HomeMy WebLinkAbout1989-317
1
RESOLUTION NO. 89-317
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
3 AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO RELATING TO THE PURCHASE OF CERTAIN REAL PROPERTY AT
4 181 SOUTH "G" STREET.
5
WHEREAS, Ordinance No. 3572 adopted on May 3, 1976, and
6 amended by Ordinance No. MC-564 adopted on December 8, 1986, the
7 City Council of the City of San Bernardino adopted and approved a
8 certain amended redevelopment plan (the "Redevelopment Plan") for
9 the Central City South project, (the "Project"); and
10 WHEREAS, pursuant to the Community Redevelopment Law of the
11 State of California (Health and Safety Code Section 33000, et
12 seq.), the Redevelopment Agency of the City of San Bernardino
13 ( "The Agency") is carrying out the Redevelopment Plan for the
14 proj ect in the Redevelopment proj ect Area (" The proj ect Area");
15 and
16
WHEREAS, in furtherance of the Project, the Agency and the
17 City desire to enter into a purchase and sale agreement relating
18 to certain property located at 181 South "G" Street, in the City
19 of San Bernardino.
20 WHEREAS, the sale by the City and the purchase by the
21 Agency of such property is of benefit to the project area in that
22 it will enhance the area and contribute to the elimination of
23 blight throughout the project area, and in the immediate
24 neighborhood in which the project area is located; and
25
WHEREAS, no other reasonable means of financing such
26 improvements are available to the community;
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DAB:br
August 4, 1989
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1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
3
SECTION 1.
The Mayor and Common Council hereby determine
4 that the property herein described is surplus and the sale of
5 such property to the Redevelopment Agency is of benefit to the
6 project area and the immediate neighborhood in which the project
7 area is located and that no other reasonable means of financing
8 such improvements are available to the community, and hereby
9 consent to the undertaking in accordance with the purchase and
sale agreement.
The determination that the improvements will
11 benefit the Project Area is based upon the fact that the Agency
12 is established to provide for the development of the project area
13 as a unified whole, and this property will form an integral part
14 of such development.
15
SECTION 2.
The Mayor is hereby authorized to execute the
16 agreement, a copy of which is attached hereto as Exhibit "A", on
17 behalf of the City.
18
SECTION 3.
The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within ninety (90) days of the passage of this
21 resolution.
22 I HEREBY CERTIFY that the foregoing resolution was duly
24
23 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the 7th
25
Bernardino at a
regular
day of
August , 1989, by the following vote, to wit:
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28
DAB:br
August 4, 1989
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RESO - AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
hGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE .
CITY OF SAN BERNARDINO.
1
AYES:
Council Members Estrada, Reilly, Minor,
2
Pope-Ludlam, Miller
3
NAYS:
Council Member Flores
4
ABSENT:
Council Member Maudsley
5
~~~~
cIty Clerk
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The foregoing resolution is hereby approved this '(-elL day
10
of
Allgllst
, 1989.
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12
,mch A
~EMPORR.
City of San Bernar
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Approved as to form
and legal content:
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16
JAMES F. PENMAN,
City Attorney
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By:. J:,Jt4tW'W ~ivfR. /
./~ .--/
18
DAB:br
August 4, 1989
3
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND q~LE AGREEMENT ("Agreement") made this
9-t1c day of du.-~ , 1989, by and between SAN
BERNARDINO REDEVEL@PMENT AGENCY, a public body, corporate and
politic (the "Buyer" or "Agency"), and THE CITY OF SAN
BERNARDINO (the "Seller" or "City") for the purchase and sale
of certain real property situated in the City San Bernardino,
California.
WHEREAS, Seller is the owner, in fee, of certain real
property located in the City of San Bernardino, California and
the Central City South Project Area, more fully described in
Exhibit "A" attached hereto and incorporated herein by this
reference;
WHEREAS, Buyer desires to purchase said property (the
"Subject Property") for cash, and Seller desires to sell the
Subject Property to the Agency:
NOW THEREFORE, Buyer and Seller agree as follows:
1. PURCHASE PRICE.
The purchase price for the Subject Property is Three
Hundred Thousand Dollars ($300,000). Prior to the close of
escrow, Buyer shall deliver to Escrow Holder, in immediately
available federal funds in the form of cash or a certified
check, the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000).
2. ESCROW.
Seller and Buyer agree to open an escrow by August
, 1989 with an escrow company acceptable to Buyer. Seller
and Buyer agree to execute all escrow instructions and
amendments and do all things necessary to complete said escrow
in total conformance with this Agreement. Seller and Buyer
agree to close escrow on or before August , 1989.
