HomeMy WebLinkAbout09/27/2002 B A K E R S F I E L D
David Couch, Chair
Sue Benham
Mike Maggard
Staff: John W. Stinson
SPECIAL MEETING NOTICE
URBAN DEVELOPMENT COMMITTEE
of the City Council - City of Bakersfield
Friday, September 27, 2002
12:00 noon
City Manager's Conference Room, Suite 201
Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA
AGENDA
1. ROLL CALL
2. ADOPT SEPTEMBER 9, 2002 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion and Committee recommendation regarding request from the
Greater Bakersfield Convention and Visitors Bureau to acquire a portion of
515 Truxtun Avenue to build a new Convention and Visitors Center/offices -
Tandy
5. ADJOURNMENT
S:~JOHN~Council Committees\Urban Dev2002~ud02special,doc
DRAFT
B'A K E R S F I E L D
~ ~ David Couch, Chair
Alan Tandy, City Manager Sue Benham
Staff: .John W. Stinson Mike Maggard
AGENDA SUMMARY REPORT
U~IBAN DEVELOPMENT COMMII'rEE MEETING
Monday, September 9, 2002, 1:00 p.m.
City Manager's Conference Room - City Hall
1. ROLL CALL
The meeting was called to order at 1:08 p.m.
Present: Councilmembers David Couch, Chair; Sue Benbam and Mike Maggard
2. ADOPT JULY 15, 2002 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. DEFERRED 'BUSINESS
A. Discussion and Committee recommendation regarding space needs and City
Hall expansion
Over the past few months, the Urban Development Committee has met several times to
study current and future space 'needs, alternative expansion plans, and viable options in
regard to financing.
City Manager Alan Tandy gave an overview of a memo he had sent out previously to the
Council, which included different alternatives considered by the Committee to date. Early
in the process there were discussions about a variety of very comprehensive long-term
alternatives for' City space. Some involved implementing ideas from the Downtown
Charrette and the Vision 2020 suggestion to build a new complex north of the County
Administration building. These alternatives are in the $100 to $110 million range and
while being optimal in terms of having a desirable, long-term structure, are very costly and
the annual impacts on the General Fund would be dramatic.
DRAFT
URBAN DEVELOPMENT COMMITTEE MEETING
Monday September 9, 2002
Page - 2 -
The Committee explored the potential for savings by relocating to Central Park where the
City would not have the costly land acquisition and temporary relocation costs while
building a new complex. This option was in the $50 to $60 million range. The positives
are that it represents a long-term solution, has the potential of spurring redevelopment
and connecting redevelopment to the core downtown. The negatives are moving away
frOm the current corporation line of governmental functions on Truxtun Avenue and it
would be very costly.
Another option the COmmittee requested staff to explore was a lower-cost option of
purchasing an existing building downtown and to analyze What term that would give for
growth and the cost. Staff focused on the Borton Petrini building as an example. This
space plan based on keeping the City's current facilities and purchasing an additional
buildi-ng would give all departments room for reasonable growth for a minimum of 10
years at a ballpark cost of $10 million.
At the last meeting, the Committee requested research on other possible buildings. In
response, staff developed criteria that could be used to evaluate existing buildings for
possible purchase:
Locati(~n is critical: 1,000 feet or no more than three city blocks from the current City
Hall. The closer it is the more convenient it is for the public to avoid having to travel all
over town to obtain services;
Availability is essential. If a building has tenants with long-term leases or it is not on the
market, it should not be considered;
Suitability for City offices. Subjectively analyze how much remodel is involved, would it
serve long-term, is the space appropriate for our needs and is the design correct for the
kind of functions we perform;
Parkin.q is critical. We have substantial numbers of employees and public that need to be
accommodated;
Cost is' obviously important. On the early scenarios, there will not be a final cost, but
analyze ballpark price to know if the building merits further consideration. If the Council
approves moving forward with more detailed discussions on purchasing a building, cost
would be a point of substantial study;
Size. With a minimum of a ten-year plan, nothing less than 40,000 square feet should be
considered;
Lonq-term possibilities beyond a 10-year plan: For future growth, is there anything that
would afford an opportunity to make this a 20 .or 30-year plan, such as a connecting
vacant lot, which could be used to build a second structure, or a second building nearby,
which could be purchased.
