luis Obispo, as shown on that certain improvement plan and legal description attached hereto as Exhibit "1" and 11211 , and vOL 32.`it ►Pars 7.59 incorporated herein by this reference (the "Property") , for purposes of improving access to the Marsh Street Parking Structure at 871 Marsh Street. WHEREAS, Buyer desires to compensate Sellers for the Property and for any damage to their remaining property or improvements thereon as a result of such acquisition or improved access to the structure; and WHEREAS, 4Buyer and Sellers prefer to avoid the expense and delay of eminent domain proceedings and to provide .for the transfer of Sellers' right, title and interest in the Property and improvements thereon to Buyer for and on the conditions set forth in this Agreement; and WHEREAS, Buyer and Sellers have agreed that Sellers, and Sellers' lessees, agents, servants, employees, contractors, and invitees shall have the exclusive right to use the Parent Property for ingress and egress to the surface parking lot at 870. Pacific except when the lot is being resurfaced and restriped. AGREEMENT NOW, THEREFORE, in consideration of the mutual respective covenants, conditions, and promises set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: 1. Purchase and Sale. Sellers agree to sell to Buyer, and Buyer agrees to purchase from Sellers, the Property upon the terms and conditions herein set forth. 2 . Terms of Sale. In exchange for ownership of the Property, the Buyer agrees to do the following: " „�, rigan-- �mn a. Resurface the existing parking lot at 870 Pacific Street with a one-inch layer of asphalt, restripe the lot for 24 parking stalls and relocate curb stops as shown on Exhibit 2 to the approval of the City Engineer. b. Plant drought-resistent groundcover and one street tree in landscape planters adjacent to 870 Pacific Street and install fence and low maintenance vines between the trees on northwesterly property ,line adjacent to city surface parking lot shown on Exhibit 2 to the approval of the City Arborist. Newly planted areas shall be watered and maintained in good health by the Buyer for six months after planting. Thereafter, Sellers shall be responsible for landscape maintenance. Buyers shall be responsible for maintaining fence. Areas immediately adjacent to existing native trees (shaded areas by trees on Exhibit 2) shall remain unpaved to permit root growth of trees. c. Buyer shall relocate driveway ramp to Pacific Street and power pole as shown on Exhibit 2. 3 . Satisfaction of Buver's Obligations. Prior to "Close of Escrow" as defined below, Buyer shall comply with the Terms of Sale of the Property by completing the improvements indicated in conditions 2a, 2b, and 2c. 4 . Conditions of Title Sellers shall convey fee simple absolute title to the Property to Buyer by grant deed which grant deed shall be fully executed and acknowledged and deposited by Sellers into escrow prior to the close thereof, without reservations and subject only to the following conditions of title %"Conditions of Title") : VOL 3290PAGE 760 i a. A lien to secure payment of real estate taxes, not delinquent; b. Matters affecting the Conditions of Title created by, or with the written consent of Buyer; With respect to any encumbrances securing obligations relative to the Property, including, but not limited to, -deeds of trust, Sellers covenant that they will cause the removal of all said encumbrances by the Close of Escrow (as defined below) . 5. Sellers shall cause Escrow Holder to prepare and deliver to Buyer within ten (10) days after the opening of escrow hereof a preliminary title report pertaining to the Property accompanied by copies of all recorded documents relating to any "exceptions to title" reflected therein. Buyer shall have ten (10) days after its receipt of the preliminary title report and related documents to deliver to Sellers in writing any reasonable objections to the Condition of Title as set forth therein. a. In the event Buyer notifies Sellers of any such objections, Sellers shall have fifteen (15) days after such notification to satisfy Buyer's objections. b. In the event Buyer does not notify Sellers of any such objections, Buyer shall be deemed to have approved the Condition of Title as set forth in the Preliminary Title Report. Title shall be evidenced by the willingness of the Escrow Holder at Close of Escrow to issue its C.L.T.A. owners form policy of title insurance for the appraised value of Property as of August 1, 1988 showing title to the Property vested in Buyer, subject only to the Conditions of Title. If Escrow Holder (as va L's 9 32,qnP.... 7F1 defined below) is unwilling to issue such insurance policy, or if Sellers have not removed any exceptions disapproved by Buyer prior to the Close of Escrow (as defined below) , at Buyer's option and in addition to any other remedies available to Buyer, the escrow shall terminate, the Escrow Holder shall return to Buyer any sums which have been deposited into Escrow by Buyer, and Sellers shall bear the costs of escrow. 