3. CONDITIONS OF CLOSING.
The close of escrow is conditioned upon:
(a) Conveyance to the Agency of good and marketable
title subject to the approval of the Agency Special and General
Counse I .
(b) Delivery of CLTA (California Land Title
Association) title insurance pOlicy or an ALTA title insurance
policy, at the Agency's option and with the Agency incurring
any additional expense, in the amount of the full purchase
price subject only to such liens, encumbrances, clouds, or
conditions as may be approved in writing by the Agency General
Counsel.
(c) Delivery of possession of the Subject Property to
Buyer or its nominee, immediately on close of escrow free and
clear of all uses and occupancies except as Buyer may waive in
writing.
4. PRORATIONS.
There shall be prorated between Seller and Buyer on
the basis of thirty (30) day months as of 12:00 midnight
Pacific Standard Time on the date of the close of escrow
pursuant to this Agreement:
(a) Real property taxes levied or assessed against
the Subject Property as shown on the latest available tax
bills. The County of San Bernardino by law will refund all tax
paid by Seller covering periods subsequent to title vesting In
Buyer.
(b) Premiums on insurance policies acceptable to
Buyer insuring the improvements and buildings, if any, on the
Subject Property against damage or destruction by fire, theft,
or the elements.
5. BONDS AND ASSESSMENTS.
Any bonds or improvement assessments which are a lien
on the Subject Property shall, on close of escrow, be paid by
Seller, except those liens imposed by the City of San
Bernardino or the Agency.
6. REAL ESTATE COMMISSIONS.
Each of the Agency and the Seller represents to the
other party that it has not engaged the services of any finder
or broker and that it is not liable for any real estate
commissions, broker's fees, or finder's fees which may accrue
by means of the acquisition of the Parcel, and agrees to hold
harmless the other party from such commissions or fees as are
alleged to be due from the party making such representations.
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7. EXPENSES OF ESCROW.
The following expenses of the escrow described In this
Article shall be paid by Buyer:
(a) The full cost of securing the title insurance
policy described in Paragraph 2 of this Agreement.
(b) The cost of preparing, executing and
acknowledging any deeds or other instruments required to convey
title to Buyer or its nominees in the manner described in
Paragraph 2 of this Agreement.
(c) The cost of recording a grant deed and all other
instruments required to convey title to the Subject Property to
Buyer or its nominees as described in this Agreement.
(d) Any escrow fee charged by the escrow holder in
addition to the cost of the title insurance policy required by
this Agreement.
8. ORDER OF RECORDING.
Escrow shall record the Grant Deed conveying the
subject property from Seller to Buyer.
9. OWNER'S REPRESENTATIONS, COVENANTS AND WARRANTIES.
As an express condition precedent to the Close of
Escrow for Buyer's Benefit, and in addition to any other
representations, covenants and warranties contained in this
Agreement, Seller makes the following representations and
warranties, each of which is true in all respects as of the
date of this Agreement, and shall be true in all respects as of
the Closing Date (as defined in the Escrow Instructions):
(a) AUTHORITY TO SIGN. This Agreement and all the
documents executed by the Seller, that are to be delivered to
the Agency at Closing are, and at the Closing will be, duly
authorized, executed and delivered to the Buyer; are, and at
the Closing will be, to the best of Seller's knowledge,
sufficient to convey title if they purport to do so; and do
not, and at the Closing will not, to the best of Seller's
knowledge, violate any provisions of any agreement to which the
Seller is party or to which it is subject, including, without
limitation, any prior options, purchase agreements and/or
escrow instructions.
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(b) EXISTING CONTRACTS. At the Closing, there will
be no outstanding contracts made by the Seller for any
improvements to the Property that have not been fully paid, and
the Seller shall cause to be discharged (in such a manner that
the Title Company will not show the Lien(s) as an exception(s)
to title under the Title Policy) all mechanics' or
materialmen's liens arising from any labor or materials
furnished to the Property prior to the Closing.
(c) TITLE. Seller has, and will convey to Buyer,
good and marketable fee simple title to the Property free and
clear of any liens, encumbrances, claims, rights, demands,
easements, leases, licenses, agreements, covenants, conditions
and restrictions of any kind or character (including, without
limiting the generality of the foregoing, liens or claims for
taxes, mortgages, conditional sales contracts or other title
retention agreements, deeds of trust, security agreements and
pledges) except for those exceptions to title shown in the
Preliminary Report. Without limiting the generality of the
foregoing, there are no encroachments on the Land from
adjoining property known to Seller. Seller shall not encumber,
modify or diminish title to all, or any portion of or interest
in, the Property without Buyer's written consent.