DRAFT
UFIBAN DEVELOPMENT COMMITTEE MEETING
· . Monday September 9, 2002
P~ge - 3 -
Staff looked at five buildings based on location. Using the criteria for evaluation, review
was based on how well the buildings adapted to the City's needs.
· ~ The Washington Mutual building is available, close, suitably designed and has
parking. It merits further consideration.
· The Borton, Petrini building is potentially available, close, suitably designed and has
parking. It merits further consideration.
· The Bank of America building is too large for our needs, not on the market and is fully
leased. Staff did not recommend further consideration.
· The Great Western has some merit, but the building is a considerable distance and
would need major change.s and remodel to fit the City's needs. Staff did not
recommend further consideration.
· The Haberfelde has merit, but the building does not have adequate parking and
would need significant remodel to fit the City's needs. Staff did not recommend
further consideration.
It was discussed this alternate plan to keep the City's current facilities and purchase an
additional building to meet the City's space needs is not as good as rebuilding new;
however, with cost in mind this approach is reasonable.
Committee Member Maggard stated he had received a hand-delivered memo on Friday
from CB Richard Ellis regarding an option on California Avenue, which is outside the
distance criteria.
City Manager Alan Tandy responded he also received .this proposal and others. Part of
the reason staff developed the criteria for evaluation was to give clarity to exactly the
City's needs.
Committee Member Benham expressed since the focus is now on the downtown close to
City Hall, and Central Park does not fit the criteria, she would like to formally take Central
Park off the table. The Committee unanimously agreed to remove Central Park from
further consideration because of the distance from City Hall and the cost of building a
new complex.
Committee Member Benham encouraged staff to continue to include the private
development community for their input on expansion plans. She would also like to
explore efforts that might include redevelopment potential on any decision that might be
made on a location. The Committee was in agreement.
DRAFT
URBAN DEVELOPMENT GOMMI'FrEE MEEIING
Monday September 9, 2002
Page - 4 -
Committee Member Benham recommended exploring open space possibilities when
making acquisition of a building. Part of the Charrette was to have downtown open
space, pocket parks with trees and water elements. The Committee unanimously agreed
if space allows, pocket parks with trees and water elements would enhance the look of
the downtown.
The Committee agreed among the five buildings discussed, the Washington Mutual and
Borton, Petrini buildings were the most suitable to the City's needs.
Staff recommended adopting the evaluation criteria to analyze suitability of possible
-13uildings and requested authorization for staff to proceed with more detailed discussions
with the owners of the Washington Mutual and Borton, Petrini buildings and to undertake
a serious study of purchasing an existing building to meet the City's space needs,
including negotiating on pricing issues, evaluation of remodeling costs, duration of
existing leases and how that fits with timing of the City moving in and other obligations
the City has over time.
The Committee unanimously approved staff's recommendation and forwarding a
recommendation to the City Council to authorize staff, using the evaluation criteria
outlined, to proceed with more detailed discussions and negotiations to further explore
purchasing an existing building.
With Council's approval to proceed and based on the additional research, staff will bring
a recommendation to the City Council on a comprehensive plan to meet the City's space
needs complete with financing options.
B. Discussion and Committee recommendation regarding removal of trees in
City right-of-ways (This item heard first)
At the Urban Development Committee meeting in July, the Committee requested staff to
prepare draft ordinance language, which would require commercial tree trimmers to
obtain a City permit to prune trees in public right-of-ways. A draft copy of the proposed
ordinance changes was included in the Committee packet as well as a memo regarding
"Contractor Annual Permits" from Parks and Recreation Director Stan Ford and Urban
Forester Paul Graham.
Assistant City Manager John Stinson gave a report on the proposal to require a permit to
perform commercial tree trimming work in public right-of-ways. Staff recommended an
annual permit, which would be administered by Parks and Recreation/Urban Forester.
Staff also ~recommended meeting with members of the tree trimming industryto discuss
the proposed ordinance change and other educational information relative to trees.
It was noted that the Tree Advisory Committee is nearing completion on their
recommendations and perhaps that information may be ready as well.