6. Escrow. a. OOneninQ of ' Escrow. Within 10 days of execution of this Agreement, the parties shall open an escrow account with Ticor Title Insurance ("Escrow Holder") , or other title insurance company mutually agreed to by the parties in writing, at an office in the City of San Luis Obispo, California, for the consummation of this transaction. b. Close of Escrow. For the purposes of this Agreement, the "Close of Escrow" shall be defined asthe date that the Grant Deed conveying the Property to Buyer is recorded in the official records of the County of San Luis Obispo. The parties agree to use their- best efforts to effect the Close of Escrow. The parties shall be in a position to close prior to the completion of i construction of the Marsh Street Parking Structure or June 1990, whichever comes first. In the event that this escrow fails to close by the Closing Date (or as extended by the mutual written agreement of the parties delivered to Escrow Holder prior to the Closing Date) by reason of any defaults hereunder, the defaulting party shall bear all costs and expenses of escrow. Time is of the _ssence in this agreement. in, .vq ORrr R9 7. Costs and Expenses. The cost and expense of the title insurance policy to be issued in favor of the Buyer pursuant to paragraph 5 hereof, shall be paid by Buyer. Except as otherwise specifically provided herein, the escrow fee of Escrow Holder shall be paid by Buyer. Buyer shall pay all documentary transfer taxes payable in the recordation of the Grant Deed and any other documents which the parties may mutually direct to be recorded in the official records. Buyer shall pay the Escrow* Holder's customary charges to Buyer and Sellers for document drafting, recording, and miscellaneous charges. Real property taxes and rents, if any, for the Property shall be prorated as of the Close of Escrow. S . Disbursements and other actions by Escrow Holder. Upon the Close of Escrow, the Escrow Holder shall promptly cause the Grant Deed and any other documents, which the parties hereto may mutually direct, to be recorded in the official records. 9. Waiver of Relocation Expenses. Sellers are aware that if they are occupying the Property at the Close of Escrow, they may be entitled to recover from Buyer, Sellers' expenses incurred in relocating their business and personal property to a new location. Sellers hereby represent that they will not be relocating any business or personal property as a result of this transaction. Sellers hereby waive any and all rights they now have or may have in the future, to relocation expenses or benefits to which they may be entitled as a result of moving from the property as a result of this transaction. Sellers hereby waive any and all rights they now have or may have in the future, to relocation expenses or benefits to which they may be entitled as a result of moving from the property as a result of this transaction. �s�r 10. Default. Sellers agree that if the within sale is not completed as herein provided through no fault of Buyer, Buyer, at its option shall be entitled, in addition to any other remedy now or hereafter available to Buyer under the laws or judicial decisions of the State of California, to compel Sellers to perform their obligations under this Agreement by means of a specific performance proceeding or Buyer may terminate this Agreement and shall be entitled to recover from Sellers any amounts which Buyer incurred or became liable for in connection with this transaction including costs and expenses of Escrow otherwise to be paid by Buyer. 11. Notices. All notices or other communication required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: Sellers: Clinic Properties 1235 Osos Street San Luis -Obispo, CA 93401 Buyer: City Attorney City of San Luis Obispo 990 Palm Street P. O. Box 8100 San Luis Obispo, CA 93403-8100 vo, 320p4cE IR4 r (2) There are no actions, suits legal proceedin materials s , claims, g or any other proceedin s � or any portion thereof at g affecting the Property law or in e Y governmental agency, 4ui.ty before any Court or domestic or foreign; (3) Sellers have not received any notices from governmental authorities Pertaining to violations governmental re ' gulations of law or with respect to the Prope know of any which rty, and does notmay have been received by their predece interest; ssors in (4) Sellers have no knowledge of any pending or threatened proceeding in eminent domain or otherwise b entity other than Bu Y any public yer, which would affect the portion thereof Property, or any nor do Sellers know