(d) LITIGATION. Seller is not involved in, nor does
Seller have knowledge of, any claim, proceeding or threatened
litigation, administrative or governmental proceeding or
investigation, relating to or otherwise affecting the Property
or the ability of Seller to deliver good and marketable fee
simple title to the Property to Buyer.
10. ATTORNEYS' FEES.
In the event of any controversy, claim or dispute
arising out of or relating to this Agreement or the escrow or
any breach of either, the prevailing party shall have received
as costs its receivable attorney's fees pursuant to California
Code of Civil Procedure Section 1021.
11. NOTICES.
Any and all notices or other communications required
or permitted by this Agreement or by law to be served on or
given to either party hereto, Buyer or Seller, by the other
party hereto or by the escrow holder shall be in writing and
shall be deemed duly served and given when personally delivered
to any of the parties, Buyer or Seller, to whom it is directed,
or in lieu of such personal service when deposited in the
United States mail, first-class postage prepaid, addressed to
the parties at the address shown below. Seller may change his
address for the purposes of this section by giving written
notice of such change to the other party in the manner provided
in this section.
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(Seller)
Address:
The City of San Bernardino
300 North "0" Street, 6th Floor
San Bernardino, CA 92418
(Buyer)
Address:
San Bernardino Redevelopment Agency
300 North "0" Street, 4th Floor
San Bernardino, CA 92418
12. INTEGRATION, AUTHORITY TO SIGN.
(a) This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the
parties or their predecessors in interest with respect to all
or any part of the subject matter hereof.
(b) Each individual signing below represents and
warrants that he has the authority to execute this Agreement on
behalf of and bind the party he purports to represent.
13. ENTIRE AGREEMENT.
This instrument contains the entire agreement between
Buyer and Seller respecting the Subject Property, and any
agreement or representation respecting the Subject Property or
the duties of either Buyer or Seller in relation thereto not
expressly set forth in this instrument is null and void.
EXECUTED on ~~ ~ ,1989, at San Bernardino,
Ca1ifornia.d .
"BUYER"
SAN BERNARDINO REDEVELOPMENT
AGENCY, a public body corporate
and politic of the State of
California
B~:.~
C.O- Cha i rman
--
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ATTEST:
Agency Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
(/Jdu1JC- (? dw~
Age?.fY.. ecial Couns~..l II. ,/-.j /~~,
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Agency Ge ral Counsel
The City of San Bernardino
"SELLER"
THE CITY OF SAN BERNARDINO
By: ~~R PRO TEMPOR L
ATTEST:
~;qp~dL/
ity Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
IY~l
/Ci ty Att ney -
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STATE OF CALIFORNIA )
) SSe
COUNTY OF SA'" B~~d)IM)
On this q1lf day of AU'4S'1 , l~ before me,
the undersigned, a Notary Public in and for said State,
personally appeared~l~tIJll1.""" p""'~ersonally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument as the Chairman of the SAN
BERNARDINO REDEVELOPMENT AGENCY and acknowledged to me that
said Agency executed it.
WITNESS my hand and official seal.
.,~~!,;, OFFICIAL SEAL
,~ ' "'" KATHARINE PEAKE
~ ~ ,,;i NOTARY PU:7'JC; .. CAUi=ORN!^
SAN 8ERNAPClNO COUNTY
Mi' Camm. Expires Sept. 27, 1991
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(SEAL)
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF&"" M/PALI>UJO
On this '1"-" day of j..U(;.uS"'- , 190'1, before me,
the undersigned, a Notary Public in and for said State,
persona lly appeared.sr~tJ~1J H .l>t.,.r-tlT, persona lly known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument as the Chairman of THE CITY
OF SAN BERNARDINO and acknowledged to me that said Agency
executed it.
WITNESS my hand and official seal.
~.,""
r,.\. __.' C~~I;:'r(;l1\L' SEAL
. ~'~;;"'"'';~~:'''~ I\ATH!~nINE PEA}(E
3:~: NOT/tRY PU:'UC - CAUFORNIA
SAN BERNARDiNO COUNTY
My Comm. Expires Sept. 27, 1991
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\~..1"'\',\~A---1--(_/' I-fI ~! ~.
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(SEAL)
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