DRAFT
URBAN DEVELOPMENT COMMITTEE MEETING
Monday September 9, 2002
Page. - 5 -
The Committee unanimously approved the proposed language changes to the tree
ordinance, which would require an annual permit for commercial tree trimming in public
right-of-ways and also approved staff's sending out letters to tree trimmers/tree industry
· in order to have an educational meeting and receive their input. This item will return to
the Committee for their recommendation to the City Council.
5. NEW BUSINESS
A. Discussion and Committee recorfimendation regarding arterial/collector
(Brundage Lane)
The Council referred this proposed amendment to the·Circulation Element of the General
Plan to change the designation of Brundage Lane between Wible Road/Oak Street and
-the intersection of Brundage Lane and Union Avenue from "arterial" to "collector" to the
Urban Development Committee for further review and recommendation. The Planning
Commission recommended adoption of this amendment.
Staff explained an arterial road is a six-lane road with three lanes in-~ach direction with a
median island and is usually 110 feet wide. A collector road is a four-lane road with two
lanes in each direction, generally with a center painted for two-way left turn Pockets and
is usually 90 feet wide.
Public Works Director Raul Rojas explained this was a request from a business that
wants.to do an expansion on Brundage Lane. As it is designated an arterial, any new
building construction is required to develop with the setback for an arterial. When there
is an arterial designation, it is difficult to give up because the City will not be able to get
the arterial designation back once it is downgraded. If there is a future need to widen the
road, all the properties will have to be purchased. However, traffic models at the present
time do not justify arterial status because much of the area is completely built out.
However, if there is change and new businesses along this area would create additional
traffic, the traffic model would also change and there are other vacant properties along
this stretch that might be developed.
It was discussed as this was originally a collector and there are property owners who
have not put in these improvements and are built out, requiring new development to
setback for an arterial causes some properties to be notched out along the property line.
However, some property owners have already spent substantial amounts of money to
develop their properties with the setback for an arterial.
Planning Commissioner Ron Sprague spoke regarding the Planning Commission's
recommendation to adopt this amendment.
Mr. Clarence Cullimore spoke in support of keeping the current arterial designation.
URBAN DEVELOPMENT COMMITTEE MEETING
Monday September 9, 2002
Page - 6 -
The Committee discussed there are not sufficient reasons to downgreade from an arterial
to a collector and there is a need to keep the designation consistent. Stockdale Highway
west of Oak is an arterial. Brundage Lane (name changed going east from Oak) is also
designated an arterial road although it is not at standard as some properties were
developed to collector standards. The County has also designated Brundage as an
arterial road and some areas in the County have already been widened to arterial
standards. As new businesses have come in to the County, they are required to develop
to the arterial standard.
The Committee unanimously approved' forwarding a recommen_dation to the City Council
_to deny this proposed amendment to the Circulation Element of the General Plan to
change the designation of Brundage Lane between Oak Street and the intersection of
Brundage Lane and Union Avenue from ~arterial" to ~collector." Staff was requested to
include as background the reasoning to retain the artedal status for future widening and
consistency with past practices. This will be placed on the Agenda under General Plan
Hearings. This is a circulation element and, there/Ore, will not hold up the process. The
ComTnittee further requested staff to notify Councilmember Carson of this action, as this
is in Ward One.
6. COMMITTEE COMMENTS
Committee Member Benha~' requested staff to look into a concern on the 2600 through
.2800 block of 16~ Street. There is a large scale pipe storage/transport operation on the
south side of the street in direct proximity to the residents.
7. ADJOURNMENT
The meeting adjourned at 2:05 p.m.
Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney
Bart Thiltgen; Development Services Director Jack Hardisty; Public Works Director Raul Rojas;
Assistant Public Works Director Jack LaRochelle; Urban Forester Paul Graham; Real Property
Manager Don Anderson; Public Works Traffic Engineer Stephen Walker; and Public Works Engineer
Arnold Ramming
Others: Pauline Larwood, Smart Growth Coalition; Jimmy Yee, Yankee Communications; Joe
Colombo, Colombo Construction; Dane. Karcher, Tree Foundation; Ernest Rice, CTI; Annemarie
Braun, Yankee Communications; David Williams, Colliers; Ron Sprague, Planning Commission Chair;
Chuck Waide, CCAPE; and Denny Haynes, CCAPE; Clarence Cullimore; Tami Brown, KUZZ News;
and Percy Edmalino, The Bakersfield Californian
cc: Honorable Mayor and City Councilmembers
S:~JOHN~Council Committees\Urban Dev2002~ud02sep09summary.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calender
ITEM: 8.1.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD /x~/~
DATE: September 5, 2002 CITY ATT ORNERY ~.~/~-"~'-'-
CITY MANAGER
SUBJECT: Surplus Property
1. Resolution declaring real property, located at 515 Truxtun Avenue, surplus to
needs of the City.
'2. Agreement with the Greater Bakersfield Convention and Visitors Bureau to acquire
a portion of 515 Truxtun Avenue at no cost to build a new Convention and Visitors
.. Center and business offices. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
Currently the Greater Bakersfield Convention and Visitors Bureau (Bureau) leases office space at 1325"P"
Street from the City. This property happens to be within the project boundaries of the proposed Ice
Rink/Aquatics Center and needs to be vacated for the project. Further, the City of Bakersfield acknowledges
the importance of the activities carried out by the Bureau and desires to assist them in their goal of
constructing a new Visitor's Center to better serve the public. The City owns property located at 515 Truxtun
Avenue that will be becoming surplus when the Economic and Community Development moves to 900
Truxtun Avenue. The Bureau desires to acquire a portion of the surplus property to construct its' new
Visitor's Center and administrative building. To assist them the City will be donating the land and contributing
$150,000.of Transient Occupancy Tax to their project.
On September 19, 2002, the Bakersfield Planning Commission will be asked to find this transaction
consistent with the Metropolitan Bakersfield 2010 General Plan.
DMAJs
September 11,2002, 10:37am
P:~/lyFiles~dmin Reports\CVB admin.wpd
RESOLUTION NO.
A RESOLUTION DECLARING REAL PROPERTY .'
SURPLUS TO THE NEEDS OF THE CITY AND
AUTHORIZING THE FINANCE DIRECTOR TO
NEGOTIATE ITS SALE
WHEREAS, on July 21, 1986, the City acquired a fee ownership in 515 Truxtun
Avenue; and, .-
WHEREAS,'the Greater Bakersfield COnvention and Visitors Bureau has
requested the City donate a portio.n of this property described in Exhibit "A" and shown
on Exhibit 'B" attached hereto to construct its new Visitors Center and administrative
building.
WHEREAS, on September 19, 2002 the Planning Commission will be asked to
find the sale of this property to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code Section 65402.
WHEREAS, Bakersfield Municipal Code 3.20.125 authorizes the negotiated sale
of City property deemed to be "surplus".
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The foregoing findings and recitals are true, correct, and incorporated
herein.
2. Real Property located at 515 Truxtun Avenue is hereby declared surplus to
the City's needs and the Finance Director is authorized to negotiate its sale. The real
property is more fully described in Exhibits "A" and "B" attached hereto and incorporated
as though fully set for[h.
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting,thereof held on
September 18, 2002, by the following vote:
Ayes: Council Member
Noes: Council Member
Abstain: Council Member
Absent: Council Member
CITY CLERK AND EX OFFICIO of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN ·
City Attorney
ALAN D. DANIEL
Deputy City Attorney II
P:~City ' '
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Exhibit
Identification of"The Property~
Address: 515 Truxtun Avenue, Bakersfield, California
Assessor's Parcel Number: 006-141-01
Legal Description: All of Lots One (1), Two (2) and Three (3) and and the Easterly
Twenty-Six and one-half (26.5) feet of Lot. Four (4) in Block Seven (7) of the First
Subdivision of the Kruse Tract, in the City of Bakersfield, County of Kern, State of
California, as per Map recorded August 3, 1911, in Book 2, Page 30 of Maps, in the
Kern County Recorder's Office.
I E TRUXTUN AVENUE .
