HomeMy WebLinkAbout1988-349
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1
2 RESOLUTION NO. E:t3~-3V~
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
4 THE ARMY FOR AN OPTION TO PURCHASE 69.43 + ACRES IN THE CITY OF
SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of said
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City, an agreement with United States Department of the Army
granting an option to the Army to purchase 69.43 ~ acres of real
property in the City of San Bernardino, a copy of said agreement
is attached hereto marked Exhibit "A" and incorporated herein by
this reference as fully as though set forth at length
SECTION 2.
This Agreement shall not take affect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at an adj ourned regular meeting held on the 14th day
of
September
, 19~, by the following vote, to wit:
AYES:
Counci I Members Reilly, Minor, Pope-Ludlam, Miller
NAYS: None
ABSENT:
Council ~embers _Estra<!a,__~~ores,on Maud~ley
h ~t /
A.": 4'/za~~,; /1;'7/ ~ii!.~' ~
.<:.- /.. IZ..L.::. Q/ /: ./
Ci ~y Cler~{ ""-----
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RESO:, AUTHORIZING THE EXECUTION OF AGREEMENT WITH THE UNITED
STATES DEPARTMENT OF ARMY FOR AN OPTION TO PURCHASE 69.43f ACRES
IN THE CITY OF SAN BERNARDINO
'lj11
The foregoing resolution is hereby approved this II .~.
day of ~27"'~~
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Approved as to form
and legal content:
J,~
y Attorney
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Evl
City
DEPARTMENT OF THE ARMY
OPTION TO PURCHASE REAL PROPERTY
Project
Tract No.
Option No.
Vendor
City of San Bernardino.
In consideration of the sum of Three Hundred Thousand and
No/lOO ($300,000.00) and other valuable considerations, to the
undersigned holder of an interest in escrow, hereinafter called ~
"vendor" in hand paid by the United States of America, the
receipt and sufficiency of whic? are h~~~: ;.$;.!sl}WI!..~ed'&~J~.:?l
Vendor, who represents that he 1.S the '6~Mar o~ ~~-'6p~ ~o
hereinafter described, hereby, for himself and his heirs, ~
executors, administrators, successors, and assigns, gives and
grants unto the United States of America or its assigns the
exclusive right and option to elect on or before 30 November
1989, to purchase at and for the price of Three Million Thirty
Eight Thousand and No/lOO ($3,038,000.00) and in accordance with
the terms and conditions set forth below, that parcel of land,
with he buildings and improvements thereon and all rights,
hereditaments, easements, and appurtenances thereunto belonging,
located in City of San Bernardino, County of San Bernardino,
State of California, bounded and described as follows:
69.43 acres of land as shown in Exhibit "A" attached hereto and
made a part hereof.
Fund to be paid by Norton AFB Accounting and Finance-Fund
citation
57870454-838-65MR-244424-P7229l-65l-503600
the Vendor to convey to he United States, as hereinafter
provided, a valid, indefeasible fee simple title to said land,
subject only to the following rights outstanding in third
parties, namely:
None
and the following rights and interests to be reserved by the
Vendor, namely:
None
The. terms and ctmditin-n8 of this option are a8 follow,:
1. The purcha.se price set forth above is payable a8 so~ a8 the United States h48 eze-rcised thiB option and.
has ha.d a reasona.ble time within which to secure and e%amlne the evidence of title to said land and to obtain the
necessa.ry approval of title; provided that the Vendor can execute and deliver to the United States a good and.
sutJicie1&t general warranty deed conveying said land, with othe hereditam~nts, easements, and appurte1U1.nces
thereunto belonging, to t1a.e United States of America in fee simple, free from all liens and encumbrances and shall
quitcl4im to the United States of America and. its assigns all right, title, or interest tohich the Vendor may have
in the banks, beds, and water. of anll streams opposite to or fronting upon said land, and in an1l allev', r0Gd8,
streeu, ways, strips, gore., or railroad rights of way abutting or adjoining said land. and ift any meat&l of ifttrreu
or egress appurtena.nt thereto, said, cOftveyance to be 8Ubject only to such outstanding rigAtB in th.'irdparliu and
reservatiom b1l the Vendor a8 may be set forth. .ab01Je; pr01l'itkd, however, th4t cOflveyaf&Ce, by lt4tu, municipal
corporatiom, fiduciaries, and pers01lJl acting solely in CI re-prese1&talive capa,city need not c01lt4in general
warranty covenants if otherwise acceptable and satilf~Dr7I to the United State,.
2. It i8 the intention of the Vendor and he hereby agree. that this option may be ezerci8ed by the United
States thro"ugh any duly authorized represen,tative, by delivering, m.ailing, or telegraphinl1notice thereof to the
Vendor a.t the address sta.ted below, Q1'& or before t~ d4te set forth, 4bol1e.
3. It is understood that the United States is to defray the expenses incident to the preparation of the deed,
to the United States and the abstract or certificate of title; provided, hou.'et'er, that the Vendor will deliver to
the representati~'es of the United States any abstracts, certificates of title, or muniments of title available or in
h1.8 possession.
4. The ~~endor agrees that all taxes, assessments, and encumbrances which are alien against the land at the
time of the conveyance to the United States shall be satisfied of record by the Vendor at or before the tra1&8fer of
title and, if the V'endor fails to do so, the United States may pay any taxes, assessments, and encumbrances
which are a lien against the land; that the amount of such, payme1'r'ts shall be deducted from the purchase price
of the land; at the request of the United States by its authorized representati'L'e and without prior payment or
tender of the purchas~ price, he will execute and deliver the general warranty deed hereinabove provided for
conveying to the United States the land herein described,' that he will pay documentary revenue stamp taxes and
obtain and record such other et'.idence of title as may be required by the (./'nited States; it being understood that
the Got'ernment 'Will pay the fee for recordation of the deed to the United States.
