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HomeMy WebLinkAbout2005-319 . . 1 RESOLUTION NO. 2005-319 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT WITH DAVID E. ML YNARSKI AND THE EXECUTION OF A GRANT DEED FOR 4 . THE SALE OF CITY PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MAC KAY DRIVE AND "D" STREET IN THE CITY OF SAN 5 BERNARDINO. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 11 SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and authorized to execute on behalf of said City, a Sales and Purchase Agreement with David E. Mylnarski, a copy of which is attached hereto as Exhibit "A" and a Grant Deed, a copy of which is attached hereto as Exhibit "B", for the sale of certain City property 12 13 located on the Southeast comer of Mac Kay Drive and "D" Street, in said City and more 14 fully described in detail in said Exhibit "A" and said Exhibit "B". 15 SECTION 2. That the amount of $160,000.00 (One Hundred Sixty Thousand 16 Dollars), from the sale proceeds of less closing costs, be transferred to the Water 17 Department upon the close of escrow. 18 19 SECTION 3. Said Agreement shall be null and void if either party fails to 20 execute the Agreement within sixty (60) days of the date of adoption of this Resolution. 21 22 23 /1/ 24 25 1/ / 26 27 /1/ 28 09/14/05 ,...- 2005-319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF CITY PROPERTY LOCATED AT THE SOUTHEASTCORNER OF MAC KAY DRIVE AND "D" STREET. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof held on the 19th day of September , 20~, by the following vote, to wit: Council Members: AYES ESTRADA X LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON X MCCAMMACK X NA YES ABSTAIN ABSENT ~h~ 19 1J 7? The foregoing resolution is hereby approved this crt day of September ,20~. 20 21 22 ~~~ Esther Estrada, Mayor Pro Tern City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City torney 26 27 28 ~ 08/24/05 2 . ~ . 2005-319 SALES AND PURCHASE AGREEMENT OR1G1NAL '} J tsJ:. ~ This Agreement ("AGREEMENT") is made and entered into this .;1 day of , 2005, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SE LER") and DAVID E. ML YNARSKl ("BUYER") for the sale of City owned property ("PROPERTY"). PROPERTY to be sold is generally located at the Southeast comer of Mac Kay Drive and "0" Street, in the City of San Bernardino, State of California and is more fully described as follows: Parcel 6 of Parcel Map No. 5333, in the County of San Bernardino, State of California. As per plat recorded in Book 50 of Parcel Maps, Pages 96, 97 and 98, records of said County In consideration of which and for the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their negotiations. The performance of this offer constitutes the entire consideration for said document and shall relieve the parties hereto of all further obligations or claims on this account. 2. PROPERTY consists of approximately 0.77:1:. acres of vacant land and is designated "CG" (Commercial General). 3. Parties shall enter into Escrow with First American Title Insurance Company, 323 West Court Street, San Bernardino, California, for a period not to exceed sixty (60) days, unless mutually agreed upon by both parties. Parties authorize said Title Company to disburse funds accordingly. 4. The purchase price of PROPERTY shall be $160,000.00 (One Hundred Sixty Thousand Dollars). SELLER hereby acknowledges that BUYER has deposited with SELLER, the amount of$16,000.00 (Sixteen Thousand Dollars) which SELLER shall deposit into Escrow toward said purchase price. 5. SELLER SHALL: A. Pay one-half of all Escrow fees, recording fees and any closing costs incurred in this transaction. B. Deliver an executed Grant Deed to Escrow #2006690 at First American Title Insurance Company, 323 West Court Street, San Bernardino, California. C. Provide an owner's title policy naming the BUYER as the insured in the amount of the purchase price, insuring that the BUYER owns fee title to PROPERTY, subject to the permitted exceptions. SELLER shall pay the premium for and charges related to the issuance of the owner's title policy. Title shall be vested as "3rd Street Development, LLC", as requested by BUYER. I . ,'.2G05-319 SALES AND PURCHASE AGREEMENT - Southeast corner of Mac Kay Drive and "D" Street. 6. BUYER SHALL: A. Pay the SELLER the sum of$160,000.00 (One Hundred Sixty Thousand Dollars) cash, to be deposited into Escrow, less said deposit of$16,000.00 (Sixteen Thousand Dollars), for the property. B. PROPERTY interest will be conveyed when title to PROPERTY vests in the name of BUYER and is free and clear of all liens, encumbrances and assessments except as follows: 1) Covenants, conditions, restrictions and reservations of record. 2) Easements and/or rights of way over said land for public or quasi-public utility or public street purposes. C. BUYER shall have the right to review the condition of title in Escrow and its obligations shall be subject to its approval of the condition of title as provided therein. D. Pay one-half of all Escrow, recording and any closing costs incurred in this transaction. E. BUYER accepts the PROPERTY in an "as-is" condition. 7. BUYER'S DEFAULT AND FORFEITURE OF DEPOSIT. lfthe BUYER refuses or fails to consummate the purchase of PROPERTY pursuant to this AGREEMENT for any reason other than termination hereof pursuant to a right granted hereunder to do so, or breach by SELLER of its agreements hereunder, then SELLER as its sole and exclusive remedy shall have a right to terminate this AGREEMENT by giving BUYER written notice thereof, in which event BUYER shall forfeit said deposit as liquidated damages and neither party hereto shall have any further rights or obligations hereunder. 8. SELLER'S DEFAULT AND RETURN OF DEPOSIT. If SELLER fails to perform any if its obligations hereunder, either prior to or at the closing of Escrow, the BUYER may terminate this AGREEMENT by notifying SELLER thereof, at which time said deposit, together with any interest earned thereon, shall be returned to BUYER and neither party hereto shall have any further rights or obligations hereunder. III III 2 ....., '*,.' ~. '... . 2005-319 .. SALES AND PURCHASE AGREEMENT - Southeast corner of Mac Kay Drive and "D" Street. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written above. NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. BUYER: SELLER: CITY OF SAN BERNARDINO By: By: ~~- Esther Estrada, M~~yor Pro Tcm City of San Bernardino Approved as to form and legal content: ATTEST: ~,~y~ JAMES F. PENMAN, City Attorney 3