BUILDING
SETBACK · , ,
' ,, E~S~NG PARKING AREA ,
.o.~ Greater Bakersfield Bakersfield """'"'~
Convention & Visitors Bureau / Bli~ szs ~N A~NUF . .:
PRE~HINARY S~E P~N B~E~E~,
4,82[ SF / 230 = 2~ ~ng s~c~ 09/03/02
AGREEMENT NO.
CONTRACT REGARDING REAL PROPERTY
THIS AGREEMENT, entered into on ., by arid between
the CITY OF BAKERSFIELD, a California municipal corporation and charter c!ty, (herein
"CITY") and THE GREATER BAKERSFIELD CONVENTION AND vISITORS BUREAU,
a California corporation (herein "BUREAU").
RECITALS:
WHEREAS, the City of Bakersfield acknowledges the importance of the aCtivities
carried out by the Bakersfield Conventic~A and Visitors Bureau, and;
WHEREAS, the City benefits financially from the Bureau's activities, and;
and; 'WHEREAS, the City i's acquiring' properties for a proposed Aqua/Ice Rink facility,
· · WHEREAS, the Bureau is currently leasing office space at 1325 "P" Street that is
(ii'.~ ...i within the project boundaries which needs to be acquired for the project, 'and;
WHEREAS, the City has certain real property at 515 Truxtun Avenue .'.hat will be
becoming surplus to the City's needs, and;
WHEREAS, Bureau desires to acquire a portion of the surplus property to construct
a new building to enhance its operations, and;
WHEREAS, CITY has declared The Property as surplus to the needs of the City of
Bakersfield and authorized its sale; and
WHEREAS, it is the intent of the parties to set forth all the ~ovedants and conditions
for the sale by CITY and the purchase by BUREAU of The P~operty.
NOW, THEREFORE, incorporating the above recitals herein, CITY and BUREAU
.. mutually agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. CITY agrees to sell and
.... BUREAU agrees to purchase The Property in accordance with all of the covenants and
conditions set forth in this Agreement.
Cont~ctTo,S ollRealProperty
· CV~ agreement.wpd
September S, 2002 Page 1 of 5
2. CONDITIONS PRECEDENT TO CLOSING.
a. The Planning Commission of the City of Bakersfield finding the sale
of The Property to be consistent with the City's General Plan
b. The completion of the demolition of the improvements presently
located on The Property
c. An irrevocable commitment from a bona fide lender to the BUREAU
of sufficient funds to complete the construction of BUREAU's new
building
d. Approval by CITY's pub'li~ Works Director of BUREAU's site plan and
architectural .el.evations of BUREAU's new building
3. ESCROW. CITY and BUREAU agree that this transacticn will be
consummated without the use of an independent escrow agent and agree to take all steps
necessary to complete this transaction in a timely manner. Further each party will bear
their respective costs associated with this transaction.
4. CLOSING DATE. Escrow shall close no later than ten (10) days after the
satisfaction of all conditions precedent to closing as set forth herein, unless extended by
mutual written agreement of all parties. ..
,5. CITY'S RIGHTTO REMOVEC~A~N ftt1PROVEMENTs. It is understood
that the following improvements currently in place on The Property are not included in this
transaction; All of the improvements that compdse the building and appurtenances situated
on the property commonly known as 515 Truxtun.
CITY will have the right to full use of the same, without payment of rent or
other consideration, until the close of escrow and transfer of possession of The Property
as provided in this Agreem.en_t. -' ..
CITY may remove such improvements, or any of them, until tha close of
escrow, Provided that CITY takes reasonable means to assuCe that no damage to the land
or other improvements results from such removal, and that CITY removes from the
premises all debris resulting from the removal. Any of the above listed improvements that
are not removed by the above specified date will become the property of BUREAU, and
CI.TY will have no further rights with respect to them.
6. CONVEYANCE OFTITLE. CITY agrees to convey to BUREAU marketable
fee simple title to The Property, subject only to the permitted exceptions as set forth in the
title policy or elsewhere in this Agreement. CITY shall execute a Grant Deed Which
conveys marketable fee simple title to The Property to BUREAU and shall deliver same
to EscroTM Holder.
Conb'actToSellRealProperty ·
CV~ agre~menLwpd
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7. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a Waiver of that party's
right to enforce such a provision at a later time, and shall not serve to vary the terms of this
.Agreement.