the existence of any facts hich might give rise to such action or proceedings; (5) There are no leases occupancies, or tenancies in `fect pertaining to the Property that will ose of escrow, continue beyond the (6) There are no liens or encumbrances on or claims to covenants, conditions and restrictions, easements, right of wa ' jhts of first refusal Y, , options to purchase, or other matters ecting the Property except the Conditions of Title and any hts conferred to Buyer by this Agreement; (7) Sellers are not aware of an I y material adverse fact condition relating to the Propert y, or any portion thereof, :h has not been specifically disclosed in writing by Sellers r' to Cj5-/3 • I Votice shall be deemedI given as of the time of personal delivery or forty-eight (48) hours following deposit in mail . Notice of change of address hall be the United States given by written notice in the manner detailed in this paragraph. 12. Briers. Sellers represent and warrant to ! represents and warrants to Sellers, Buyer, and Buyer that no broker or finder has been engaged by them or it respectively, in connection w the transactions contemplated by this Agreith any of ement, or to their knowledge is in any way connected with any of such transactions. In the event of any such additional claims for brokers, or finders fees for consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Sellers from and against such claims if they shall be based upon any Y statement or representation �- agreement by Buyer, or its agents,g , Servants, or employees, and Sellers shall indemnify, save harmless and defend Buyer claims shall be based Y if such upon any statement, representation, or agreement made by Sellers, their agents servants or employees. 13 . Sellers Re resentations and war anties. a• In addition to any express agreements of Sellers ontained herein, the following constitute representations and arranties of Sellers which shall be true and correct as of the lose of Escrow (and the truth and accurac institute Y Of which shall a condition to the Close of Escrow) : (1) Sellers have the full right, power, and authority enter into this Agreement; (8) Sellers have the legal power, right and authority to enter into this Agreement, and to consummate the transaction contemplated hereby; (9) There are no fixtures on the Property in which anyone other than Sellers has any claim, rights, or security or other interest; (10) There are no service or maintenance contracts, management agreements or any other agreements which will affect Buyer or the Property subsequent to the Close of Escrow; (11) There are no encroachments onto the Property of improvements located on any adjoining property nor do any improvements located on the Property encroach onto any other adjoining property; (12) There are no prescriptive or other easements affecting the Property; (13) There have been no underground storage tanks installed on the Property after November 12 , 1958, the date Property was acquired by Sellers, and Sellers have no knowledge of any earlier installation of any such tanks; (14) In the event contamination or hazardous waste is discovered on the property, Buyer shall recover from Sellers an amount equal to the reduction in value of the property reflected by such condition(s) . b. In the event that, during the period between the execution of this Agreement, and the Close of Escrow, Sellers have actual knowledge of, learn of, or have a reason to believe that any r),-)n n of the above representations or warranties may cease to be true, Sellers hereby covenant to immediately give notice to Buyer of the change in circumstances. Upon Sellers notifying Buyer of the change in circumstances, Buyer may, at its sole option, terminate this Agreement and herewith shall be immediately returned. Further, in the event Buyer so elects to terminate, Buyer shall pay all Escrow costs, if any, incurred by both parties herein under this Agreement without further obligation to Buyer or Sellers. 14 . Buyer's Right to Enter Prior to Close of Escrow. Sellers agree that Buyer and its officers, agents, employees and contractors shall have the right to enter into and upon the Property prior to the Close of Escrow for the purpose of making inspections, surveys, engineering, soils and geological tests, including test borings and soundings, and other studies as Buyer deems necessary or desirable for the improvement of the entry to the Marsh Street Parking Structure, except that Buyer shall not totally obstruct the ingress and egress of Sellers, their lessees, servants, employees, and invitees thereof except as required to perform work indicated in Sections 2 and 3 . 