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HomeMy WebLinkAbout02802 - WELWOOD MURRAY LIBRARY BOARD OF TRUSTEES Library Board of Trustees - Reversionary Rights to Welwood Murray Memorial Library AGREEMENT #2802 - CRA #227 WELWOOD M[JRRAY MEMORIAL LIBRARY R16977, R667, 12-19-89 COOPERATION AGREEMENT This Cooperation Agreement is made and entered into by and between the City of Palm Springs (the "City" ) , a municipal corporation, the Library Board of the City of Palm Springs (the "Library Board" ) and the Community Redevelopment Agency of the City of Palm Springs (the "Agency" ) , a public body, corporate and politic; and, involves the real property commonly known as the Welwood Murray Memorial Library ("Library ]Property" ) . WHEREAS, title to the Library Property was obtained by City pursuant to certain deeds of gift from George W. Murray, May D. Murray and Cornelia B. White; and, WHEREAS, the aforementioned deeds of gift restrict the use of said Library Property and provide for the reversion of title to the Murray and White heirs in the event of breach of such restrictions ; and, WHEREAS certain ;judicial and appellate interpretations, orders, and opinions regarding such use restrictions have been made in the litigation entitled Save the Welwood Murray Memorial Library Committee. etc . vs . City Cou.ncil of the City of Palm Springs , et al. ; and, WHEREAS , City, Agency and Library Board intend to abide by and adhere to said judicial and appellate rulings; and, WHEREAS, it is a fact that over the past years , the general trend usage by the public of the Library Property has diminished while usage of the Main Library Center has increased; and, WHEREAS, City, Agency and Library Board seek to enhance and increase usage of the Library Property primarily for library purposes and further find that such goal can be most expeditiously and economically achieved through a Cooperation Agreement and implementation of the Redevelopment Plan for the Palm Springs Central Business District Redevelopment Project Area; and, WHEREAS, City, Agency and Library Board recognize and acknowledge that substantial expenditures must be made to remodel, improve, restore and rehabilitate the structures and grounds of the Library Property in order to enhance and increase usage of the Library Property primarily for library purposes, to reestablish said structures and grounds as a source of civic pride and to attain compatibility with the overall goal of improving the Palm Springs Central Business District; and, WHEREAS, it is in the public interest that said substantial expenditures be secured through vesting the whole, entire fee simple title, free of reversionary interests , in the Library Board. following:This Cooperation Agreement is made with respect to the A. The Redevelopment Plan for the Palm Springs Central Business District Redevelopment: Project Area (the "Redevelopment Plan") was approved and adopted by the City Council of the City by Ordinance No. 952 on July 11, 1973 . B. In adopting the Redevelopment Plan, the City Council pledged its cooperation in helping to carry out the Redevelopment Plan and requested that various officials , departments, boards and agencies of City having administrative responsibilities likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the Redevelopment Plan, and further declared its readiness to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan. C. The City currently holds title to the Library Property and the Library Board is trustee for said Library Property, its related structures and appurtenances . D. In order to effectuate and implement the Redevelopment Plan, the Agency has filed eminent domain actions in the Superior Court of the County of Riverside! to condemn the reversionary interests in the Property. The Agency' s exercise of its eminent domain power is for the purpose of the elimination of blight and redevelopment purposes in the implementation of the Redevelopment Plan through the appropriate consolidation of ownership of land as declared under the Community Redevelopment Law. Said eminent domain actions were approved by the City, Agency and the Library Board. NOW, THEREFORE, in consideration of the foregoing, and to cooperate in the implementation of the Redevelopment Plan, City, Library Board and Agency agree as follows : 1. City and Agency agree to convey all interests, including reversionary interests, in the Library Property to the Library Board. Any such conveyance and transfer to Library Board shall be by deed or other instrument as necessary. Title to the Library Property shall be in a condition sufficient to vest in Library Board the full fee title. 9 ch`] conveyance to Library Board shall consider an offset or L� reimbursement to Agency in the amount of Agency' s actual � , Costs to pursue the condemnation of the reversionary ,i�' 2. e • • ' - interests in the: Library Property. However, in no case shall the total :reimbursement to the Agency or City exceed $50 , 000 and any such amount will not be reimbursed to the Agency unless and until the Library Board acts to relinquish title to the property at some future date. 2. The City Council agrees to cooperate in carrying out the Redevelopment Plan and to request the various officials, departments, boards and agencies of the City having administrative responsibilities in the Property to cooperate to such end and exercise their respective functions and powers in the manner consistent with existing ordinances, policies and statutes and to consider and take appropriate actions upon proposals and measures designed to effectuate the conveyance and transfer referred to herein. 3 . City, Agency and Library Board agree to cooperate with each other in the maintenance, improvement and remodeling of the Library Property structures in order to enhance the efficient and economic use of said structures for library purposes . 4. City, Agency and Library Board agree to cooperate with each other to the fullest extent reasonable and feasible to fulfill and implement the terms and conditions of this Agreement. City, Agency and Library Board specifically find and determine as follows: 1. The aforementioned goals can best be achieved by the acquisition of ;said reversionary rights through the implementation of the aforementioned Redevelopment Plan and by entering into this Cooperation Agreement; 2. The acquisition of the aforementioned reversionary interests is in the best interest of the City of Palm Springs and its citizens ; 3 . 3 . The public investment in the original construction, maintenance, remodeling and improvement of the Library Property structures and grounds will be best secured through the acquisition of said reversionary interests . ATTEST: CITY OF PALM SPRINGS By B L,IUOITH SUMICH CITY CLERK r,-NOWvW1 P. i-QP4- 6+lY PAi�;9�fcB"�� Title LIBRARY BOARD OF THE CITY OF PALM SPRINGS , By 2t%st✓ �i' Title ATTEST: REDEVELOPMENT AGENCY gr - OF THE CITY OF PALM SPRINGS n,%t. .SaGoelary By Title APPROVED AS TO FORM: AGENCY GENERAL COUNSEL By _ F1PR0NED BY I1I[y CITY COUNCIL -Q?0 z 120. / i�/� 4 .