8. BINDING.EFFECT. The rights and obligations of th'is Agreement shall inure
to the benefit of, and be binding upon, the parties to the ccntract and their heirs,
administrators, executors, personal representatives, successors and assigns.
9. -GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation arising in any
way from this Agreement shall be brought in Kern County, California.
10. TIME. Time is ofthe essence in this Agreementl
11. MERGER AND MODIFICATION. This Agreement. sets forth the 'entire
agreement between the parties, and supersedes all other oral or written representations.
'This Agreement may be modified only ina writing approved by the City Council and signed
by all the parties.
1'2. CORPORATE AUTHORITY. Each individual sigr, ing this Agreement on
~" "' behalf of entities represent.andwarrant that they are, respectivelyl duly authorized to sign
on behalf of the entities and to .bind the entities fully to each and all of the obligations set
forth in this Agreement.
13. EXECUTION. This.Agreement is effective upon execution. It is the product
of negotiation and all parties are equally responsible for authorship. Section !654 of the
California Civil Code shall not apply to the interpretation of this Agreement. ~
14. EXHIBITS. In. the event of a conflict between the terms, ~onditions, or
specifications set forth in this Agreement and those in exhibits attached hereto, the terms,
conditions, or specifications set forth in this Agreement shall pre,ail. All exhibits to which
reference-is made in this A~r~ement, are incorporated, whether or not actually attached.
15. ASSIGNMENT. Neither this Agreement, nor an,/interest in it, may be
assigned or transferred by any party without the prior written consent of all the parties.
Any such assignment will be subject to such terms and conditions as CiTY may choose to
impose. -
16. NOTICES. All notices relative to this Agreement shall be given in writing
and shall be served or sent by certified or registered mail and shall be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
Contra ctToSellReJflProperty
CVB agreement, wpd
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~
To CITY: City of Bakersfield ~'.i..~....
1501 Truxtun Avenue
Bakersfield, California 93301
Attention: Don Anderson
Telephone: 326-3061
To BUREAU: Bakersfield Convention & Visitors Bureau
1325 P Street
Bakersfield, CA 93301
Attention: Don Jaeger
Telephone: ' 325-5051
Either party may ~:hange its address for no'tii:e by deiivering written notice to the other
party as provided.herein.
'!7. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or.
appropriate, to implement the terms of this Agreement and the intent of the parties to this
Agreement.
'18. BROKERS AND FINDERS. The parties acknowledge and represent that
CITY shall pay no commission to any broker Or finder in connection with the purchase and
sale of The Property.
19. HAZARDOUS MATERIALS. CITY is transferring property AS IS. CITY
knows of no hazardous materials upon the property. BUREAU has the right of entry during
escrow to examine The Property to determine the existence of hazardous materials.
Should hazardous materials be found on The Property, BUREAU may either accept the
full responsibility and costs of clean-up or cancel, the escrow. Once escrow closes,
BUREAU takes the property AS IS and assumes all responsibility an~ liability for
hazardous materials of every kind found on The Property including, but not limited to,
clean-up costs.
20. WATER AND MINERAL RIGHTS. Unless otherwise agreed herein,
conveyance of The Property does not include the water and/or, mineral rights, ditches,
appropriations, franchises, privileges and easements on, connected with, or usually had
and enjoyed in connection with The Property.
21. TAX EFFECT. None of the parties (nor such parties' counsel or
accountants) has made or is making in this Agreement any representation to any other
party (or such party's counsel or accountants) concernin~ any of the tax effects or
consequences on the other party of the transactions provided for in this Agreement. Each
party represents that it has obtained, or maY0btain, indePendent tax advice with respect
thereto and uponWhich it, if so obtained, has solely relied.
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September5,2002 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written..
"CITY" "BUREAU".
CITY OF BAKERSFIELD THE GREATER BAKEESFIELD
CONVENTION and VISITORS BUREAU
HARVEY L. HALL, Mayor .. .D~)N. ~GE~, Executive Director
-APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
ALAN D. DANIEL
Deputy City AttOrney II
COUNTERSIGNED:
· By: .
GREGORY J. KLIMk(~ "
Finance Director