15. Sellers' Right to Cross After Close of Escrow. Subsequent to Close of Escrow Buyer agrees to allow Sellers the non-exclusive use of the Property as would be permitted to the general public. Buyer agrees to maintain a driveway ramp adjacent to Property at 883 Marsh Street and to allow Sellers to use this and the paved entry to the Marsh Street Parking Structure to access the Parent Property provided owners of Property at 883 Marsh Street also agree co permit such access. This permission is granted as long as the v. �� ^ �mpE[C 7RQ i adjacent property at 871 Marsh Street is needed as the entry to the Marsh Street Parking Structure. If this condition changes, permission is revocable upon 90 days written notice. 16. Attorney's Fees. Should either of the parties to this Agreement bring any action or proceeding to construe or enforce the terms, conditions or covenants contained in this Agreement, or the validity thereof; then the party prevailing in such action or proceeding shall be entitled to recover all court costs and reasonable attorney's fees, to be fixed by the court and taxed as part of the judgment therein. 17. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the successors, heirs, and assigns of the parties hereto. 18 . Required Action of Buyer and Sellers. Buyer and Sellers agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the time Close of Escrow in accordance with the provisions hereof. 19 . Entire Agreement. This Agreement contains the entire agreement between the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. 20. California Law. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. VOL 3290P.u7R9 21. Waivers. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 22 . Caption. The captions, paragraph and subparagraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of intent of such paragraph of this Agreement, nor in any way affect this Agreement. 23 . Representation by Counsel . Both parties are represented by an attorney in this transaction. The parties agree that each party and counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. r SP1 1 P.rG: 1 ;.`�z.._ ;:'v✓ t.: n i f( � i W SAFECO TITLE INSURANCE m CL STATE OF CALIFORNIA y ' SS. COUNTY OF �y �/is oGiSPc On this the 3 Po day of/624"Lv"40" 194?e ,before me,the undersigned,a Notary Public in and for said State,personallyappeared _ ------ ---- --- - --- ---- __STEv_Ery -.--------------- -_ _ personally known to me or proved to me on the basis of satisfactory evidence to be the person--who FOR NOTARY SEAL OR STAMP 1 executed the within instrument asof partners of the partnership that executed the within instrument,and acknowledged to me that such partnership executed the same. THOMAS J. SHER.iAN WITNESS my hand and official seal. NOTARY PUEL!: SAN LUIS OOISPC COU;JTY ra CALIFG"i:':!Jr, m SignatUCommission Expires on June 2.1989 /Q VOL 3290 PAGE 171 770 � DRrU�r�y LRw'S Ho P BY STORE 24 SPACES �o ��- R« �RVERAG��SlZE Q� 8.30 ' x P.00 F�itK� I AND ✓SNE 1-- REST�rPE �} PR 2KI N LdT R- R movE P6WER POLE � A Iq ° V. s:. P�HuT THEE AID 6 8`�O ��'C/F/G rSTi�EE.T V0L 329nPAF.F 77`) Recording'requested by and VA-EN RECORDED MAIL TO: 'I City Clerk P. 0. Box 8LOO San Luis Obispo, CA 93403-8100 SPACE ABOVE TN-S LINE SON RECOAOEM'$ Use MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX 5................_....................._ / ......Competed on She canted...film or.Slee of orooe•ly cantered:OR ......COSTIM1e0 on The eomideniion or.pue Int I.em ar ermembrance. remaining at time of Sale. Sbnnure or osiw•a e.�o.�i e::.:nawi:a..:='i i.n-v.:;.i_�. CORPORATION GRANT DEED APN 03-527-7 FOR A VALUABLE CONSIDERATION, receipt of which it hereby acknowledged, a corporation or£anized under the laws of the Slate of California tloes hereby GRANTto The City of San Luis Obispo, a chartered municipal corporation 1 the real properly in the City of San Luis Obispo County of San Luis Obispo State of California, described as 'Chat portion of Lot 9 Block 100 of Mission Vineyard Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California as per map thereof recorded in Book A, page 143 of Record of Surveys, in the Office of the County Recorder or said County, described as follows: Beginning at the northwest corner of said lot; [hence North 53007' East along the -.herly line of said lot a distance of 10.00 feet co a point; thence South 36053' parallel to the westerly line of said lot a distance of 9.11 feet to a point; ...once South 13007'00" West a distance of 13.05 feet., more or less, to the westerly line of said lot; thence North 36053' West a distance of 17.50 feet, more or less, to the Poinc of Beginning. I Dated ---' '-'----_. . ----=—'------ I. STATE O:CALIFORNIA I COUNTY OF I u. By _ —_— President / On before me, the undetigned, a Notary Public in and flat said ' Slate, berapnally appeared By – Secretary ena..n to me to be the P.widerll.aro knew..tome to be the Smntan,of the corlaoration the, e.Muted She within Innrumer 1. and knamn to me So be me omen.. wnla uecuted In.wimin imwmenl an behalf of the eerpormion lhere,n mmed,and wknowfed9ed to me in" Such[.omnia..e.ec.,ea the w.thin ImlNmenl WNaant to n1 ny-lew,ITS a/R01V4ian of in board of di.SlMe. WITNESS my hares and offie.Y ter. Vz f , Sipnamre _. 