5. The Vendor agrees that loss or damage to the property by fire or acts of God shall be at the risk of tn.e
Vendor until the title to the land and deed to the United States have been accepted by the United States through
its duly authorized representati'L'e, or until the right of occupancy and use of the land, as hereinbelow provided
for, ha.3 been exercised by the United States,' and in the et'ent that such loss or damage occurs, the United States
may, without liability, refuse to accept conveyance of title, or it may elect to accept con1/eyance to title to such.
properly, in whic.h case there shall be an equitable adj'U8t~nt of the purchase price.
Sa. See addenda
6. The Vendor agrees that the United. States ma1l, a.t its election, and notwith8tanding the, prior eZ'!I'cUe 01
thu option, acquire title to said land 01" any portiOfl thereof or any interest tlt.erein, by condemnation or other
fudicial proce.edings, in which event the Vendor agree. to cooperate with the United Sta.te. in the prosecution
of such. proceedings and also agree. that the c01t8ideration herei7l4bove stated. shall be. the full amount of. the
award of just compensation inclusive of interest' for th"e taking of said land and that any aiul aU awards of just
compensation that may be made in the proceeding to any defendant shall be payable and deductible from the
said amount and that said conside1'atio1f, shall also be in full sa.tufaction of any and aU clai17&8 of the Vendor for
the payment of the riaht of occupancy and use hereinafter provided. for in Paragraph 1.
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8. It is agreed that the spouse, if any, of the Vendor by signing below agrees, to join in any deed to tM
United States and to execute any instrument deemed necessary to convey to the Untted States any separate or
community estate or interest in the contracted propert~' or to relinquish. and release any dou'er, curtes'V, home-
,tead, or other rights or interest of such spouse therein.
9. The above description of the real estate is I'Ubject to such modifications as may be necessary to conform
to survey (if any) m.a.de by the agent8 of the United States.
10. The Vendor represents and it is a condition of exercise of this option, that no Member of or Delegate to
Congres8, or Resident Commissi01J.er, shall be admitted to or share any part of this option, or to any benefits
th4t mall arise therefrom,' but this provision shall not be C01&8trued to'extend to any contract if made with a
corporation for its general benefit. '
11. Wherever the context thereof requires, the Bingul4r number as used herein shall be read as plural, and
the m48culine gender a.s feminine or neuter.
If. It is agreed tka.t, if the United State, of America or itsa8signs shall fail to exercise this option on or
before the d4te set forth above, the amount paid to the Vendor fot this option pri.,:ilege ska.ll be forfeited to the
Vmdor. (See addenda)
1 S. All terms and conditions with respect to this opft'on are expressly contained herein and the Vend.or
agrees that no representative or agent of the United States has made any representation or p,'omise with respect
to this option not expressly contained herein.
14. (See addenda)
SIGNED, SEALED AND DELIVERED as of the
.J.(
dayof~~
, 19 g-~
TH~ UNITED STATES OF AMERICA
B1/: 0~Q:c if:f~'-
(SEAL)
(SEAL)
(SEAL)
-, (SEAL)
--------------
ATTEST:
~~~~~;~ AS TO FORM AND LEGAL ~~~ (SEAL)
htlri?~~___-----------------------------~~~~~
U (Addf'u_ to whieh notice of "ef'cUe of option" to be .mt)
NOTICE OF EXERCISE OF OPTION
In accordance with the terms of this Option, notice is hereby gi.,.'en that the UNITED STATES OF
AMERICA hereby exercises and accepts said Option.
By:
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o U!. C.ovl"'"l''' ~.,"TI"C. 0""[ '''~ o-,.~-'U
ADDENDA TO STANDARD FORM CORPS OPTION AGREEMENT
5(a) The vendor agrees that should it be determined, prior to
close of any escrow established to complete the purchase of the
subject property, that the property is unsuitable for the United
states intended use for construction of a minimum of 400 family
housing units due to topography or soil conditions, including
conditions of toxic or hazardous waste, as shown by soil tests or
determined in conjunction with any federal or state required
Environmental documentation, the United states or its assigns
may, without liability, refuse to accept conveyance of title, or
it may elect to accept conveyance of title with an equitable
adjustment of the purchase price of not less than an amount
necessary to render the property usable for the intended
construction. The costs of such determinations shall be paid by
the United states or its assign. In the event the United states
or its assigns refuses to accept title or an equitable adjustment
cannot be arrived at, then, it is agreed this option shall be
null and void and the United states shall be reimbursed in full
the $300,000 consideration tendered to vendor.
ADDENDUM TO PARAGRAPH 12: No forfeiture shall result if the
cause of the United Sates or its assigns failing to exercise the
option is beyond the control of the United States or its assigns.
However, the United States shall pay 50% of the total costs
incurred by the City, such total costs shall not exceed $5,000.00
per paragraph 7 of the agreement for sale of real property with
the State of California.
ADDENDUM TO ADD NEW PARAGRAPH 14: It is agreed that the
consideration paid for this option will apply in full to the
total consideration for purchase of the property as set forth
above.
I~tt/
Mayor
City of San Bernardino
IN I T Itt\:--
U.S. Government
(revised 9-14-88)
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