1Tha Saw,ar oNab,rourbl run MAIL TAX STATEMENTS AS DIRECTED ABOVE 11e.110/691 S �V nF: nOrt IMENT VOL 3290 PAGE 773 Resolution No. 6558 3 Series) Page Two Zity - Adnistrat.ive Officer City Attor ey Public Works Di or Finance a or CH/resolu4 C's a VOL 3290PAGE 757 1991-93 Financial Pipe Request CAPITAL IMPROVE]. .JT PLAN PROGRAM: Parking REQUEST TITLE Parking Garage Video Surveillance Systems Project Description Install video surveillance systems in the Marsh Street parking garage at a cost of $25,000 in 1992/93. Project Objectives ■ Reduce vandalism ■ Protect parking patrons Existing Situation Since its opening in November 1990, the Marsh Street garage has been plagued with continual vandalism of th building and harassment of the garage patrons To a lesser degree the Palm Street garage has suffered simila problems since its opening. The city has hired security guards to successfully control these problems on Thursdal Friday and Saturday nights. This additional security costs 520,000 each year. Goal and Policy Links ■ Adopted parking-program goal: adequate, safe and attractiv parking for visitors, customers and employees in th downtown Project Work Completed The parking staff has discussed these security problems with other cities and learned that video surveillance seem to be a cost-effective solution. The staff has also discussed preliminary designs and cost estimates with dealers. Schedule and Project Costs Prior Projec Budeet(s) 1991/92 1992/93 1993/94 1994/95 Tota Phasing Design by staff Construction 25.000 25.Oa Total 25,000 25,001 Recommended Funding Sources Parking Fund 25.000 25.00( Total 25,000 25,00( Public Art Policy This project should be exempt from public art requirements because it is essentially an equipment procurement. Alternatives N Defer the project. Delaying the equipment installation would subject the building to continued vandalism anc the public to continued harassment. ■ Hire additional security guards. This option might solve the problem but it would cost 525,000-535,000 annuall: for full security six nights a week. Exhibit C 54 video Suri "'ice SVstems continued Puking Garage — Project Effect on the operating Budgetif ul�g patro would reduce the cost of repairing property damage and might Prevent costly liability P This project services could be reduced by S12,000 each year. were injured. Also, the cost of contract secunry 1,«2tion Map/Schematic Drawing Not applicable 55 c-s-�3 WARREN A. SINSHEIMER III ,NSHEIMEK, SCHIEBELHUT & BAGGE ROBERT K SCHIEBELHUT A PROFESSIONAL CORPORATION STREET ADDRESS K. ROBIN BAGGETT MARTIN J. TANGEMAN ATTORNEYS AT LAW 1010 PEACH STREET THOMAS M. DUGGAN P05T OFFICE BOX 31 FACSIMILE MARTIN P. MOROSKI DAVID A. IUHNKE SAN LUIS OBISPO. CALIFORNIA 9340G-0031 805.541-2802 STEVEN J. ADAMSKJ WILLIAM P. CLARK 805.541-2800 M. SUZANNE FRYER DIANE W. MORC5K1 CYNTHIA CALDEIRA CLIENT Q127005 JALYNNE GILES JOHN W. BEL5HER ,r, 1p it l.•.. THOMAS D. GREEN CHRI5 N. BRUMFIELD October 9 1992 SUSAN 5. WAAG . n ROY E. OGDEN OCT 1 THOMAS 1. MADDEN III CHRIS A. CARR MARIA L. HUTKIN NINA NEGRANTI Wayne Peterson Acting Public Works Director City of San Luis Obispo 955 Morro Street San Luis Obispo, California 93401 Re: San Luis Medical Clinic Doctors' Lot Improvements Dear Mr. Peterson: This letter will confirm your commitment that the City intends to proceed with improvement of the "Doctors' Lot" owned by San Luis Medical Clinic on. Pacific Street, adjacent to your Parks and Recreation building. You informed me that the bid process will take approximately three months and that awarding of the contract would take another thirty days. Therefore you indicated we could expect to begin construction on the improvements to the parking lot pursuant to the plan previously submitted to the Clinic in approximately four months. You further indicated that doctors precluded from using the Lot during this construction period would be given passes to use the City parking structure. You also indicated that signs had been ordered by the City and would be installed shortly directing public away from entry through the Southern California Gas Company parking lot through the Doctors ' Lot. We appreciate your effort in this regard. Thank you for your cooperation in this matter. We look forward to the City's effort to complete the agreement entered into with the Clinic which allowed the City to open its successful parking structure. Sincerely, SINSHEIMER, SCHIEBELHUT & BAGGETT JOH�i W. BELSHER JWB:ehj t'/ 13 :Peter109.ltr cc: Douglas Weaver Exhibit D